HomeMy WebLinkAboutPW Fire Station 55 ProjectCITY OF SAN RAFAEL
Department of Public Works
111 Morphew Avenue
San Rafael, CA 94901
Public Works Contract for Projects up to $175,000
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
Hardi man Construction, Inc. DSA Trenchless Titan ("Contras or"), a California Corporation, for work on
the City's Fire Station 55 ("Project"), and is effective on , 2g;�XEffective Date").
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies,
transportation, and any and all other items or services necessary to perform and complete the work
required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms
and conditions of this Contract, including all attachments to the Contract and any other documents and
statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or
are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This
Project requires a valid California contractor's license for the following classification(s): A
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Notice Inviting Bids;
2.2 Contract;
2.3 Addenda, if any;
2.4 Exhibit A— Scope of Work;
2.5 Exhibit B — Payment, Performance, and Bid Bonds;
2.6 Exhibit C — Noncollusion Declaration;
2.7 Exhibit D — Bid Schedule;
2.8 Exhibit E — Subcontractor List.
3. Contract Price. As frill 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 $27,650 (the "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 contained herein.
3.1 Payment. Contractor must submit an invoice on the first day of each month during the
Contract Time, defined in Section 4 below, and/or upon completion, for the Work performed during the
preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor
warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of
any claims, liens, or encumbrances upon payment to Contractor.
3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor
must provide City with a payment bond and a performance bond using the bond forms included in this
Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must
be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent,
Contractor must provide a substitute bond from a surety acceptable to City within seven days after written
notice from City. If Contractor fails to substitute an acceptable surety within the specked time, City may,
in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's
expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Page 1
Approved by City Attomey, dated 03/28/2022
4. Time for Completion. Contractor will fully complete the Work within 6 months from the date the
City authorizes Contractor to proceed with the Work ("Contract Time").
5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay
in completion.
6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael_ Contractor must promptly correct, at
Contractor's sole expense, any Work that the City determines is deficient or defective.
7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the
term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
required California contractor's license and a City business license.
8. Indemnification. 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 (the "Indemnitees") 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 the
acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing
the Work of failing to comply with any obligation of Contractor under this Contract, except such Liability
caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. 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.
9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
required in this section to cover the activities of Contractor and any subcontractors relating to or arising
from performance of the Work. Each policy must be issued by a company licensed to do business in
California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor
must provide City with certificates of insurance and required endorsements as evidence of coverage with
the executed Contract, or through the PINSAdvantage website httos://www.ojnsadventa-ge. orn! upon
request by the City, and before the City authorizes Contractor to proceed with the Work.
9.1 Workers' Compensation. Statutory coverage is required by the California Workers'
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis,
including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in
performing the Work, including Contractor's protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer's non -ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired
vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury,
death, or property damage.
9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City's insurers.
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Page 2
Approved by City Attomey, dated 03/28/2022
9.5 Required Endorsements. The CGL policy and the automotive liability policy must include
the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, "Additional Insured") must be named as an additional insured for all
liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
(2) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss ("primary and non-contributory").
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City's own insurance or self-insurance will be called upon to protect it as a
named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers' compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a
legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum
of $25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specked in Exhibit A or
authorized in writing by City.
10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records
in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Page 3
Approved by City Attomey, dated 03/28/2022
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations.
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 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 1 will comply with such provisions before
commencing the performance of the Work on this Contract."
12. Termination.
12.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specked in the notice;
comply with City's instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
12.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the
dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are
incorporated by reference.
14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as
complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Page 4
Approved by City Attomey, dated 03/28/2022
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
16. Worksite Conditions.
16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in
a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must
remove and properly dispose of debris and waste materials from the Work site.
16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.
16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the
Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the
asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work
in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area
affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous
materials may be used in performance of the Work.
16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if,
during the performance of the Work, Contractor discovers utility facilities not identified by City in the
Contract documents, Contractor must immediately provide written notice to City -and the utility. In
performing any excavations or trenching work, Contractor must comply with all applicable operator
requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends
deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.
17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a
separate set of as -built drawings while the Work is being performed, showing changes from the Work as
planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be
updated as changes occur, on a daily basis if necessary.
18. 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
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 at seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
19. Non -Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes
of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright
Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor,
without further acknowledgement by the parties.
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Page 5
Approved by City Attomey, dated 03/2812022
22. 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 (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
City:
Address:
111 Morphew Street
City/StatefZip:
San Rafael, CA 94901
Phone:
415-485-3435
Attn:
Fabiola Guillen
Email:
fabiolag@cityofsanrafael.org
Contractor:
Name:
Hardiman Construction
Address:
3 Heather Way
City/State/Zip:
Larkspur; CA 94939
Phone:
415-924-2555
Attn:
Gerry Hardiman
Email:
hardimanconst@pacbell.net
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
23.3 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.
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California law and -venue
will be in the Superior Court of Marin County, and no other place.
23.6 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.
23.7 Integration; Severability. 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. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect
23.8 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
Fire Station 55 Up to $175,000 Contract
City Project M 11395-01 Page 6
Approved by City Attorney, dated 03/28/2022
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
ISignatu es are on the following page.]
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Page 7
Approved by City Attorney, dated 03/2812022
The parties agree to this Contract as witnessed by the signatures below:
CITY: ^� Approved—as to form:
JIM CHU Z, City Ma ager ROBERT F. EPSTEIN, City A orney
Date: 2 Date:J . k u
Attest:-fy-
LINDSAY LARA, ClClerk
Date:
CONTRACTOR: _�,(M_ �Y ►SY�JL�ii LL}1�I_��.r
Business Name
S/ Seal:
Name/Title
Date: o^l 01
sl
Namelritle
Date:
DLQ�ig1 a)1 aC)y
Contractor's California License flu er(s) and Expiration Date(s)
Exhibit A: Scope of Work
Exhibit B: Bond Forms
Exhibit C: Noncollusion Declaration
Exhibit D: Bid Schedule
Exhibit E: Subcontractor List
Fire Station 55
City Project #: 11395-01
END OF CONTRACT
Approved by City Attomey, dated 03/28/2022
Up to $175,000 Contract
Page 8
Exhibit A
SCOPE OF WORK
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Scope of Work
Approved by Cily Attorney, dated 03/28/2022
HA"K>1MAN 4= C> p ../ Exhibit
R ENCHLESs%IITAN
June 8, 2022 PAGE 1 OF 3
CUSTOMER NAME:
PROJECT ADDRESS:
City of San Rafael
Fire Station No. 55
Attn: Faby Guiolen
955 Point San Pedro Road
fabiolag@cityofsanrafael.org
San Rafael, CA 94901
415-720-9588
PROPOSAUCONTRACT
Hardiman Construction/Trenchless Titan (HCTT) will furnish labor, material and equipment to complete the following work for the
property located at 955 Point San Pedro Road per the "Scope" below. All work will be completed in a workmanlike manner,
according to standard building practices and in compliance with the applicable sanitary district's specifications. Contractor and
Owner agree that the following scope of work be performed:
Scone of Work for the Sum of .$27.650,00:
1. Install a new two-way cleanout and backflow prevention device approx 30' downstream of the new building.
2. Install a secondary two-way cleanout within an appropriate distance of the sewer main.
3. Replace the existing 4" sewer lateral pipe and upsize with new 6" HDPE pipe from the location of the existing check valve approx
30' downstream of the new building to the sewer main/rod hole approx 193' long via the pipe bursting and open trench
methods; includes reconnecting the sewer pipe serving the temporary office.
4. Backfill the excavations and restore the site; includes standard concrete/asphalt restoration as necessary.
5. Obtain the necessary standard sanitary district sewer permit and City/County encroachment permit: HCTT pays up to $250.00 for
the sanitary district sewer permit, up to $350.00 for the City/County encroachment permit; any balance over the allotment will
be billed at final invoice. No credits for fees not paid or permits not obtained.
Note: Although HCTT is experienced in concrete excavation/restoration, HCTT is not a concrete specialist. Owner is encouraged to
contract a concrete specialist at their own expense should there be existing concrete that requires special attention.
"After excavating and exposing the wye/connection to the sewer main and/or common lateral, it may require the installation of a new wye or
stainless steel clamp: a new 4"X 4" wye will result in an additional $650.00 charge, a new 6"X 4" wye will result in an additional $950.00 charge,
a new 8"X 4" wye will result in a $950.00 charge, a new 6"X6" wye will result in a $1,250.00 charge, a 8"X6" wye will result in a $1,550.00 charge
and a VX 4" SS clamp will result in a $1,150.00 charge. The applicable fee will be charged to the homeowner without prior consent; homeowner
understands and agrees to the possibility of the requirement and the charge.
A $1,500.00 deposit/mobilization/demobilization fee to be made to HARDIMAN CONSTRUCTION upon acceptance of Contract and prior to
commencement of work. Upon completion of authorized, approved and performed work, the balance of the Contract amount is to be paid to
HARDIMAN CONSTRUCTION, INC. In full via cash, check, or money order. If payment is not made within 5 days of completion HCTT may charge
Interest and late penalties allowed by law. An Invoice for any additional charges/fees will be sent separately. A PAID receipt will be provided
upon payment In full. Refunds due to cancellation will be less fees charged or retained by the City, County or Sanitary District for permits plus a
25% administration fee to HCTT.
"*NOTE: IF CUSTOMER EXPERIENCES ISSUES THAT COULD BE CAUSED BYTHE INSTALLATION OFTHE SEWER LATERAL PIPE; CUSTOMER AGREES TO CONTACT HCTT
AT 415-924-2555 OR 415-847-0010 (CALL/TEXT) FIRST TO DETERMINE iF THE ISSUE WAS CAUSED BY THE INSTALLATION OF THE PIPE; HCTT WILL NOT BE
RESPONSIBLE OR LIABLE SHOULD THE CUSTOMER CONTRACT WITH ANOTHER CONTRACTOR AND WILL NOT BE RESPONSIBLE FOR REIMBURSEMENT OF PAYMENT
TO SAID CONTRACTOR; HCTT IS TO BE HELD HARMLESS FROM ANY AND ALL LIABILITY ARISING FROM FEES AND WORK PERFORMED BY OTHERS.
"NOTE: A typical sewer lateral Install should take approximately 2-7 business days to complete and due to unforeseen circumstances could take longer.
*NOTE. HCTT requires access to the work area for the duration of the projectfor parking construction vehicles/equipment and delivery/storage of materials, as
well as an adequate water supply on or adjacent to the property and a sufficient and reliable electrical power source to perform the installation and perform site
restoration at no charge to contractor. Arranging parking/storage and water/electrical for the project is the responsibility of the homeowner/client.
'NOTE: Homeowner is to clear/remove plants/trees and personal items/debris from the work area upon execution of the Contract and prior to commencement of
work. If site conditions are notsuitable for the Install, HCrT will remove necessary items, this may result in additional charges based on time and material at a rate
of $453.35/hr and will be held harmlessfrom any/all liability due to damage or loss.
"NOTE: Delays by Owner or others in the progress of the project will result In additional charges and billed on a time and material basis at the rate of $453.35/hr.
*NOTE. Insurance: Owner will carry all necessary COC, fire, flood and all related homeowner insurance.
Contractor Signature: 1`
Thomas Hardiman
DATE:: SIGNATURE:X
hardimanconst@pacbell.net 3 Heather Way, Larkspur, CA 94939 415-924-2555 415-924-0155 FAX wwwTrenchiessTitan.com CSL#1065111
June 6, 2022 PAGE 2 OF 3
CUSTOMER NAME:
City of San Rafael
PROJECT ADDRESS:
Fire Station No. 55
955 Point San Pedro Road
San Rafael, CA 94901
'NOTE., In the event suitshould be brought to enforce any provisions hereunder or monies due for additional work performed, by either party, the prevailing party
shall be entitled to collect costs incurred in connection with such action, Including a reasonable attomey's fee.
'NOTE: Because sewer pipe is an underground utility, connections to the lateral may b e missed and/or not identifled for various reasons Including but not
limited to debris, roots, bends, sags, scaling and water. If this occurs, HCTT Is to be held harmless from any and all liability, Including repairs, arising from the
missed connection. HCTTmay charge a time and material fee of $453.35/hour or provide a lump sum bid to remedy any situation that occurs from missed
connections.
"NOTE. ANY DRAINAGE CONNECTIONS TO THE SEWER LATERAL PIPE WILL BE DISCONNECTED PER SANITARY DISTRICT REQUIREMENTS, IT IS THE CUSTOMER'S
RESPONSIBILITY TO REDIRECT AND/OR CONNECT THE DRAINAGE TO OTHER MEANS. HCTT IS TO BE HELD HARMLESS FROM ANYAND LIABILITYARISING FROM ANY
AND ALL DRAINAGE ISSUES CAUSED BY DISCONNECTING THE DRAINAGE PIPES. UPON REQUEST, HCTT WILL SUBMIT A PROPOSAL TO REROUTEAND/OR CONNECT
THE DRAINAGE PIPE(S) TO OTHER MEANS.
• NOTE: If this Contract is not signed and received by HCTT within 15 days of the above date, HCTT retains the right to increase the bid or withdraw the
Proposal/Contract.
*NOTE. Customer is the some as client, owner, homeowner and/or contractor.
Caartractor Excl}Isions and Customer/Cllent/Hofrleowner/Owner Respo_rlsihilities:
1. All plans, permits, engineering revisions, testing, observation, fees, bonds or survey work, encroachment permit/encroachment permit bonds or deposits,
moratorium or street bonds/permits, special/additional permits and special inspections.
2. Relocation, removal or work on any utilities of any kind. NOTE: If water/utility lines are in close proximity of the sewer lateral pipe they can be disturbed In the
sewer pipe installation process, HCTT is to be held harmless from any and all issues resulting in the Installation of the sanitary sewer lateral pipe.
3. If concrete/rock Is encountered while excavating or the existing sewer lateral pipe or sewer main is encased in concrete or has been backfilled with pea gravel,
an additional fee will be charged to the client/homeowner on a time and material basis at a rate of $453.35/hr. Said fee will be Incurred from the time
jackhammering/removal begins until the lateral/main has been exposed. Concrete will be restored If applicable. The final invoice will reflect the charge.
4. Any unforeseen circumstances (including rock, concrete, utilities) that significantly change the scope of work will be charged as extra work and additional fees
charged; homeowner Is aware of this and agrees to pay the applicable extra fee of $453.35 per hour for extra work performed.
5. HCTT makes every effort to identify all connections on the existing lateral. If connections are found or identified during excavation/installation, HCTT will make
the connection or Install the additional lateral to bring the sewer into compliance per the sanitary district's code for an additional charge. This fee will be
changed on a time and material basis at $453.34 per hour. This charge will be reflected on the final invoice. NOTE: If connections or secondary laterals are
identified after HCTT has completed their original scope of work, customer hereby holds HCTT harmless from any and all damages and liability arising from the
missed connections)/lateral(s).
6. If the dwelling has an asphalt, concrete, tile, brick, rock, special material, etc driveway, path, patio, wall, stairs etc, the sewer lateral pipe may run under,
through or around said "structure". During the course of construction the removal of the "structure" or a portion of the "structure" may be necessary.
Homeowner is advised that HCTT, when applicable, will pour new concrete/rock/tile that may not match the existing when replaced and/or that HCTT will
re -use existing material for re -installation of tile/brick/wood, etc. A pavement/ac patch will be installed and may not match the existing; special materials, rock
and tile will be the responsibility of the homeowner. Homeowner is aware that a qualified contractor in the applicable field should be hired at their own expense
to replace/relnstall and/or protect the material of any and all "structures" upon execution of the Contract and before work begins. HCTT is to be held harmless
from any and all liability resulting In the removal and/or replacement or damage of said driveway, paths, patios, walls, stairs etc.
7. Any and all deck/porch/wood/fence or synthetic board removal and replacement of any kind is to be done by others, if not done by others upon acceptance of
the Contract or prior to the sewer lateral pipe installation HCTZ' will remove and replace the material during the course of construction and will reuse the
existing material. HCTT will not be held liable for the condition/damage of the material once removed and re installed and is hereby held harmless from any and
all removal and replacement of said material.
8. During the course of construction/installation of the sewer lateral pipe, there may be unavoidable/unforeseen damage, including but not limited to
lifting/buckling and/or cracking (concrete, stone or asphalt driveway, path, patio, etc) or oil/dirt/mud or rock splatter during construction excavation that may
result in walls/tile/doors/fences/pathways/driveway/street etc getting dirty/damaged/cracked; HCTT will make every effort to prevent such damage.
Homeowner hereby holds HCTT harmless from any and all liability for any damages and/or liability of said damage/liking/splatter.
9. If the sewer main is three or less feet deep, the specifications of the sanitary district require that a concrete cap is installed on the portion of
lateral pipe in the street (curb to the main); this will result in additional charges that can exceed $3,000.00. HCTT is subject to the direction of the inspector
from the sanitary district and may have to perform unforeseen work that may result in additional charges; homeowner is aware and will be charged accordingly.
10. If landscaping Is disturbed/damaged, HCTT will replace it using the existing material; HCTT does not guarantee that the grass/shrubs/bushes/turf, etc will
survive the replanting of said material or appear as it did prior to construction. Artificial grass/turf or any artificial landscape material will be removed and
replaced by others. HCTT is to be held harmless should any of the disturbed landscaping/grass/shrubs/bushes, etc. not live after the replanting/installation or
appear as it did prior to the sewer Installation/construction. It is the Homeowner/Client responsibility to keep the removed landscaping alive/protected for
replanting.
END OF PAGE 2 OF 3
DATE::;
SIGNATURE:.':
hardimanconst@pacbell.net 3 Heather Way, Larkspur, CA 94939 415-924-2555 415-924-0155 FAX www.TrenchiessTitan.com CSL13N1065111
June 6, 2022 PAGE 3 OF 3
CUSTOMER NAME:
City of San Rafael
PROJECT ADDRESS:
Fire Station No. 55
955 Point San Pedro Road
San Rafael, CA 94901
Contractor Exclusions and Customer/Client/Homeowner/owner Responsibilities fcoof&
11. Homeowner is to remove any above -ground and mark any under -ground utilities, sprinklers and irrigation systems as well as any other pipes/wires/structures
that may be in the work area prior to construction and upon acceptance of the Contract; If said systems/pipes/wires/structures are not removed/marked and
are damaged or broken during the course of construction HCTT is to be held harmless from any/all liability and damage. Homeowner Is responsible for any
repairs/replacement of such systems/sprinklers/plpes/wires/structures and any damages caused as a result of the unmarked utilities and irrigation systems etc.
Homeowner is responsible to pay for any damage and repairs at their own expense.
12. Any/All markings, including USA paint marks, made by HCTT or any other utility company will be the responsibility of the homeowner to remove; HCiT will not be
responsible or liable for the removal of the markings and will be held harmless for the removal of same. HCTT may charge a minimum of $453.35/hour for the
removal of the marks/paint
13. Homeowner is advised that pavement/concrete restoration in the street is not part of the sewer/plumbing permit specifications and agrees to make payment to
HCTT in full upon completion of the sewer lateral installation; Street pavement/concrete restoration should be completed within six to twelve months of the
signed off sewer/plumbing/building permit and is the responsibility of HCTT to adhere and complete the encroachment permit specifications and requirements.
Restoration is done periodically therefore time/day notice will not be given to the homeowner. HCTT will perform the restoration when their schedule permits.
Homeowner understands and accepts this and holds HCTT harmless from any and all liability that may result in the pavement/concrete restoration in the street
when performed.
14. An additional fee will be charged to homeowner if the subject property is found to be on a moratorium street or a street requiring pavement restoration larger
than the dimensions of the actual trench (approx.4'X4' or 16sf) and/or CalTrans Type II Micro Seal or special slurry seal coating per the County/City/Town
requirements. HCTT's Contract includes a maximum of 1 hour for a 16sf pavement restoration at $453.35/hr. The additional pavement restoration will be billed
to the homeowner once pavement restoration is completed on a time and material basis for the sum of $453.35/hour. . Homeowner is advised that pavement
restoration can take up to six months to complete and agrees to make payment as specified. A separate invoice for the pavement restoration may be provided.
15. If the sewer lateral of the subject property enters, runs through, or ends in a neighboring property it is the client/homeowner's/property owner's responsibility
to obtain permission from said neighbor upon acceptance of the Contract, to gain access to the work area and holds HCTT harmless from any and all liability
(including legal defense) that may result from entering the property or performing work on said property, including the sewer lateral installation, potholing,
landscaping, Irrigation and other construction activities. If neighbor(s)/person(s) file a claim with HCTT's insurance for damages of any kind, client/homeowner/
property owner will reimburse HCTT the amount of the claim paid to the neighbors within 20 days of the date that the claim Is paid, including legal defense
and any fees.
16. Should the subject sanitary sewer lateral pipe have a sag(s) that are not corrected during the trenchless process it is possible that the sag(s) will have to be
repaired via the open trench method and additional charges incurred on a time and material basis. Homeowner Is advised and understands that there is a
possibility that additional charges may be incurred and reflected on the Invoice on a time and material basis at a rate of $453.35/hour.
17. To ensure that there is adequate space to perform the sewer lateral installation, personal vehicles should be parked away from the project site and should
not be parked on or around the work area (street, driveway, etc); vehicle/property owner holds HCTT harmless from any and all liability that may arise from
all possible damage done to all vehicles when parked near the construction site.
18. During the course of construction, the discovery of an acceptable cleanout/backflow prevention device and/or section of existing sewer lateral pipe or material
may be found. HCTT at Its discretion will connect the new sewer pipe to the existing acceptable pipe; homeowner is aware of this possibility and that no
adjustments will be made to the Contract price.
19. Under certain circumstances, there may be times when HCTT will require that the toitets/sinks/utilities not be used for a period of time and may have to shut off
water/electric. When this occurs, HCTT Is to be held harmless from any an all liability that the situation may cause; Any/all damages are the responsibility of the
homeowner.
20. HCTT is to be held harmless from any and all liability arising from damage to retaining walls where concrete is encasing or on top of the sewer lateral pipe.
21. HCTT will not be responsible for any and all erosion protection, diversion of water, plastic sheeting, hay bales, etc.
END OF PAGE 3 OF 3
OWNER HAS READ, APPROVED AND ACCEPTS THE TERMS OF THIS THREE PAGE PROPOSAL/CONTRACT: The price, conditions, specifications and
exclusions are satisfactory and are hereby accepted. HCTT is hereby authorized to perform the work as specified.
Owner Signature.A
Billing Address::.
Print Name:
Email::�
hardimanconst@pacbell.net 3 Heather Way, Larkspur, CA 94939 415-924-2555 415-924-0155 FAX www.TrenchiessTitan.com CSLB#1065111
Exhibit B
BOND FORMS
Required_ for contracts over $25,000.
Fire Station -55 Up to. $175,000 Contract
City Project #: 11395-01 Bond Forms
Approved by City Attomey, dated 03128/2022
Payment Bond
City of San Rafael ("City") and Hardiman Construction, Inc. DBA Trenchless Titan ("Contractor")
have entered into a contract, dated -,20 ("Contract") for work on the Fire
Station 55 ("Project"). The Contract is incorporated by reference into this Payment Bond
("Bond").
1. General. Under this Bond, Contractor as principal and
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ , 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:
Address:
City/State/Zip:
Phone:
Fax:
Emait:
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.
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Payment Bond
Approved by City Attomey, dated 03/28/2022
Effective Date; Execution. This Bond is entered into and is effective on
20_ Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
S/
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/
ROBERT F. EPSTEIN, City Attorney Date
END OF PAYMENT BOND
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Payment Bond
Approved by City Atlomey, dated 03/28/2022
Performance Bond
City of San Rafael ("City") and Hardiman Construction, Inc. DBA Trenchless Titan ("Contractor") have
entered into a contract, dated 20_ ("Contract") for work on the Fire Station 55
("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond").
1. General. Under this Bond, Contractor as Principal and , its
surety ("Surety"), are bound to City as obligee for an amount not less than $
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 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 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.
S. 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:
Fire Station 55
City Project M 11395-01
Approved by City Attomey, dated 03/28/2022
Up to $175,000 Contract
Performance Bond
Attn:
Address:
City/State/Zip:
Phone:
Fax:
Email:
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 Marin County, and no other place. Surety will be
responsible for City's attomeys' 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
20_ Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
s/
Name/Title
sl
Name/Title
APPROVED BY CITY:
s/
ROBERT F. EPSTEIN, City Attorney Date
Fire Station 55
City Project #: 11395-01
END OF PERFORMANCE BOND
Approved by City Attomey, dated 03/28/2022
Up to $175,000 Contract
Performance Bond
Bid Bond
("Bidder") has submitted a bid,
dated 20 ("Bid"), to the City of San Rafael ("City") for work on
the ("Project"). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and
, its surety ("Surety"), are bound to City as obligee in the penal sum
of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves
and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as
follows:
General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with
City in accordance with the terms of the Bid.
2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must
submit to City the following:
2.1 Contract. The executed Contract, using the form provided by City in the Project contract
documents ("Contract Documents");
2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a
surety licensed to do business in the State of California using the Payment Bond form
included with the Contract Documents;
2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price,
executed by a surety licensed to do business in the State of California using the Performance
Bond form included with the Contract Documents; and
2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract
Documents, and any other documents required by the Instructions to Bidders or Notice of
Award.
3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance
certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond
Sum to City. Any notice to Surety may be given in the manner specified in the Contract and
delivered or transmitted to Surety as follows:
Attn:
Address:
City/State/Zip:
Phone:
Fax:
Email:
4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation
will be null and void; otherwise it will remain in full force and effect for 60 days following the bid
opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the
provisions of Civil Code §§ 2819 and 2845.
Fire Station 55
City Project* 11395-01
[Signatures are on the following page.]
Approved by City Attomey, dated 3/28/2020
Up to $175,000 Contract
Bid Bond
This Bid Bond is entered into and effective on --.20-.
SURETY:
Business Name
s/
Date
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
BIDDER:
Business Name
s/
Date
Name, Title
Fire Station 55
City Project #: 11395-01
END OF BID BOND
Approved by City Attorney, dated 3/28/2020
Up to $175,000 Contract
Bid Bond
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the [title] of „_,
[business name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in
a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to
any corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or
entity for such purpose.
This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 §
112.
1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on [date], at
[city], [state].
Name [print]
Fire Station 55
City Project #: 11395-01
END OF NONCOLLUSION DECLARATION
Approved by City Attomay, dated 312812022
Up to $175,000 Contract
Noncollusion Declaration
Exhibit D
BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total
Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.)
BID
ITEM UNIT EXTENDED
NO. ITEM DESCRIPTION EST. QTY. UNIT COST TOTAL AMOUNT
TOTAL BASE BID: Items 1 through inclusive:
Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in
Section 9 of the Bid Proposal form.
Fire Station 55 Up to $175,000 Contract
City Project* 11395-01 Bid Schedule
Approved by City Attorney, dated 3/28/2022
This Bid Proposal is hereby submitted on
S/
s/
Company Name
Address
City, State, Zip
Contact Name
20_
Name and Title
Name and Title
License #, Expiration Date, and Classification
DIR Registration #
Phone
Contact Email
Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued
for this Bid. Bidder waives any claims it might have against the City based on its failure to receive,
access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following
addenda:
Addendum: Date Received: Addendum: Date Received:
#01 #05
#02 #06
#03 #07
#04 #08
Fire Station 55
City Project #: 11395-01
END OF BID SCHEDULE
Approved by City Attomey, dated 312812022
Up to $175,000 Contract
Bid Schedule
Exhibit E
SUBCONTRACTOR LIST
For each Subcontractor that will perforin a portion of the Work in an amount in excess of one-half of 1 %
of the bidder's total Contract Price, t the bidder must list a description of the Work, the name of the
Subcontractor, its California contractor license number, the location of its place of business, its DIR
registration number, and the portion of the Work that the Subcontractor is performing based on a
percentage of the Base Bid price.
DESCRIPTION SUBCONTRACTOR CALIFORNIA LOCATION OF DIR REG. NO. PERCENT
OF WORK NAME CONTRACTOR BUSINESS OF
LICENSE NO. WORK
END OF SUBCONTRACTOR LIST
' For street or highway construction this requirement applies to any subcontract of $10,000 or more.
Fire Station 55 Up to $175,000 Contract
City Project* 11395-01 Subcontractor List
Approved by City Attomey, dated 3/28/2022
Premium is for contract term and is subject to adjustments based on final contract price
Premium: $553.00
Issued in Triplicate Original Bond No : ES00011611
Performance Bond
City of San Rafael ("City") and Hardiman Construction, Inc. DBA Trenchless Titan ("Contractor") have
entered into a contract, dated , 20 22 ("Contract") for work on the Fire Station 55
("Project") The Contract is incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and Everest Reinsurance Company , its
surety ("Surety"), are bound to City as obligee for an amount not less than $ ' ($27,650.00)
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 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 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.
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:
* Twenty -Seven Thousand Six Hundred Fifty and 00/100 Dollars
Fire Station 55
City Project #: 11395-01
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Performance Bond
Attn: Claims Everest Reinsurance Company
Address: 100 Everest Wav, Warren Corporate Center
City/State/Zip: Warren. NJ 07059
Phone: 908-604-3000
Fax: 908-604-3322
Email: kevin chambers(a)everestre com
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 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.
8. Effective Date; Execution. This Bond is entered into and effective on June 23
20 22 . Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Everest Reinsurance C
Business Name
s/
Kathleen Le. Attornev-In-Fact
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Hardiman Construction. Inc. DBA Trenchless Titan. Inc
Business Name
s/
Name/Title
s/
Name/Title
APPROVED BY CITY
S/LL
�� - �P 1� I �/ �q,
ROBE T F. EPSTEIN, City Attorney Date
Fire Station 55
City Project* 11395-01
END OF PERFORMANCE BOND
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Performance Bond
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento }
On June 23, 2022 before me, Mary Ellen Collins, Notary Public
(insert name and title of the officer)
personally appeared Kathleen Le ,
who proved to me on the basis of satisfactory evidence to be the person($} whose name(s4 is/afe
subscribed to the within instrument and acknowledged to me that ire/she/thw executed the same in
4is/her/theif authorized capacity(+es} and that by #+s/her/ signature(o on the instrument the
person(s, or the entity upon behalf of which the persons} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
MARY ELLEN COLLINS
r NOTARY PUBLIC - CALIFORNIA
WITNESS my hand and official seal. SOACRAMENTO COUNTY -
My Comm. Exp November 19, 20241.
Signature
(Seal)
Z—VE R E.S'C
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:
Elizabeth Collodi, John Hopkins, John J Weber, Joseph H. Wfeber, Renee Ramsey, Sara Walliser, Mindy Whitehouse,
Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Faster, Tony Clark, Mary Collins, Kristie Phillips
Claudine Gordon, Michael K Feeney, Samantha Watkins, Phil Watkins, Brad Espinosa, Puala Senna, Pam Sey,
Breanna Bdatright and Kathleen Le
its true and lawful Attorney(s)-in-fact to make,'execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company ("Board") on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co -surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
sural,CIS
Everest Reinsurance Company
� ' `8apar�grF 8
SEAL
W 1973
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C,
*
Attest: Nicole Chase, Assistant Secretary
By: Anthony Romano, Vice President
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above
instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736 / )
Qualified in Queens County V
le—
Term
e –Term Expires April 25, 2023
Linda Robins, Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 23rd day
of June 202_.
cS 00 01 04 16
Premium is included in the Performance bond and is subject to adjustments based on final contract price
Issued in Triplicate Original Bond No.: ES00011611
Payment Bond
City of San Rafael ("City") and Hardiman Construction, Inc. DBA Trenchless Titan ("Contractor")
have entered into a contract, dated , 20 22 ("Contract") for work on the Fire
Station 55 ("Project"). The Contract is incorporated by reference into this Payment Bond
("Bond").
General. Under this Bond, Contractor as principal and Everest Reinsurance Company
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ " (327.650.00) 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 Everest Reinsurance Comoan
Address: 100 Everest Way, Warren Corporate Center
City/State/Zip: Warren NJ 07059
Phone: 908-604-3000
Fax: 908-604-3322
Email: kevin.charnbers@7a everestre com
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.
* Twenty -Seven Thousand Six Hundred Fifty and 00/100 Dollars
Fire Station 55 Up to $175,000 Contract
City Project #: 11395-01 Payment Bond
Approved by City Attorney, dated 03/28/2022
7. Effective Date; Execution. This Bond is entered into and is effective on June 23
2022. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY. Everest Reinsurance Compan
Business Name
Kathleen Le, Attorney -In -Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Hardiman Construction_ Inc_ DBA Trenchless Titan Inc
Business Name
t r
sl
Name/Title
s/
Name/Title
APPRQVED BY CITY:
s/ "lN l.,
(� � 11 Q,Q,Cp
ROBEKT F. EPSTEIN, City Attorney
Fire Station 55
City Project #: 11395-01
END OF PAYMENT BOND
Approved by City Attorney, dated 03/28/2022
/7 /)Z;Z
Date
Up to $175,000 Contract
Payment Bond
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 Sacramento )
On June 23 2022 before me, Mary Ellen Collins, Notary Public
(insert name and title of the officer)
personally appeared Kathleen Le
who proved to me on the basis of satisfactory evidence to be the person( - whose name(e4 is/afe
subscribed to the within instrument and acknowledged to me that he/she/" executed the same in
#+s/her/tIi& authorized capacity(+es)-, and that by #+s/her/th& signature(o on the instrument the
person(s*, 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.
Signature
(Seal)
MARY ELLEN COLLINS
�,. NOTARY PUBLIC -CALIFORNIA
chi .,I COMMISSION # 2337700
SACRAMENTO COUNTY
i My Comm. Exp November 19, 2024f
W
ZVE R F.S\c
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:
Elizabeth Collodi, John Hopkins, John J. Weber, Joseph H. Weber, Renee Ramsey, Sara Walliser, Mindy Whitehouse,
Jennifer Lakrmnn, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster, Tony Clark, Mary Collins, Kustie Phillips,
Claudine Gordon, Michael K Feeney, Samantha Wbtldns, Phil Watkins, Brad Espinosa, Puala Senna, Pam Sey,
Breanna Boatright and Kathleen Le
its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorneys) -in -fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal,
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company ("Board") on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co -surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above
instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens Countyr—
Term Expires April 25, 2023
Linda Robins, Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 23rd day
of, June_ 202.
ri0'0010416
Everest Reinsurance Company
LM
U'SEAL
Attest: Nicole Chase, Assistant Secretary
By: Anthony Romano, Vice President
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above
instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens Countyr—
Term Expires April 25, 2023
Linda Robins, Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 23rd day
of, June_ 202.
ri0'0010416
RAP
7
s o
rfr� 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 Faby) Extension: 3352
Contractor Name: Hardiman Construction
Contractor's Contact: Gerry Hardiman Contact's Email: hardimanconst@pacbell.net
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DEPARTMENT
1 Project Manager
2 City Attorney
3
5
I
16
DESCRIPTION
a. Email PINS Introductory Notice to Contractor
�OMPLETED REVIEWER
DATE Check/Initial
Click here to ❑
enter a date.
b. Email contract (in Word) and attachments to City 6/16/2022
Attorney c/o Laraine.Gittens@cityofsanrafael.org
a. Review, revise, and comment on draft agreement 6/16/2022
and return to Project Manager 6/16/2022
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
Department Director Approval of final agreement form to send to
contractor
Project Manager Forward three (3) originals of final agreement to
contractor for their signature
Project Manager When necessary, contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
$75,000; and for Public Works Contracts that exceed $175,000
PRINT
Project Manager
7 [!�ityAttorney
8 City Attorney
9 City Manager/ Mayor
10 City Clerk
Date of City Council approval
CONTINUE ROUTING PROCESS WITH HARD COPY
Forward signed original agreements to City
_Attorney with printed copy of this routing form_
Review and approve hard copy of signed
agreement
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
Agreement executed by City Council authorized
_ official
Attest signatures, retains original agreement and
forwards copies to Project Manager
6/21/2022
6/21/2022
❑X N/A
Or
Click here to
enter a date.
❑X AD
® GC
❑ GC
® BG
❑X
X❑
7/11/2022 1 AD