HomeMy WebLinkAboutPW B Street Community Center ADA BathroomsCity of San Rafael ♦ California
Agreement for Informal Bids
B Street Community Center ADA Bathrooms
This Agreement is made and entered into this 30th day of October , 2019 by and between the City of San
Rafael (hereinafter called City) and Argos Construction (hereinafter called Contractor). Witnesseth, that the City and the
Contractor, for the considerations hereinafter named, agree as follows:
1. Scope of the Work.
The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the
project entitled "B Street Community Center ADA Bathrooms", all in accordance with the requirements and provisions
of the construction documents by SKS Architects Specifications and Drawings ("2010-04-03 Planset — Comm Center
Bahroom — Final"); and, Argos Construction Bid Form (Revised 10/8/2019), attached hereto as Attachments A & B
respectively.
2. Prevailing Wages.
Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C),
the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to
execute the contract, shall be followed.
3. Bonds.
The Contractor shall provide and maintain during the course of the project, a Payment Bond and a Faithful Performance Bond
issued by a surety admitted in California, to cover the work under this Agreement, both in the amount of $180,000.00, The
bonds shall be in the form attached hereto as Exhibit C.
4. Time of Completion.
(a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date
of written notice by the City to the Contractor to proceed.
(b) All work, including punchlist items, shall be completed within 33 Calendar Days. and with such reasonable
extensions of time as may be requested by Contractor and approved by City.
5. Liquidated Damages.
It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as
set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely
difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such
delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every working day's
delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay
said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any
moneys due or that may become due the Contractor under the contract.
6. The Contract Sum.
The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of
each of the untis for work in the following scheduled completed at the unit price stated. The number of units contained in
this schedule is approximately only, and the final payment shall be made for the actual number of units that are
incorporated in or made necessary by the work covered by the Contract, provided that the total compensation under this
Contract shall not exceed $180,000.00 unless a written amendment is executed by the City and the Contractor.
BID ITEMS
Agreement • 1
ESTIMATED UNIT UNIT PRICE TOTAL PRICE
ITEM DESCRIPTION QUANTITY
Community Center ADA Bathroom
1. Renovation per Attachment A (SKS 1 LS @ $180,000 = $180,000
Drawings & Specifications)
GRAND TOTAL BID $180.000
Progress Payments.
(a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate
covering the total quantities under each item of work that have been completed from the start of the job up to and
including the 25th day of the preceding month, and the value of the work so completed determined in accordance
with the schedule of unit prices for such items together with such supporting evidence as may be required by the
City and/or Contractor .
(b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made,
pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department.
(c) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention
of any portion of the payment by the public agency, by depositing securities of equivalent value with the public
agency in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if
deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the
securities shall be final.
8. Acceptance and Final Payment.
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within
5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully
performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required
by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire
balance found to be due the Contractor, shall be paid to the Contractor by the City as soon as possible,
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls,
material bills, and other indebtedness connected with work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the
City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not
already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than
those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final
payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver
of all claims by the Contractor, except those previously made and still unsettled.
Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.
9. Insurance.
(a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the
following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000)
per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or
property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of
one million dollars ($1,000,000) dollars per occurrence.
Agreement • 2
3. If it employs any person, Contractor shall maintain worker's compensation insurance, as required by the
State of California, with statutory limits, and employer's liability insurance with limits of no less than
one million dollars ($1,000,000) per accident for bodily injury or disease.. Contractor's worker's
compensation insurance shall be specifically endorsed to waive any right of subrogation against City.
(b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this
section above shall also meet the following requirements:
1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and
volunteers, as additional insureds under the policies. Additionally, the insurance policies shall be specifically
endorsed to include Alten Construction, Inc. as additional insured under the policies.
2. The additional insured coverage under Contractor's insurance policies shall be "primary and
noncontributory" with respect to any insurance or coverage maintained by City and shall not call upon City
insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in
Contractor's policies shall be at least as broad as ISO form CG20 010413.
3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and
personal injury.
4. By execution of this Contract, Contractor hereby grants to City a waiver of any right to subrogation
which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation, but this provision applies regardless of whether or not City has received a waiver of
subrogation endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said
insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of
this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a
provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City
(if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called
upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in
excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or
any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the
minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.
(c) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared
to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention
(SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or
City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City
shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claims administration, attorney's fees and defense expenses.
(d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing
the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page
listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or
specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right
Agreement • 3
to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right
shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and
sufficiency by City.
10. Indemnification.
(a) Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted
by law, City, its governing body, officers, agents, employees, and volunteers from and against any and all
liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney
fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of
or in connection with Contractor's acts or omissions with respect to this Contract, except such Liability caused by
the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not
limited by any limitation on the amount or type of damages or compensation payable under Workers'
Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or
early termination of this Contract. City will notify Contractor of any third -party claim pursuant to Public Contract
Code section 9201.
(b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any
way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
11. Nondiscrimination.
Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry,
national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement.
12. Compliance with All Laws.
Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the
performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless
City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from
any noncompliance or violation of any laws, ordinances, codes or regulations.
13. No Third Party Beneficiaries.
City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by
one party, under the terms and conditions of this Agreement, to the other party.
14. Notices.
All notices and other communications required or permitted to be given under this Agreement, including any notice of change
of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage
prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if
mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows:
To City: Public Works Director
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
To Contractor: Argos Construction
1212 H El Camino Real #501
San Bruno, CA, 94066
15. Independent Contractor.
Agreement • 4
For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity
of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status
of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City.
16. Entire Agreement; Amendments.
(a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by
reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.
(b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter
between the Contractor and the City.
(c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be
valid or binding, except by way of a written amendment to this Agreement.
(d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this
Agreement signed by the Contractor and the City.
(e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached
exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall
control.
17. Waivers.
The waiver by either party of any breach or violation of any tens, covenant or condition of this Agreement, or of any
ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or
regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or
regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due
or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of
any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation.
18. City Business License; Other Taxes.
Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San
Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be
required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal
Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
19. Warranty.
(a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary
wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all
supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as
a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a
period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or
material, together with any other work or material that may be displaced or damaged in so doing, that may prove
defective in workmanship or material within this one year warranty period without expense or charge of any nature
whatsoever to City.
(b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days
after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the
repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding
anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing
warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest,
or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor
shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to
health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as
determined in the sole discretion and judgment of City.
(c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other
product warranties to the City, prior to completion and final acceptance of the work by City.
Agreement • 5
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement
the day and year first written above.
CPTY OF SAN RAFAEL:
`J
Jim tz
City Manager
ATTEST:
I-0( Z) A/Ull
Lindsay Lara
City Clerk
APPROVED AS TO FORM:
Argos Construction
By:
Printed Name: Victor Arkhipov
By:
AAA
Robert F. Epstein Printed Name:
City Attorney
File No.: W:\06 City Owned Property\06.08 Construction Projects-Informal\06.08.58 B Street Community Center
Restroom\Council & Agreements
Agreement • 6
Executed in Triplicate
Performance Bond
Bond #:UCSX372X2284
Bond Pemium: $6,750.00
City of San Rafael ("City") and Argos Construction ("Contractor") have entered into a contract, dated
Stith of October 2019 ("Contract") for work on the B Street Community Center ADA
Bathrooms Project ("Project"). The Contract is incorporated by reference into this Performance Bond
("Bond").
1. General. Under this Bond, Contractor as Principal and United Surety Insurance Company, its
surety ("Surety"), are bound to City as obligee for an amount not less than $180,000.00. By
executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors,
administrators, successors and assigns, jointly and severally, to the provisions of this Bond.
2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
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 sections 2819 and 2845.
3. 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 Compensation 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.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action:
4.1 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;
4.2 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
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
5. 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.
6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal
delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable)
file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety
must be given as follows:
Attn: Claims
Address: 292 Newbury Street, Suite 105
City/State/Zip: Boston, MA 02115
[Project Title]
[Project Number] Performance Bond
Approved by City Attorney, dated October 23, 2019
Executed in Triplicate
Phone: 617-471-1112
Fax: 617-471-1116
Email: Thomas Carrigan
7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this
Bond will be venued in the Superior Court of < > County, 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.
8. Effective Date; Execution. This Bond is entered into and effective on October 31, 2019. Three
identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby
executed and submitted.
SURETY: United Surety Insurance Company
BuVe5s Nate ,
s/
Kelly A. Specht Attorney -in -Fact
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Argos Construction
,B,Uslss Name
sl
Victor Arkh
Name/Title
s/
Name/Title
END OF PERFORMANCE BOND
[Project Title]
[Project Number] Performance Bond
Approved by City Attorney, dated October 23, 2019
California All -Purpose Certificate of Acknowledgment
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 Orange S.S.
On October 31, 2019 before me, Debbie McGilligan Notary Public
personally appeared Kelly A Specht
N/A
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a)
islaxe subscribed to the within instrument and acknowledged to me that he/sit)) thay executed
the same in his/bianUmir authorized capacity(ims), and that by his/btw*mir 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 my hand andel official Seal.
JZ
I
OPTIONAL INFORMATION
DEBBIE MCGILLIGAN
Notary Public - California
Orange County i
Commission # 2184883
My Comm. Expires Oct 14, 2020
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Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of UCSX372X2284
Performance Bond - Argos Computer - San Rafael
containing 2 pageg, and dated October 31, 2019
The signer(s) capacity or authority is/are as:
❑ Individual(s)
® Attomey-In-fact
E] Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing: Init .d Surety Insurance Company
. , ,1.
Method of Signer Identification
Proved to me on the basis of satisfactory evidence-
❑ form(s) of identification ❑ credible Wtness(es)
Notarial event is detailed in notary journal ore I
Page # Entry if
Notary contact:
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
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UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety insurance Company
United Surety insurance Company
POWER OF ATTORNEY Agency No. 171372
KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety
Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by
these presents make, constitute and appoint:
Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Michael Herranen, Bethany Mercer
its true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders,
amendments, and consents of surety. This Power of Attorney shall expire without further action on December 31", 2023.
This Power of Attorney Is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called
and held on the 1" day of July, 1993:
Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys -in -Fact of the Company, In its name and as
is acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of Indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -In -Fact shall be binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.
That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of
attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof, such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the
Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 1st day of August, 2019.
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SCAI. i, SFAI '; �; SEAL :>
Corporate Seals
Commonwealth of Massachusetts
County of Suffolk ss:
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety insurance Company
Joel R. Chachkes, Treasurer
On this 1st day of August, 2019, before me, Thomas P. Carrigan, Jr., a notary public, personally appeared Joel R. Chachkes, Treasurer of United Casualty and Surety
Insurance Company, US Casualty and Surety insurance Company and United Surety insurance Company, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my hand and seal. _^ --• ----')
9 THOMAS P. CARRIGAN, JR,
(Seal) Notary Public, Canmmror * of MassadlusetR
Thomas P. Carrigan, Jr., Notary P lie Commission Expires; 10/31/2025 My Commission Exp res October 31, 2025
I, Robert F. Thomas, Chief Operating Officer of United Casualty and Surety Insurance Company, US Casualty and Surety insurance Company and United Surety
Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full
force and effect; furthermore, the resolutions of the Board of Directors, set out In the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto sL-t.my hand and affixed the seals of said Companies at Boston, Massachusetts this 31 st BY of
October _ .__.1019
Corporate Seals
1�
_ Robert F. Thomas, Chief Operating Officer
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM
Executed in Triplicate
Bond #:UCSX372X2284
Bond Premium included
in Performance Bond
Payment Bond
City of San Rafael ("City") and Argos Construction ("Contractor') have entered into a contract,
dated 30th of October 2019 ("Contract") for work on the B Street Community Center
ADA Bathrooms Project ("Project"). The Contract is incorporated by reference into this
Payment Bond ("Bond").
1. General. Under this Bond, Contractor as principal and United Surety Insurance
Company, its surety ("Surety"), are bound to City as obligee in an amount not less than
$180,000.00, under California Civil Code sections 9550, et seq.
2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the
persons named in California Civil Code section 9100 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 and its
subcontractors, under California Unemployment Insurance Code section 13020, with
respect to the work and labor, then Surety will pay for the same.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code section 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 sections 2819 and 2845. City waives requirement of a new bond
for any supplemental contract under Civil Code section 9550. Any notice to Surety may be
given in the manner specified in the Contract and delivered or transmitted to Surety as
follows:
Attn: Claims
Address: 292 Newbury Street, Suite 105
City/State/Zip: Boston, MA 02115
Phone: 617-471-1112
Fax: 617-471-1116
Email: Thomas Carrigan
6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant
to this Bond will be venued in the Superior Court of Marin County, 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.
<Project Title>
<Project Number> Payment Bond
Approved by City Attorney, dated October 23, 2019
Executed in Triplicate
7. Effective Date; Execution. This Bond is entered into and is effective on October 31,
2019. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: United Surety Insurance Company
Business Name
sl
Kelly A. Specht Attorney -in -Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Argos Construction
Bus' ess Name
s/
Victor Arkhipov
Name/Title
sl
Name/Title
APPROVED BY CITY:
<Project Title>
<Project Number>
END OF PAYMENT BOND
Approved by City Attorney, dated October 23, 2M
Payment Bond
?-: ?• . -- !,?R: : Ld 1?':,a ., . •!: - >e.r. . ,r ,su4^h:a.,.- •, 0—'V�., .,...-G I! • ,!r-•?F� ri r . ..i . .. .
California All -Purpose Certificate of Acknowledgment
a
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 Orange S.S. t
On October 31. 2019 before me, Debbie McGilligan Notate Public ,
. ,... .';z.:
personally appeared Kelly A. Specht
N/A
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/axe subscribed to the within instrument and acknowledged to me that he/sw*vy executed
the same in his/f erftair authorized capacity(jecs), and that by his/fxwAhak- 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 DEBBIE MCGILLI6AN
true and correct. Notary Public California
z Orange County z
WITNESS my hand and official seal. z Commission # 2164883
My Comm. Expires Oct 14.2020
1
a:
' OPTIONAL INFORMATION
:r:' 7%•t;7 ";7Ff i+' ?" rf 7:; ? r •;i
r.'1 . 'CP.: ,. 'iC ''F�'i' .; E�.. z�y
fo ._,?
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification
P 9 9 I _..__._ _ 9
i
document titled/for theur ose of UCSX372X2284
P P Proved to me on the basis of satisfactory evidence:
Payment Bond -Argos ComUter_-_San- Rafael ❑ fon-n(s) of identification ❑ credible witness(es)
containing 2 pageYs and dated October 31, 2019 Notarial event is detailed in notary journal on:
The signer(s) capacity or authority is/are as: Page 4_ Entry
❑ Indiwdual(s) Notary contact:
Attorney-in-fact
❑ Corporate Officer(s) he
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other.
i representing: United Surety Insurance Company
?-: ?• . -- !,?R: : Ld 1?':,a ., . •!: - >e.r. . ,r ,su4^h:a.,.- •, 0—'V�., .,...-G I! • ,!r-•?F� ri r . ..i . .. .
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
POWER OF ATTORNEY Agency No. 171372
KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety
Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by
these presents make, constitute and appoint:
Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Michael Herranen, Bethany Mercer
Its true and lawful Attarney(s)-in-Fact, each in their separate capacity if more than one Is named above, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders,
amendments, and consents of surety. This Power of Attorney shall expire without further action on December 31", 2023.
This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called
and held on the 1" day of July,1993:
Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys -In -Fact of the Company, in its name and as
its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recagnizances, contracts of Indemnity, waivers of citation and all other wr.tings
obligatory In the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed'by such Attorneys -in -Fact shall be bind ng
upon the Company as If they had been duty executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.
That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of
attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal;
when so used being hereby adopted by the Company as the original signature of such officer and the ariginal seal of the Company, to be valid and binding upon the
Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 1st day of August, 2019.
,.•tiQr•sJ;,' •. ,�xfU l.qr .`��•PISUR.r=;�s:
le ;v
3' seat. stint �. �s[nI. ;,v€
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Corporate Seals
Commonwealth of Massachusetts
County of Suffolk ss:
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
.- A
Joel R, Chachkes, Treasurer
On this 1st day of August, 2019, before me, Thomas P. Carrigan, Jr„ a notary public, personally appeared Joel R. Chachkes, Treasurer of United Casualty and Surety
Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the Instrument the person(s), or the entity on behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my hand and seal.
a
THOMAS P, CARRIGAN, JR.
Notary Public, Commonwealth of Massachusetts
(Seal)
Thomas R Carrigan, Jr, Notary P lic Commission Expires: 10/31/2025 My Commission Expires October 31, 2025
1, Robert F. Thomas, Chief Operating Officer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety
Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full
force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Boston, Massachusetts this 31 sl_day of
October _, 2p19
Corporate Seals
Robert F. Thomas, Chief Operating Officer
TO CONFIRM AUTHENT'CiTY 01 THIS BOND OR DOCUMENT EMAIL: CONFIRMSOND@UNITEDCASUALTY,COM
CITY OF SAN RAFAEL COMMUNITY CENTER
618 B STREET, SAN RAFAEL, CA 94901 1 APN #: 013-061-56
PROJECT PRINC3PLES
V I C I N I T Y M A P
o
OWNER
� `•,. 0 .•.
CITY OF SAN RAFAEL
PUBWOWS WOS DEPARTMENT
.6.-•��
III MORPHEW STREET
•' c.....,
° .
SAN RAFAEL, CA 94501..,
ATTN, CINDY RAY
ARCHITECT
f JOB SITE
������ ��'""�"+�'
ARCHITECTS
6055 NI CTS
IB57 4TH STREET
4TH
• ••
SAN RAFAEL, CA 94901
.. '>^•o -
(415) 367-1656
_ ••••
ATTN. STEWART SUMMERS
GENERAL NOTES
L ALL MATERIALS AND 1WROIA40HIP TO CCTFORI TO THESE PLA46, THE STANDARD SPECIFICATIONS OF THE
CURRENT ADOPTED EDITION 7016 CA' FOR41A BUILDING CODE INCLUDING THE 7016 CRC. 2016 CFC. 1016
CTI- 2016 CPC,1016 CEG 2016 CALFORUA ENERGY EFFICIENCY STANDARDS CODE (CEEB) 1016
TTHER
CALIFOIA GREEN BUILDING STANDARDS CODE (CGBS OR CALGRMV 4 ALL APPLICABLE CODES,
RN
ORDINANCES, AND STANDARDS FOR FESIDSNTIAL ccRBTRUCTEON AND SPECIFICALLY FOR THE
CLNSTAICIIOH OF TMA STRICTURE N MARK COUNTY AND THE CITY OF SAN RAFAEL, CALIFORNIA
1. ALL MATERIALS AND WOR°TANWIP TO FEET 09 EXCEED THE BEST 6TANDAPD6 OF THE TRADE.
3. ON-61TE VERIFICATION OF z)MMIONS, ELEVATIONS, AND OTHER CONDITIONS WALL BE THE
RE5PCN5115iLITY CF THE CONTRACTOR.
4. NOTED DTENOICKO TAKE PRECEDENCE. DO NOT SCALE DRAWNGS. CN -SITE VERIFICATION OF DIENSIONS,
ELEVATIONS. AND OTHER CCHDTTION6 SHALL BE THE RE11PONSISILITY OF THE CONTRACTOR ANY
D16CFBPANCIE6 SHALL ISE DROUGHT TO THE "IEDIATE ATTENTION OF TFE ARCHITECT.
E.PROEEGTICN OF oamW6 PROPERTY AND ALL ADJACENT FVWFERIIE6. AS TELL A6 THE of -RAL RIBLIG
ARE THE RE6PONSIBLITY6 THE CONTRACTOR AND SMALL BE MAINTAINED AT ALL T"E6.
6. ALL REFERENCES TO THE MECHANICAL. ELECTRICAL ARD PUFFING 6YOTE18 6"Ol N N THESE PLA45 ARE
INTENDED TO BE FOR DE6M INTENT ONLY. SPECIALTY SUBCLNTRACTORS WALL BE FE6PONSIBLE FOR
FINAL DE61GN, SECURING PERMS, NOTALLATION, N5PECTICHS, N PROPER OPERATION OF ALL SYSTEMS.
1. ALL PAIRS. FNCAULKING, I5ME6. AND AOWE6IVES. CAULK. AFD SEALANTS SHALL BE LOW, VOC
D. PROVIDE FREQUENT AND THOROUGH DWT CONTROL AND CLEANUP.
SHEET INDEX
PROJECT DATA
ARCHITECTURAL
PROJECT DESCRIPTION
REMODEL EXISTING RECREATION
AO COVER SWEET. PARTIAL 617E
PLAN 4 PROJECT DATA
CENTER ADA BATHROOMS. REMOVE
Al EXISTING 4 NEW ADA
AND REPLACE FIXTURES AND FINISHES
BATHROOM PLANS
SITE S BUILDING DATA
A7 WOMEN'S RESTROOM PLAN
AP.HUM5ER 013•061.56
AND INTERIOR ELEVATIONS
ZONING. Pioe
A3 MEN'S RESTROOM PLAN AND
INTERIOR ELEVATIONS
OCCIIPA NCY CLA551PICATICN B
A4 ADA DETAILS 4 NOTES
DESCRIPTION OF USE MLLING
CCN5TRICTICN TYPE V
6TOR1E5 ONE
6PNaERS YES
FLOOR AREAS:
LOT AREA • 601041 SF. (1334 ACNES)
REC. CENTER FLOOR AREA 14 00 SF.
LEGEND
EXIOTNG ULALL5 TO REMAIN UON. Q KEY NOTE
NEW OR ALTERED EXISTING IUALL6, (w NEW
(E) EXISTING
EXISTING TO Be REMOVED LION. (K) RELOCATED
AREA OF ADDITION, WADED R PROPERLY LINE
- UDNL UNLESS OTHERVOE NOTED
AREA OF "PERVIOUS SURFACE VJF. VERIFY N FIELD
- ¢ CENTER LINE
• AREA OF VEGETATION 04. DOUKSFIOUT
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FO. FACE OF
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DATE: I/17/I5
501LE: AS NOTED
DRAWN: SXS
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SHEET ID:
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Attachment "B"
BID FORM (REVISED 10/8/2019)
To be submitted as part of bid due as indicated on INSTRUCTION TO BIDDERS (Document 00 21 13)
CITY OF SAN RAFAEL — Community Center ADA Bathrooms
THIS BID IS SUBMITTED BY:
ARGOS CONSTRUCTION
(Firm/Company Name)
Re: CITY OF SAN RAFAELCOMMUNITY CENTER ADA BATHROOMS
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with
the City of San Rafael ("Community Center ADA Bathrooms"), to perform and furnish all Work as
specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time
indicated in this Bid and in accordance with all other terms and conditions of the Contract
Documents.
This Bid will remain subject to acceptance for 90 Days after the day of Bid opening.
In submitting this Bid, Bidder represents that Bidder has examined all the Contract Documents and
the following Addenda (receipt of all of which is hereby acknowledged).
_Addendum No. Addendum Date Signatur_e__of Bidder _
No. 1
4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated
and in strict accordance with the Contract Documents for the following sums of money listed in the
following Schedule of Bid Prices:
SCHEDULE OF BID PRICES
All Bid items must be filled in completely. Section "Summary of Work" describes the scope of work to be
performed under this contract.
Bid Prices:
ITEM
DESCRIPTION
BID
PRICE
1.
Base Bid: All Work for Community Center ADA Bathrooms
$
(Per SKS Architects Drawings A0, Al, A2, A3, & A4) and
Specifications & Details as shown on Sheet A2.
Grand Total Base Bid Price:
$ 180,000
Grand Total Base Bid Price: One hundred and eighty thousand dollars
(Words)
City of San Rafael BID FORM
Community Center ADA Bathrooms
5. Alternate pricing will be presented to the City of San Rafael at the time of contract approval. City of
San Rafael will determine which of the alternates (if any) they will select and add it to the Project.
The undersigned Bidder understands that City of San Rafael reserves the right to reject this Bid. The
undersigned Bidder acknowledges that City of San Rafael reserves the right to include any or none
of the alternates in the contract.
Name of Bidder: Argos Construction
License Number: 918864
Where incorporated, if applicable:
Expiration:
12131/2020
Address: 1212 H EI Camino Real # 501 Telephone No. 415-926-1299
San Bruno, Ca 94066
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
i
Signature of Bidder
10/10/2019
Date
-END OF SECTION -
City of San Rafael BID FORM
Community Center ADA Bathrooms
BID
ITEM
DESCRIPTION
PRICE
1.
Additive Alternate No. 1 — Shoreline Park Pathway
$ 45,000
Restroom Building Renovation (per Sally Swanson
Architects' drawings G-0.1, G-0.3, A-2.1, and A-2.2).
2.
ADD $10,000 Plumbing Fixture and Toilet Accessory
$ 10,000
ALLOWANCE for Shoreline Park Pathway RR
TOTAL Additive Alternate No. 1 — (Add Item 1+2)
$ 55,000
5. Alternate pricing will be presented to the City of San Rafael at the time of contract approval. City of
San Rafael will determine which of the alternates (if any) they will select and add it to the Project.
The undersigned Bidder understands that City of San Rafael reserves the right to reject this Bid. The
undersigned Bidder acknowledges that City of San Rafael reserves the right to include any or none
of the alternates in the contract.
Name of Bidder: Argos Construction
License Number: 918864
Where incorporated, if applicable:
Expiration:
12131/2020
Address: 1212 H EI Camino Real # 501 Telephone No. 415-926-1299
San Bruno, Ca 94066
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
i
Signature of Bidder
10/10/2019
Date
-END OF SECTION -
City of San Rafael BID FORM
Community Center ADA Bathrooms
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: DPW
Project Manager: Faby Guillen
Extension: 3435
Project Name: B Street Comm Center ADA Bathrooms _
Contractor's Contact: Arens Construction
Contact's Email: ArgOsConstruction@gMail.com
RESPONSIBLE
STEP
DEPARTMENT
DESCRIPTION
COMPLETED DATE
REVIEWER (Initials)
a. Email PINS Introductory Notice to Contractor
b Email Contract (in Word) & attachments to City Attorney c/o
I
Project Manager
Laraine- Gittens@cityofsanrafael org
10114/2019
FG
a. Review, revise and comment on draft agreement and return to Project
mm
Manager
_
b. Confirm insurance requirements, create Job on PMS, send PINS
.. ...... -- _....
2
City Attorney
insurance notice to contractor
Approval of final agreement form to send to contractor- (Proride Dept -
3
Department Director
—
Director Financial Suttanat)- m Agreement)
............._.._...-.. _ .....
Forward three (3) originals of final agreement to contractor for their
4
Project Manager
signature.
When necessary, contractor -signed agreement agendized for Council
approval
City Council approval required for Profen-rional Services Agreements and
Purchases gf'goods mid services that exceed 575, 000 and for Public !Narks
5
Project Manager
Contracts that exceed 5175,000 (linter date ofComicil Meeting)
PRM €
_CONTINUE ROUTING PROCESS WITLI HARD COPY
_
Forward signed original agreement to City Attorney with printed copy of this
11/5/19
6
Project Manager
City Attorney
routing form
Review and approve hard copy of signed agreement
l� /'
7
8
Review and approve insurance in PINS; and bonds (for public works
contracts)
Agreement executed by Council authorized official
Attest signatures, retains original agreement and forwards copies to prQlect
manager
1 jt /
l l
` l � q ! 1
d
Il I �� —1
.
City Attorney
9
City
ManagerlMayor
10
City Clerk
11
Project Manager
Forward Final Copy to Contractor