Loading...
HomeMy WebLinkAboutPW Albert Park Prefabricated ADA Restroom ProjectContract This public works contract ("Contract") is entered into by and between The City of San Rafael ("City") and McNabb Construction, Inc. ("Contractor"), for work on the Albert Park Prefabricated ADA Restroom Project ("Project"). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contrattor has submitted a Bid Proposal to perform the Work to construct the Project. On 20E ity authorized award of this Contract to Contractor for the amount set forth in SeAtion 4, below. 2. 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 and Performance 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 Potential Award; 2.12 Notice to Proceed; 2.13 Uniform Standards All Cities and County of Marin (available online at: https:ltwww. marincounty.orgl_/media/files/departmentsipw/engineering/2018-ucs-complete- set.odf?la=en); and 2.14 The following: ■ Building Permit ■ Structure cast Prefab Restroom Plans 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. 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 $184,884 ("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. 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 20 working 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. Albert Park Prefabricated ADA Restroom Building CONTRACT 11372 2021 Form Pagel Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,500 per day for each day of unexcused delay in achieving Final 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:llwww.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. 8. 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." 9. 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. 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 of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 415-485-3355 Albert Park Prefabricated ADA Restroom Building CONTRACT 11372 2021 Form Page 2 Attention to: Bill Guerin, Director of Public Works Email: Bill.Guerin@cilyofsanrafael.orq Copy to: Fabiola Guillen, Sr. Project Manager FabiolaG(�cityofsan rafael. org Contractor: Name:_ McNabb Construction Inc. Address: 3527 Mt Diablo Blvd #306 City/State/Zip:_ Lafayette, CA 94549 Phone:_ (925) 935-4200 Attn:_Dave McNabb Email: davemcnabb@hotmail.com 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. 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. Albert Park Prefabricated ADA Restroom Building CONTRACT 11372 2021 Form Page 3 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/ s/ Jim Schu ' y Manager �013obert Epstein, City Attorney Date: Z —�� 2-Z Date: -1/2a,/702,2, Attest: �j s/ 1� • / V ✓f/YLU1�wl Lindsay Lara, City. Clerk Date: CONTRACTOR: / "G GAZdli� e4rtXAIlC' " alt A � Business Name s/ Seal: /;q e-IMIA99 Name, Title wsd Date: Second ignaf a (See Sectio 12.8): s/ InAta,wi). IgCWaAel Name, Title Date: oZ��S ��oZ -766//9' g'13fIQ.? Contractor's California License Number(s) and Expiration Date(s) END OF CONTRACT Albert Park Prefabricated ADA Restroom Building CONTRACT 11372 2021 Form Page 4 Bond No. 1001183158 Premium: $3,698.00 Performance Bond <'I'he City of San Rafael > ('City") and McNabb Construction, Inc. DBA: DK Environmental ("Contractor") have entered into a contract for work on the < Albert Park Prefabricated ADA Restroom a Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Band"). 1. General. Under this Bond, Contractor as Principal and American Contractors Indemnity Company its surety ("Surety"), are bound to City as obligee for an amount not less than $-1-L—.884.00 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 cc -extensive with Contractor's obligations under the Contract. 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. Otherwise, Surety's obligations will remain in full force and effect. 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 for completion of the Work prior to acceptance of the Project, 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 backcharg es. 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, H❑tice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: American Contractors Indemnity Company (Jennifer Dodge) Albert Park Prefabricated ADA Restroom Building PERFORMANCE BOND 11372 2021 Form Page 7 Address: 801 South Figueroa Street, Suite 700 City/State/Zip: Los Angeles CA 90017 Phone: 310-242-2989 Fax: _ 'A 10-242-2289_ Email: J Dod e a tmhcc.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 �arw > 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 Februnpy 10 , 20_2Z. SURETY: American Contractors Indemnity Company Business Name s/ Name, Title Anthony F. Angelicola, Attorney -in -Fact —February 10.2022 Date (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Inc. DBA: DK Environmental a v. e - Date Name, Title S f AVl APPROVED BY CITY: "1001, a a w rJ oI ■ tirr , END OF PERFORMANCE BOND Albert Park Prefabricated ADA Restroom Building PERFORMANCE BOND 11372 2021 Form Page 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 San Francisco On efore me, D. TschagIiaki, Notary Public, personally appeared Anthony F. Angelicola who proved to me on the basis of satisfactory evidence to be the person(,) whose name(b) is/W subscribed to the within instrument and acknowledged to me that he/shz&w executed the same in hisAw&*vir authorized capacity(ics), and that by his/ ,4jWj signature(A 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 State of California that the foregoing paragraph is true and correct. OIL TSCHAPLIZKI � {�TOMM. # 2291784WITNESS m hand and official seal. IRYPUBLIC-CALIFORNIA+ ySAN FRANCISCO COUNTY OMti. E]fPIRES JUNE �. 2623 "� S1GNA PLACE NOTARY SEAL ABOVE NATURE OF NOTARY UBLI Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Signer(s) Other than Named Above: Number of Pages: \4 TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY= TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Anthony F. Angelicola of San Francisco, California its true and lawful Attomey(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, providing the bond penalty does not exceed *****Five Million***** Dollars ( • $5,000,000.00' ), This Power of Attorney shall expire without further action on April 231", 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 111 day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED 5 X13 5UR��CO PANY SPECIAL, 24 1 URANCE COMPANY tipAC_T_ON� ppL!kd� SgS t•s wt!u �'- t 4 '- �P ,SP � ,.F.. :fir•^"�ron State of California County of Los �Angeles; �� F`�` ' %"sy i� - By: t ®,Ror;+�� Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cerli'Bcate is attached, and not the truthfulness, accuracy, or validity of that document On this 15' day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty 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, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY_ under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ro[¢ry PuhdC • LaiNornu • � ' FganfNn Lwm� �_ tommq,icn � ]iN� 7v Signature (seal) MW14 I, Kio Lo, Assistant Secretaryv American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty 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 Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witrts,. Whereset my hand and affixed the seals of said Companies at Los Angeles, California this of h e her unto day of 111 ,.dOWN ,�M�In NMnrMrr, K rH Wy, n Corporate Seals ��_ NA1H�C 9{fGSllq�t5MWd7 e. Bond No. 10022 93 0. �,� Kia Lo, Assi Secretary Agency No. 2009 HCCSMANP0A062016 visit tmhcc.com/surety for more information Bond No. 1001183158 Premium included in Performance Payment Bond < The City of San Rafael ("City") and McNabb Construction, Inc. DBA: DK Environmental ("Contractor") have entered into a contract for work on the <--Albert Pntk Prefahrirated ADA om > Project ("Project"). The Contract Is incorporated by reference into this Payment Bond ('Band"). 1. General. Under this Bond, Contractor as principal andni ompany its surety ("Surety"), are bound to City as obligee in an amount not less than S. 184.884.00 , 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: American Contractors Indemnity Company (Jennifer Dodge) Address: 1 South F' ueroa Street, Suite 700 City/State/Zip: _F es,AngWIQ� CA 9001', _ Phone: _3-3.4.2n2 x.489 -- Email: - 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 n 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.] Albert Park Prefabricated ADA Restroom Building PAYMENT BOND 11372 2021 Form Page 5 7. Effective Date; Execution. This Bond is entered into and is effective on February 10 20 22 . SURETY: American Contractors Indemnity Company Business Name February 10, 2022 Date Name, Title Anthony F. Angelicola, Attorney -in -Fact (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: DK Environmental Business sl Name, Title APPROVED BY CITY: Date zlizLzoaz . te Name, Title • i I it ' A ier._:a� � ft END OF PAYMENT BOND Albert Park Prefabricated ADA Restroom Building PAYMENT BOND 11372 2021 Form Page 6 TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Anthony F. Angelicola of San Francisco, California its true and lawful Attorney(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, providing the bond penalty does not exceed *****Five Million" Dollars (! $5.00D.000.00`*" ]. This Power of Attorney shall expire without further action on January 31St, 2024. This Power of Attorney is ,granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. - Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of CaliforniaESI I q. _ 4`.•' County of Los Angeles 1% J.61a 1" Y . � gin_ }'•. y�� By: Daniel P. Aguilar, Vice President 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, accurac , or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty 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, or the entity upon behalf of which the person 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. D.Ln"ILEFIELD WITNESS my hand and off 1 seal Notary Public - Calrformla Los An4Rros County Commisslon ! 2340307 0-Y Comm. Lxnlres fan 3 t, 2D2� ' Signature (seal) I, Kio Lo, Assistant Secretary o American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty 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 Boards of Directors, set out in the Power of Attorney are in full force and effect. �In Wit e�,Where of l ve hereunto set my h nd_�qd affixed the seals of said Companies at Los Angeles, California this `day of Z�Y� Corporate Seals X10 00 o�ipr+lSVp o''i�ti u,a,uy`�n„ m �-.ceR $ �r�,,,.• Bond No. /DCI tIy.-�G�l�`••..,-_,.y 0% t=F �?e. Ki WI = 5max + ' Kio Lo, Assi Secretary Agency No. 2009 'c i •A„� T�oiY�+ �N . „!nurnn "u,p,n„ Nnten” 'nnnai�n,r'�? HCCSMANPOA09/2021 visit tmhcc.com/surety for more information CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 San Francisco On fore me, D. Tschaplizki, Notary Public, personally appeared Anthony F. Angelicola who proved to me on the basis of satisfactory evidence to be the person4) whose names) is/RM subscribed to the within instrument and acknowledged to me that he/s3 O&W executed the same in hishwr*i s authorized capacity(igs), and that by his/ Ah& signature(A on the instrument the person(r,), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. r DTSCHAPLIZKk .:µ 784 NONYPUALC CALIFORNA� WITNESS my hand and official seal. OMMSAN FRANCISCO COUNTY COMB j EXPIRES .JUNE r. 20231 SIGNAT PLACE NOTARY SEAL ABOVE A7URE OF NOTARY BLtC Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Document Date: Signer(s) Other than Named Above: Number of Pages: MCNAB-1 OP l@: SC '`*r ✓ �� CERTIFICATE OF LIABILITY INSURANCE 02/07/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holdar is an ADDITIONAL INSURED, the policy(les) must be endorsed. H suian A = IS WAWED, subject to the terms and odndltions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such sndarsemengs; . PRODUCER W R. L Musner, Inc. RL Milsner a Member of PCF Ins PioSs - CA License 114567311 y{1ti Nam 925�32•f34F4 No :925-1032-23'17 1233 Alp5ne Rd AI>Drtfss, Walnut Creek, CA 94696 - - -- — - — ~ - R.L.11111sner Ins Brokerage ___ INBURER(B)AFFO=NG COVERAGE _ _ NAIC0 _ _ nsaUR€nA t SSTF'if314� IndU� Se InsLi�nr.QS�.. �r,c^ ...� nlsuRiED ' -McNabb Construction, Inc. INBIR(ERs: National Union Fire Ins, Co. of PA dba: D.K. Environmental INSURERC:BtSte COMP 111118. FUrtd Of CA -' 133476 3527 Mt. Diablo Blvd., #306 - — -- - - -- - Lafayette, CA 94549 INSURER D., _ iNSUNIt E: United Financial Cas R!V Co. ,11770 INSURER F: - I — -- — COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED "ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL",SUBR TYPE OFINSDRANCE _ INSD�NYp POLR`YNUTABiA ` 5 1. Y EFF p,bl_h YT}IP � iN:JilOD1YYYY�_IhvvADIriYY,' _ L!FMTG ---------- A ; X GOLIUMCIALGENERAL LIABILITY ! I EACH OCCURRENCE j 6 t,D0O,G4{! ' CLAIMS -MADE 0 OCCUR 'AES121376400 - `-- X X !08119/2021 '06130/2022 �"D"' B PRIWL1SEgccs�rr}r_sa, i0b,00D EXP (Aly TI.M—) - 13 L - 1 PERSONAL &ADV INJURY 13 1,000,000 • GERL AGGREGATE LNWTAPPLIES PER: I GENERAL AGGREGATE J $ 2,D1f0,000 P011CY JET LOC I PRODUCTS-COMP/OPAGG S — - --- - 2,000,000 OTHER: i $ _ _ _ _ ! AUTOMOBILE LIABILITY — _ 16T&iH E D -S waLl; LLQ �jeftfp.$wk� E X ANY AUTO 108313261 r0/04/2021 10/04/2022 BODILY INJURY (Per parson) 5 I ALLOOWNED SCHHOEDULED j BODILYINJURY(Poruccid1 S NON -OWNED I j PROPERTYDA.AlAGE - !i -- HIRED AUTOS AUTOS j ,Par acaaanli IS DLIBRELLA LIAR X OCCUR ! EACH OCCURRENCE S 4,000,0010 13 X EXCESSLIAB- _I... CLAIMS -MADE 1EBUD19364674 08/19/2021 08/30/2022'. AGGREGATE _-T _ _B 4,000,00D GED' j RETENTIONS iWOFU(EftMIAPENsariON - - - I X I s11, Te AHD aaPLOYERe' LIABILITY C ;ANY PROPR!ETORIPARTNERIEXEGUfNE YIN I x 0272300, 10910512021 .09/05/2022 E.L.EACHACCIDENT(ftncS 1,000,00;7 DF6ICE ary In EILCLUDED? � N I A �- • OFFICelery in NH) _EL DISEASE. EA EMPLOYEE $ ^ 1.000.000 under 11P 9PHM11o6OF_Q Pw±T1vNs ar«I 1 I !E.LDISEASE -POLICY u,'AIT S 1,000.{100 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES (ACORD'101, Addmonal Ramage Schedule, mq be attached B MOM apace Is required) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of San Rafael ACCORDANNCE WI HOATE THE OLICY THEREOF, WILL BE DELIVERED IN Department of Public Works _ AUTNORIZ6D REPRESENTATIVE R.L. Mllsner Ins Brokerage �, , * U-vf--- ]_(��1"e'�°] 9)1986-2014 ACORD CORPORATION. An rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD R L MI LSM INC kalfffiIGRAWIFG PO BOX 8197 Gf?WERCIAL WALNUT CREEK, CA 94596 Policy number, 083132s1 Wderwrinen by. United Financial Casualty Company MCNABB CONSTRUCTION Insured: mcmBe CONSTRUCTION 3527 MrDIABLO306 LAFAYETTE, CA 94549 Mailing Address United Anandal Casualty Company PO Box 94739 Additional insured endorsement Cleveland, OH44101 1800-4444487 For custlNrrer$Wce, 24 hours a day, Name of Person or Organization 7 days week City of San Rafael Department of Public Works The person or organization named above is an insured with respect to such liability average as is afforded by the policy, but this Insurance applies to said Insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit spedfically described on the Declarations Page. Limit of Liability Bodily Injury Not applicable Property Damage Notappllcable Combined Liability $1,000,000 each accident All other terms, Hmlts and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 08313251 Issued to (Name of insured): MCNAPS CONSTRUCTION Effective date of endorsement; 02/07/2022 Policy expiration date: 10/04/2022 Form 1198 (01!04) Policy #AES121376400 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addition- al insured under this endorsement ends when your operations for that additional insured are complet- ed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: AES1213764 00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): I Location and Description of Completed Operations All persons or organizations where written contract All locations where required by written contract. with the Named Insured requires additional insured completed operations coverage. This form does not apply to your work on residential property Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 11 POLICY NUMBER: AES1213764 00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing, Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 POLICY NUMBER: AES1213764 00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where written contract with the Named Insured requires additional insured completed operations. Information required to complete this Schedule, if not shown The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. will be shown in the Declarations. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ENDOfiB>IMOU AliRi:.6IVdNW RLIVER OF BMMDGLTION 9222300 REN HOW OFRIOH "NMLAReMM }i`6'P'ZMZVE September 5,2021 AT 12.01 A.m. PME 1 Or ALLY DATESARI# Amn Erp 13JEW September 5, 2022 AT 12.01 A.K. AT 1601 AN FAIWW 8-rAMARD TME OR THE TIME Ili 1CATO AT PACiF4C STANUAIM TII16E McNabb Construction, Inc. dba: D H ENVIROMMM 3527 UT DIADW SLID # 306 &APAYRTM, C& 94549 ANYTHM IN THIS POLICY To TIM CI VURY NOTWI'!`HST*MrW' IT IS AGRM TEAT THE 8TATB COMFENSATION ItiSIIRANCS FILED MIM AVY RIGNT OF $13ROCATION ASST, Blanket - Per Written Agreement with Named Insured iNEXCE t4IMT ARISE BY RLWW OF ANY PAS EIAI M MMS POLICY IN CONI918CTIGN NITS WORE PRRFDRMMD BY, McNabb Construction, Inc. IT IS FDRTSBR AGMW TEAT THE INSIM SBALL MUNT IN PAYROLL RECOBDB ACE ATSLY SEMGA1'M M RSP MaMAT'ION OF EMPLOYEES WHILE ENGA 1 iN WORK FOR THE ABOVE S,IPLOYNK. IT IS FOikTSB>i AGRM THAT FREXIIIN ON TSB RARNINGS OF SUCH EWLDYBn SBALL RZ INCUAM BY 3 %. NOTMG IN THIS UMORSE ENT COrNTA NM SHALL 21 OW TO VARY, ALTiR, WAIVE DA VMW ANY OF THE TERMS, CONDITIONS, AC,R&fcM1W$. OR LIMITATIONS OF 7H18 POLICY OTHER THAN AS STATM NOTHING EL6pWHM IN THIS POLICY SHALL BE HEIR TO VARY, ALTA, WAIVE ON LIMIT THE tMMS, CONDITIONS, AOREEi NTS OR LIMrrATIONB OF THIS E1NDOf;>WASVT. cou NTFASIaI ED AND 1801:0 AT 9,A�NFRFAANCIBM ;e—-ro+4 ems. AUTFWIZr=D RMV0XWPdTV6 PliEsmEl{1tT AND CM 2570 COIF FORM iDW MEV.7-=01d1 DID Dr tip RAFq�f 7 % 2 � o C.r `yGi WITH P� 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: Public Works Project Manager: Ashley Dohrmann for Shawn Extension: 3352 Contractor Name: McNabb Construction, Inc. Contractor's Contact: Dave McNabb Contact's Email: davemcnabb@hotmail.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT I DATE Check/initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 2/3/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement ZAD 2 City Attorney 2/3/2022 ® LG and return to Project Manager 2/3/2022 ® 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 Click or tap ❑ contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 2/7/2022 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 2/17/2022 Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney agreement 8 City Attorney Review and approve insurance in PINS, and bonds Z JZ.Z D - (for Public Works Contracts) kit I� 9 City Manager/ Mayor Agreement executed by City Council authorized n �e7 �j V� official Attest signatures, retains original agreement and el 10 City Clerk forwards copies to Project Manager