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HomeMy WebLinkAboutPW Canal District Double Fiberized ResurfacingCITY OF SAN RAFAEL Department of Public Works 111 Morphew Street San Rafael, CA 94901 Public Works Contract for Projects up to $200,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and VSS International, Inc. ("Contractor"), a corporatio , for work on the City's Canal District Double Fiberized Resurfacing ("Project"), and is effective on 2W"Effective 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): C-12 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 f3i�cisv. 2.6 Exhibit C — Noncollusion Declaration; 2.7 Exhibit D— W (Pt 2.8 Exhibit E — Sri W [N 3. Contract Price. 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 $167,047.85 (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 specified 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. Canal District Double Fiberized Resurfacing Up to $200,000 Contract Page 1 Approved by City Attorney, 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 https://www.pinsadvantage.com/ 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. Canal District Double Fiberized Resurfacing Up to $200,000 Contract Page 2 Approved by City Attorney, 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 specified 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 Canal District Double Fiberized Resurfacing Up to $200,000 Contract Page 3 Approved by City Attorney, 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 I 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 specified 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 Canal District Double Fiberized Resurfacing Up to $200,000 Contract Page 4 Approved by City Attorney, 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 et 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. Canal District Double Fiberized Resurfacing Up to $200,000 Contract Page 5 Approved by City Attorney, dated 03/28/2022 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/State/Zip: San Rafael, CA 94901 Phone: (415) 485-3409 Attn: April Miller, Public Works Director Email: April.Miller@cityofsanrafael.org Contractor: Name: VSS International, Inc. Address: 3785 Channel Drive City/State/Zip: West Sacramento, CA 95691 Phone: (916)373-1500 Attn: Jon James Email: jon.james@slurry.com 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 Canal District Double Fiberized Resurfacing Up to $200,000 Contract 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. [Signatures are on the following page.] Canal District Double Fiberized Resurfacing Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Page 7 The parties agree to this Contract as witnessed by the signatures below: CITY: ) sl I' C R I S ALILOVICH, City Manager Date: Attest: LINDSAY LA A, City Clerk j Date: CONTRACTOR: VSS International, Business Name Inc. Appr)4vAd as to ROBERI)K EP�SnTE�INV,,jCity Attorney Date: s/ Seal: Jeff Roberts I Senior Vice President Name/Title Date: 6/1 /2023 s/ Jordan X. R Name/Title If I Secretary / Treasurer Date: 6/1 /2'023 %9 A G C I3 3t ZS Contractor's alifornia Lic nse Number(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 END OF CONTRACT Canal District Double Fiberized Resurfacing Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Page 8 Exhibit A SCOPE OF WORK Canal District Double Fiberized Resurfacing Up to $200,000 Contract Scope of Work Approved by City Attorney, dated 03/28/2022 Exhibit A qwmm 111TERr1AT1011AI- Bid Date: 2/13/2023 Estimator: Jon James Project Name: Double Fiberized Resurfacing Email: jon.james@slurry.com Project City: San Rafael Phone: (916) 416-6061 Project State: CA DIR #: 1000001231 ITEM # DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1 Mob LS 1 $ 7,500.00 $7,500.00 2 Double Fiberized Resurfacing T2 Fiber over T3 Fiber SF 110.033 $ 1.45 $159,547.85 $0.00 $0.00 $0.00 Note: Includes local water source. If VSS has to secure water other than local source owner to pay $2500 $187,047.85 INCLUSIONS: 1 Mobilization, additional mobilizations at $15,000 Pre -Cleaning by sweeper only, additional cleaning by change order Traffic control for VSS work only (Maximum of 2 Technicians, excluding pilot car), based on 'temporary' full road closures and Misc Splits Previous mix design and previous calibrations VSS work to be applied between 7AM and 7PM weekdays Work to be accomplished up to no more than 3 consecutive day(s). Additional days at $15,000 Work must be scheduled 4 weeks in advance to assure crew availability Quote valid for 10 days, return signed to secure price and schedule Includes local prevailing wage rates, should federal rates apply additional charges will occur Posting & Notifiying Rolling EXCLUSIONS: Any work not described above is specifically excluded. Traffic control plan, lane closure and or splitting of streets Construction area signs, portable message boards, arrow boards, light towers SWPPP/WPCP, permits, testing, QA-QC plan & inspection, new calibrations, test strip Bond @ .5% ($5.00/$1,000.00), any special fees/training not limited to TERO, railroad and/or environmental trainings $7,500 ea. Pavement repairs, crack weeding, cleaning or sealing, tree trimming Permanent or temporary stripe/marker - removal, replacement, protection, or referencing Side-walk/driveway cleaning and or blowing Responsibility for any water ponding (surface treatment to follow existing grade) or power steering tears Prime contractor to provide staging area within 1 mile of work, with water supply, water meter, portable toilet and wash station. If VSS is required to locate staging area, VSS will invoice prime $4,500.00 for securing staging area plus actual costs for water meter, toilet & wash station Survey, corner records and adjustment of monuments/utilities/manholes of any kind OCIP & CCIP insurance, longshoreman, community work force or project labor agreements NOTES: Materials associated with this quote ARE based on price index fluctuations adjustments per the project specifications and will be invoiced or credited monthly and are subjects to subcontractor's payment terms. Please call for different pricing if the opposite condition is required for your bid. All work described above is based on estimated quantities and shall be a minimum, overruns to be paid at the unit price. VSSI may require a cold weather release form for any resurfacing operations needed for late or early season work in cooler weather climates Acceptance of bid/proposal accepts these stipulations regardless of requirements by owner. Retention to be paid within 60 days of completion of our work This proposal, when accepted by Purchaser, constitues a binding contract between the parties hereto, incorporating each and every one of the provisions of the Conditions of Sale on the reverse side hereof. Accepted: Coamctor/Finn 8y. MWhwindRepmsmueNo. o,,,,, VSS International is an Open Shop Contractor and will not become signatory to any labor agreements. 3785 CHANNEL DRIVE • WEST SACRAMENTO, CA 95691, USA • PHONE (916) 373-1500 • FAX NO. (916) 373-0183 CA LICENSE NO. 293727A • NV LICENSE NO.014802A • OR LICENSE NO. 65821• AZ ROC 285579 ID LICENSE 13304-AAA-4(47) • WA LICENSE NO, VSSIN11875JW PAVETEPIT Tf411'ITEr1f=1 10E SPECIRLISTS — CONDITION OF SALE — 1 ) In California contractors are required by law to be licensed and regulated by the Contractor's State License Board, Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractor's State License Board, P.O. Box 26999, Sacramento, California 95826. 2) For work in the state of Nevada: Section 108.2394 of the Nevada revised Statutes, a part of the Mechanics Lien Law of the State of Nevada, requires for your information and protection from hidden liens, that each person or other legal entity which supplies materials to or performs work or services on a construction project, other than one who performs only labor, shall deliver to the owner a notice of the material supplied or the work of service performed. You may receive such notices in connection with the construction project which you propose to undertake. 3) The performance and/or delivery shall commence not later than as specified on the front page. In the event of delays caused by Purchaser beyond this date, cost increases (if any) shall be charged to Purchaser's account. 4) All orders are subject to acceptance at the seller's general offices at P.O. Box 981330, West Sacramento, California 95798. 5) The seller shall not be liable for failure of performance or failure or delay in delivery by reason of any contingency beyond the seller's reasonable control. 6) Unless it shall expressly be agreed thereto in writing, the seller shall not be responsible for the operation and results of any technical advice in connection with the design, installation or use of the product sold hereunder. 7) It is agreed that no promises, agreements or understandings have been made other than contained herein; that no agent has any authority to obligate the seller to any terms or conditions not herein expressed unless seller approves of in writing. 8) All payments are to be made by the purchaser to the seller's office location noted on the front page. All accounts are due and payable as stated on reverse side under terms. Our Finance Charge on past due accounts is a fixed amount of 2 % per month on the principal balance due which is equal to an Annual Percentage Rate of 24%. 9) In the event of nonpayment of past due accounts, the entire amount of both principal and interest accrued at such time shall become due, payable and collectable without notice at the option of the seller. The purchaser agrees to pay reasonable attorney's fees incurred, with or without legal action, in collecting the past due account together with all court costs involved. 10) This agreement shall be deemed to have been entered into in the State of California, and all questions of the validity, interpretation, or performance of any of its terms, or any rights or obligations of the parties to this agreement shall be governed by California law. 11) Any controversy between the parties to this agreement involving this construction, application or performance of any of the terms, provisions or conditions of this agreement, shall, on the written request of either party served on the other, be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. The parties shall each appoint one person to hear and determine the dispute and, if they are unable to agree, then the two persons so chosen shall select a third impartial arbitrator whose decision shall be final and conclusive upon both parties. The cost of arbitration shall be borne by the losing party, or in such proportions as the arbitrator shall decide. 12) This contract contains the entire agreement between the parties concerning the rights granted and the obligations assumed in this contract. Any oral representations or modifications concerning this contract shall be of no force or effect, except for a subsequent modification in writing signed by the parties. 13) If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, expert's fees, and necessary disbursements in addition to any other relief to which such party may be entitled. 14) Failure of the seller to enforce any of these conditions or to exercise any right shall in no way affect such rights and no failure shall be construed as a waiver in respect to other or future occurrences. 15) Seller will submit progress estimates for work actually completed at the end of each month, and Purchaser will pay 90 % of the invoice amount due within ten (10) days after receipt of such billing. The amounts so paid shall be deducted from the final billing after completion of all work. 16) You, as owner or tenant, have the right to require the contractor to have a performance and payment bond or funding control. An additional charge of % % will be added to the bid amount to cover this cost if requested. 17) The intended use of sealcoating and resurfacing materials is to resurface existing asphalt pavements. They are not intended to remove surface variations which may hold water, change existing drainage patterns, restore badly cracked or broken base pavement, or permanently seal cracks subject to base movement. Cracks sealed and filled may open again. 18) VSS International will not be responsible for damage to any underground utilities, unless said utilities are specifically marked with depths on a furnished blue print. VSS International will also not be responsible for surface drainage on new or existing pavement unless said surfaces have a minimum of 1%% slope to drains. 19) The purchaser by signing this contract hereby declares that the pavement and subgrade to be repaired or sealed is structurally sound enough to support the weight of repair and seal coating equipment. Failure or damage to pavement as a result of inadequate structural support of VSS International's equipment is the responsibility of the purchaser. Accepted: Accepted: Contractor/Firm VSS Intemational, Inc. By By Authorized Representative/Owner I Date: Date: Exhibit B BONDFORMS Required for contracts over $25, 000. Canal District Double Fiberized Resurfacing Up to $200,000 Contract Bond Forms Approved by City Attorney, dated 03/28/2022 EXECUTED IN TRIPLICATE Bond No. 30189556 Performance Bond Premium: $ 501.00 City of San Rafael ("City") and VSS International, Inc. ("Contractor") have entered into a contract, dated May 31 , 20 23 ("Contract") for work on the City's Canal District Double Fiberized Resurfacing ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). General. Under this Bond, Contractor as Principal and Western Surety Company I its surety ("Surety"), are bound to City as obligee for an amount not less than $167.047.8�* 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. *One Hundred Sixty -Seven Thousand Forty -Seven and 85/100 Dollars 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. 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. 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: Canal District Double Fiberized Resurfacing Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 Attn: Steve Passerine Address: 2010 Crow Canyon Place, Suite 320 City/State/Zip: San Ramon, CA 94583 Phone: (925)884-2286 Fax: (650)378-4361 Email: spasserine(&,,andreini.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 May 31 20 23 . Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Western Surety Company Business Name s/ e� Shawndrae N Johnston, Attorney -in -Fact Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: VSS International, Inc. Busin ame s/ Jeff Roberts, Senio Vice Pr en Name/Title s/ Jordan Reed, Trefisurer Name/Title AP4ROBERT Y CITY: ;1 s/1 I EPSTEIN,Cibj Attorney END OF PERFORMANCE BOND ITS Date Canal District Double Fiberized Resurfacing Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA NOTARY 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 Yolo On Mav 31, 2023 before me, Laura Wicklander, Notary Public (insert name and title of the officer), personally appeared Jeff Roberts who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LAURA WICKLANDER Notary P:.biic - California Yolo County > Commission # 2379737 Signature (Seal) My Comm. Expires Oct 23. 2025 CALIFORNIA NOTARY 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 Yolo On May 31, 2023 before me, Laura Wicklander, Notary Public (insert name and title of the officer), personally appeared Jordan X. Reed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LAURA WICXLANOER t� 0%v Notary P_biic • Ca:iforiiaYom CoLnriSignature `/ (Seal)Commission ; 2379737 Comm. Expires Oct 23. 2025 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On MAY 3 1 2023 Date personally appeared before me, K Hummel Shawndrae N. Johnston Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. it '. K. HUMMEL COMM. #2358812 NOTARY PUBLIC • CAUFORNIA CONTRA COSTA COUNTY I MY COMM. EXP. MAY 24, 2025 ' Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Steven N Passerine, Kathleen E Earle, Doreen Green, Shawndrae N Johnston, Individually of San Ramon, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day of November, 2022. y WESTERN SURETY COMPANY it E 7'}c A� O.,P°gq)�ss °L�D�c ';:ul T Bruflat, Vice President State of South Dakota I ss County of Minnehaha On this 4th day of November, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M. BENT March 2, 2026 sourK °AKors M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power ofAttorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 31 st day of May, 2023 Suacry WESTERN SURETY COMPANY N�4f ^�sfi fWi = �%M OAK L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. EXECUTED IN TRIPLICATE Bond No. 30189556 Payment Bond Premium: Included in Performance Bond City of San Rafael ("City") and VSS International, Inc. ("Contractor") have entered into a contract, dated May 31 . 2023 ("Contract") for work on the City's Canal District Double Fiberized Resurfacing ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). General. Under this Bond, Contractor as principal and Western Surety Company its surety ("Surety"), are bound to City as obligee in an amount not less than ,167,017.85* under California Civil Code sections 9550, et Seq. *One Hundred Sixty -Seven Thousand Forty -Seven and 85/100 Dollars 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: Steve Passerine Address: 2010 Crow Canyon Place, Suite 320 City/State/Zip: San Ramon. CA 94583 Phone: (925) 884-2286 Fax: (650) 378-4361 Email: spasserine a,andreini.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. Canal District Double Fiberized Resurfacing Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 7. Effective Date; Execution. This Bond is entered into and is effective on May 31 2023. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Western Suretv Companv _ Business Name Shawndrae N Johnston, Attorney -in -Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: VSS International, Inc. Business Name s/ MIROberts, Senio Vice P sident Name/Title s/ Jordan Reed, Treaprer Name/Title APPROV BY CITY: s/ (�u J L� ROBERT . EPSTEIN, Attorney END OF PAYMENT BOND (j I z-z. Date Canal District Double Fiberized Resurfacing Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA NOTARY 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 Yolo On May 31, 2023 before me, Laura Wicklander. Notary Public (insert name and title of the officer), personally appeared Jeff Roberts who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LAURA WICKLANDER . _ Nbtar, P biic - Caiifornia =1 C, � �- Yolo CoLnCJ Signature (Seal) M� COmmission ; 2379737 Comm Expires Oct 23. 2025 CALIFORNIA NOTARY 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 Yolo On May 31, 2023 before me, Laura Wicklander, Notary Public (insert name and title of the officer), personally appeared Jordan X. Reed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -Y= I LALAA WICKLANDER Notary P;:biic - California � �� � Commission ; 2379737 Signature �� (Seal) ti=� MY Comm. Expires Oct 23, Z025 1 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On MAY 3 1 2023 Date personally appeared before me, K Hummel Here Insert Name and Title of the Officer Shawndrae N. Johnston Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i r K. HUMMEL _^. ' COMM. #2358812 j NOTARY PUBLIC • CALIFORNIA ~ �' CONTRA COSTA COUNTY ` MY COMM. EXP. MAY 24. 2025 I Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public r%nrlr%kl A 1 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: _ Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing' Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Steven N Passerine, Kathleen E Earle, Doreen Green, Shawndrae N Johnston, Individually of San Ramon, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day of November, 2022. Ery WESTERN SURETY COMPANY 0 ovv0Rq�O aul T. Bruflat, Vice President State of South Dakota County of Minnehaha I ss On this 4th day of November, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instnunent; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires """"""" ""` ` M. BENT `(RNOTMY PUBLIC / ` March 2, 2026 SOUTH onKOTn M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 31 st day of May, 2023. �aErro; WESTERN SURETY COMPANY S.0 AV 4, d?: a'cOL►pi�C d' � L. Nelson, Assistant Secretary Foam F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. No. 3472 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Western Surety Company of Sioux Falls, South Dakota, organized under the laws of South Dakota, subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, thefollowing classes of insurance: Surety and Liability as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE. is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws orrequirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 21st day of March, 1975, I • have hereunto set my hand and caused my official seal to be affixed this 21st day of March, 1975. Fee $25.00 WESLEY J. KINDER Insurance Commissioner Rec. No. 61589 Filed 10-4-74 By Wallace W. Scales Deputy Certification I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof, and of the whole ofsaid duplicate, and said Certificate of Authority is now in full force and effect. INWITNESS WHEREOF, I have set my hand and caused my off cial seal to be affixed this 2nd day of December, 2016. Dave Jones Insurance Commissioner By ag�il IIrr Z Bid Bond Nt I P� ("Bidder") has submitted a d, dated 20 ("Bid"), to the City of San Rafael ("City") for ork on the ("Project"). Under this duly executed bid bond ("Bid Bond"), Bidder as Pr' cipal and its surety ("Surety"), are bound to City as obligee in tie penal sum of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bid themselves and their respective heirs, executors, administrators, successors and assigns, jointly anci severally, as follows: 1. 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: 7 2.1 Contract. The executed Contract, using the form provi ed by City in the Project contract documents ("Contract Documents"); 2.2 Payment Bond. A payment bond for 100% of th aximum Contract Price, executed by a surety licensed to do business in the State of C fornia using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond or 100% of the maximum Contract Price, executed by a surety licensed to do busi ss in the State of California using the Performance Bond form included with the Contract D cuments; and 2.4 Insurance. The insurance certifica (s) and endorsement(s) required by the Contract Documents, and any other docu nts required by the Instructions to Bidders or Notice of Award. Enforcement. If Bidder fails to ex ute the Contract and to submit the bonds and insurance certificates as required by the Co tract 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 Sup6tv as follows: Attn: Address: City/State/Zip: Phone: Fax: Email 4. Duration and aiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will I null a void; otherwise it will remain in full force and effect for 60 days following the bid opening or til this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions f Civil Code §§ 2819 and 2845. [Signatures are on the following page.] Canal District Double Fiberized Resurfacing Up to $200,000 Contract Bid Bond Approved by City Attorney, dated 3/28/2020 NfP This Bid Bond is entered into and effective on .20 Canal District Double Fiberized Resurfacing Up to $200,000 Contract Bid Bond Approved by City Attorney, dated 3/28/2020 Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the Jeff Roberts, Senior Vicftlgg dent VSS Intemational, Inc. [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 LoIt ['to23 [date], at \-Qt%k �u r� vwwhO [city], j 1A [state]. s/ C----- - Jeff Roberts, Senio Vice esident Name [print] END OF NONCOLLUSION DECLARATION Canal District Double Fiberized Resurfacing Up to $200,000 Contract Noncollusion Declaration Approved by City Attorney, dated 3/28/2022 N I � Exhibit D BID SCHEDULE This d Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provide for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a quali ' d Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or in ect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount' colu 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 NO. ITEM DES CRI ION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT TOTAL BASE BID: Items 1 through inclusive: S Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount er ered in Section 1 of the Bid Proposal form. Canal District Double Fiberized Resurfacing Up to $200,000 Contract 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 N lR Name and Title Name and Title License # xpi registratio Phone Contact Email ,20 ration Date, and Classification n# Addenda. Bidder agrees that it has c.oiifirmed 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 foj'any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: D Received: Addendum: Date Received: #01 #05 #02 #06 #03 #07 #04 #08 END OF BID SCHEDULE Canal District Double Fiberized Resurfacing Up to $200,000 Contract Bid Schedule Approved by City Attorney, dated 3/28/2022 H /P Exhibit E SUBCONTRACTOR LIST For each Subcontractor that will perform a portion of the Work in an amount in excess oyone-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of the Work, the flame of the Subcontractor, its California contractor license number, the location of its place of b6siness, its DIR registration number, and the portion of the Work that the Subcontractor is 7�� ng based on a percentage of the Base Bid price. DESCRIPTION T OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK _ END OF SUBCONTRACTOR LIST ' For street or highway construction this requirement applies to any subcontract of $10,000 or more. Canal District Double Fiberized Resurfacing Up to $200,000 Contract Subcontractor List Approved by City Attorney, dated 3/28/2022 EXECUTED IN TRIPLICATE Bond No. 30189556 Performance Bond Premium: $ 501.00 City of San Rafael ("City") and VSS International, Inc. ("Contractor") have entered into a contract, dated May 31 , 20 23 ("Contract") for work on the City's Canal District Double Fiberized Resurfacing ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Western Surety Companv , its surety ("Surety"), are bound to City as obligee for an amount not less than $167.047.85* 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. *One Hundred Sixty -Seven Thousand Forty -Seven and 85/100 Dollars 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. 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. 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: Canal District Double Fiberized Resurfacing Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Performance Bond Attn: Steve Passerine Address: 2010 Crow Canyon Place, Suite 320 City/State/Zip: San Ramon, CA 94583 Phone: (925)884-2286 Fax: (650)378-4361 Email: spasserine(candreini.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 May 31 20 23 . Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Western Surety Company Business Name s/14- Shawndrae N Johnston, Attorney -in -Fact Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: VSS International, Inc. ,Busi�ss Na 7-,,� s/ Jeff Roberts, Senior ice President Name/Title s/ Jordan Reed, Treasurer Name/Title APPRO ED BY CITY: s/ ROBE EPSTEIN, Vity Attorney Date END OF PERFORMANCE BOND Canal District Double Fiberized Resurfacing Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Performance Bond CALIFORNIA NOTARY 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 Yolo On May 31, 2023 before me, Laura Wicklander, Notary Public (insert name and title of the officer), personally appeared Jeff Roberts _who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal LAI RA WICKLavCER Notary Ptbiic l�'d �• � • California Signature (Seal) Cs nty Yolo Couommission x 1379737 My Cor„rn. Expires Oct 13. 1015 r CALIFORNIA NOTARY 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 Yolo On May 31, 2023 before me, Laura Wicklander, Notary Public (insert name and title of the officer), personally appeared Jordan X. Reed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' y= Lary bliCKLANDER Notary Public -California 'fib I Y010 County Commission ; 2379737 Signature- My Comm. Expires OCt 23. 2025 r � (Seal) P� CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 t!:).21�.3:�..'�.,.:7..#k�33.A.w"`:1':1:._.....#a:AS.�',J..:.._L..�t_ti.•.)..=:-:i3�a.;`..�_�-`,%ct+:.'; _.._ .�.. r �.':�; -'� cC.: _ � ,. _ . _ - , A notary public or other officer completing this certificate verifies onlythe identityofthe 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 Contra Costa On MAY 3 1?n?3 before me, Date personally appeared Shawndrae N. Johnston K Hummel Here Insert Name and Title of the Officer Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ------------------ K. HUMMEL c ey •. ` COW. #2358812 NOTARY PMr- • CALWORN1A y CONTRA COSTA COUNTY MY COMM. EXP. MAY 21, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � / / 1111'%W�11 Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer is Representing: Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Steven N Passerine, Kathleen E Earle, Doreen Green, Shawndrae N Johnston, Individually of San Ramon, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day of November, 2022. s�aci, WESTERN SURETY COMPANY _AQ4o oOgq�A D %S %, fl en 1p b�►ry ppKC.o° `.• ' 'aul T. Bruflat, Vice President State of South Dakota County of Minnehaha I ss On this 4th day of November, 2022, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires '"""`"""`""``"""""""' M.BENT i NOTARY PUDLIC' March 2, 2026 SOUTH DAKOTA SUl M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this 31st day of May, 2023. WESTERN SURETY COMPANY �Q'Q•POgq �.i�= 1 k,4Ujti� pµO�•` L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. EXECUTED IN TRIPLICATE Bond No. 30189556 Payment Bond Premium: Included in Performance Bond City of San Rafael ("City") and VSS International, Inc. ("Contractor") have entered into a contract, dated May 31 2023 ("Contract") for work on the City's Canal District Double Fiberized Resurfacing ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Western Surety Company its surety ("Surety"), are bound to City as obligee in an amount not less than g 167.047.85* under California Civil Code sections 9550, et Seq. *One Hundred Sixty -Seven Thousand Forty -Seven and 851100 Dollars 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: Steve Passerine Address: 2010 Crow Canyon Place, Suite 320 City/State/Zip: San Ramon, CA 94583 Phone: (925) 884-2286 Fax: (650) 378-4361 Email: spasserine(n-,andreini.com 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. Canal District Double Fiberized Resurfacing Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 7. Effective Date; Execution. This Bond is entered into and is effective on May 31 2023. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Western Surety Company Business Name Shawndrae N Johnston, Attorney -in -Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: VSS International, Inc. s Name s/ 10, Jeff Roberts, Senior ice President Name/Title s/ Jordan Reed, Treasurer Name/Title APPROV BY CI s/ ROBERT . EPSTEIN, C Attorney END OF PAYMENT BOND Date Canal District Double Fiberized Resurfacing Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA NOTARY 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 Yolo On May 31, 2023 before me, Laura Wicklander. Notary Public (insert name and title of the officer), personally appeared Jeff Roberts who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 11 LAL:RAR WICKLAN DER = �= Notary P,-biic . Caiifornia Yoio County Signature - (Seal) ti� ,.' Commission ; 2379737 My Comm. Expires Oct 23. 2025 CALIFORNIA NOTARY 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 Yolo On May 31, 2023 before me, Laura Wicklander, Notary Public (insert name and title of the officer), personally appeared Jordan X. Reed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 'C: •�• „ LAURA WICKLANDER ` Notary P-biic • CaHornia l YDIo Cocnty Commission ; 2379737 Signature (Seal) My Comm, Expires act 23. 2025 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra CostaMAY 9g 3 2n23 K Hummel On before me, , Here Insert Name and Title of the Officer Date personally appeared Shawndrae N. Johnston Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. K. HUMMEL IE a ; �: ' COMM.02358812 " m ` R NOTARY PUBLIC • CALIFORNIA � CONTRA COSTA COUNTY lMY COMM. EXP. MAY 24, 2025 if Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public e%nr1e%k1 A I Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue ofthe signature and seal herein affixed hereby make, constitute and appoint Steven N Passerine, Kathleen E Earle, Doreen Green, Shawndrae N Johnston, Individually of San Ramon, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day of November, 2022. „.•,.• �.�suaEry •., WESTERN SURETY COMPANY y�?4oQ,POgq�� D .�Tp —_— aul T. Bmflat, Vice President State of South Dakota County of Minnehaha I ss On this 4th day of November, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M. BENT r+oam PUBLIC(M; March 2 2026 SOUTH onKorn ; M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 31 st day of May, 2023. �S�aer WESTERN SURETY COMPANY ia� w f400. 4rf�rl S[A.T �TM DAµ� •°' L Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety•com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. No. 3472 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Western Surety Company of Sioux Falls, South Dakota, organized under the laws of South Dakota, subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorizedto transact within this State, subject to all provisions of this Certificate, thefollowing classes of insurance: Surety and Liability as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE. is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 21st day of March, 197.5, I • have hereunto set my hand and caused my official seal to be affixed this 21st day of March, 1975. Fee $25.00 WESLEY J. KINDER Insurance Commissioner Rec. No. 61589 Filed 10-4-74 By Wallace W. Scales Deputy Certification I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate ofAuthority with the duplicate of original now on f le in my office, and that the same is a full, trite, and correct transcript thereof, and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect. IN WITNESS WHEREOF, I have set my hand and caused my official seal to be affixed this 2nd day of December, 2016. Dave Jones 111surance commissioner By �glia tierr z 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: Nataly Torres (for April Miller) Extension: 3353 Contractor Name: VSS International, Inc. Contractor's Contact: Jon James Contact's Email: jon.james@slurry.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date- b. Email contract (in Word) and attachments to City 5/30/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X NT 2 City Attorney a. Review, revise, and comment on draft agreement 5/30/2023 and return to Project Manager 5/30/2023 Cx1 NT b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor 5/30/2023 C NT 3 Approval of final agreement form to send to © AM contractor 4 Project Manager Forward three (3) originals of final agreement to 5/30/2023 ZI contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A agendized for City Council approval * *City Council approval required for Professional Services 7 Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to PRINT Project Manager Date of City Council approval enter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City 6/7/2023 NT City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed ��?j agreement Review and approve insurance in PINS , and bonds l 8 City Attorney (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and v `� forwards copies to Project Manager ,d