HomeMy WebLinkAboutPW Albert Park Fence Replacement ProjectCITY 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
Kenwood Fence Company, Inc. ("Contractor"), a California Corpo ation, for work on the City's Albert Park
Fence Replacement ("Project"), and is effective on ("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-13
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Notice Inviting Bids;
2.2 Contract;
2.3 Addenda, if any;
2.4 Exhibit A — Scope of Work;
2.5 Exhibit B — Payment, Performance, and Bid Bonds;
2.6 Exhibit C — Noncollusion Declaration;
2.7 Exhibit D — Bid Schedule;
2.8 Exhibit E — Subcontractor List.
3. Contract Price. As 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 $61,545.000 (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.
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 Page 1
Approved by City Attorney, dated 03/28/2022
4. Time for Completion. Contractor will fully complete the Work within 10 working days 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-Vill 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.
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 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
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 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
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 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.
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 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: 415-725-9264
Attn: Adeel Shaikh
Email: adeel.shaikh@cityofsanrafael.org
Contractor:
Name: Kenwood Fence Company, Inc.
Address: 2380 Bluebell Drive
City/State/Zip: Santa Rosa, CA 95403
Phone: 707-527-1347
Attn: Jack Goodin
Email: jgoodin@kenwoodfence.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
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 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.]
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 Page 7
Approved by City Attorney, dated 03/28/2022
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approve s to form:
s/ s/
CRISTI E- LILO ICH, City Manger ROBERT F PS11TEIN, Ci Attomey
Date: Date: I
Attest:
G
s/ '
n / LINDSAY LARA, ity C erk
. /wir Date: -n ,
CONTRACTOR:
Business Name
s/
�G/� sI-vt/�-•vDIL�F- �7r�
Name/Title
Date:
s/
/-�v ,br /-7 sh�1 A n oC r-;(--
Namefritle
Date: &/ g / a y
Seal:
Contractor's California License 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
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 Page 8
Approved by City Attorney, dated 03/28/2022
Exhibit A
SCOPE OF WORK
Albert Park Fence Replacement Up to $200,000 Contract
City Project* 11372-02 Scope of Work
Approved by City Attorney, dated 03/28/2022
Kenwood Fence Co., Inc
2380 Bluebell Drive
Santa Rosa, CA 95403
PHONE:707-527-1347 FAX:707-527-1528
Exhibit A
PROPOSAL Page:
Quote Date Quote Number:
Dec 18, 2023 27233
Customer ID
Cust.Fax No.: 1 Cust.Phone:
Good Thru
1/17/24
I Payment Terms
I Estimator's Name
CITY OF
415-726-4481
I Net Due
JACK GOODIN
Quoted to:
CITY OF SAN RAFAEL
30 CARRILLO DR
SAN RAFAEL, CA
Job site address:
CITY OF SAN RAFAEL
ALBERT PARK
SAN RAFAEL, CA
Quantit,
Description
Unit Price
Extension
ITEM#1: INST.A1.1. APPROX 88' OF 16' HIGH. GAl.VANIZFi) 9GA CHAIN LINK WITH A TOP, MIDAND
BOTTOM RAIL, INCLUDES GATE WITH STANDARD HARDWARE
1.00
TOTAL COST:
39,110.00
39,110.00
MATERIALS:
POSTS: 2 7/8" GALVANIZED STRUCTURAL STEEL SET IN48" CONCRETE, 8' O.C.
TOP, MID, AND BOTTOM RAIL: 1 5/8" GALVANIZED STRUCTURAL STEEL
CHAIN LINK: T AND 10' HIGH, 211,9 GAUGE GALVANIZED, OVER LAP 12"
NOTES:
CA CONTRACTORS LICENSE NUMBER # 608869
* CREDIT CARD PAYMENTS WILL HAVE A CONVENIENCE FEE OF 3% PER TRANSACTION
* PARKING ACCESS PROVIDED
* EXCLUDES: PERMITS, FEES, SURVEYING, EXCAVATION, BACKFILLING, GRADING, DRAINAGE,
PA YT, STAIN AND PROPERTY LINE DETERMINATION
* ALL FOLIAGE CLEARED BY OTHERS
* ACTUAL FOOTAGE INSTALLED TO BE MEASURED AND INVOICED UPON COMPLETION
* THIS IS A PREVAILING WAGE PROJECT
*ASSUMES ACCESS ALONG FENCE AND SITE FOR DRILL RIG HIGH REACH LIFT
his proposal is good for 5 (five) days from proposal date.Fmsh grade and property pins are to be provided by custc
11 permits and fees are the responsibility of property owner. We are not responsible for any damage that may occur
nderground utilities due to drilling. Customer is responsible for all marking of any and all areas to be avoided. Thes
plume discounts. Single items billed independently may show an increased cost The total quoted price as shown wi
:ceptance of this contract No further promotions or other offers will be applied to this price. CA Contractors Licens
Subtotal 39 ,110. 00
Sales Tax
Total 39,110.00
propose lwreby to furnish material and labor, complete in accordance with above specifications. Ail material is guaranteed to be as specified. All work to be corrguletcd in a
finer according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become ar
above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner is to carry fire, tornado and other necessary Insurance. Our
ered by Workmen's' Compensation Insurance. Accounts not paid within terms set herein shall be subject to finance charges of 1.5% calculated monthly until balance due is p
ar cancellation a 25% restocking fee may be charged.
atur
Acceptance of Proposal -The above prices, specifications and cogaitions, are satisfactory and are hereby accepted. You are
authorized to do the wor u cfied. Paymentwillbema above. i nature binds this contract.)
Date of Acceptance: Signature:
Please checkformofpaym:
Cash Check Credit Card # Exp date I Security Code _
No work will be scheduled until this proposal is signed and returned to us along with a 10% non-refundable deposit. Final payment is due upon completior
lob. If paying by credit card your signature above is authorization to charge the remaining balance upon completion of the work. Credit cards will have a
Convenience fee of 3%per transaction. If paying with cash or check, a crew member will collect. arty remaining balance upon completion of the work. Not
Dwner:Contractors are required by law to be licensed and regulated by the contractors state license board. Any questions concerning a contractor may bi
;o the registrar of the board. Contractors' State License Board. 9835 Goethe Rd. Sacramento, CA 95827
KENW
FENCE00,
CONSTRUCTION WORK AUTHORIZATION
DATE: 02/16/2024
TITLE OF PROJECT: City of San Rafael -Albert Park
START DATE: 2/2024 ESTIMATED COMPLETION DATE: 3/2024
SPECIFIC LOCATION OF PROJECT:
Alert Park, San Rafael CA
DESCRIPTION OF WORK TO BE COMPLETED:
Description Per Unit Total
Upgrade posts to 4", rails to sched 40, add cages and wider footings, price includes all applicable labor, $ 22,435.00 1 $ 22,435.00
material, equipment rental, bonds and taxes
Change Order Total $ 22,435.00
Original Contract $ 39,110.00
Total Contract $ 61,545.00
SIGN AS AGENT FOR
KENWOOD FENCE CO., INC:
APPROVAL:
This is a binding contract between Kenwood Fence Co. Inc. and the above signed
and will be honored under the same conditions enforced with any previous contract
entered into in regards to the above -mentioned project.
Kenwood Fence Co. Inc. Rev.1 - 05/04
Exhibit B
BOND FORMS
Required for contracts over $25, 000.
Albert Park Fence Replacement Up to $200,000 Contract
City Project* 11372-02 Bond Forms
Approved by City Attorney, dated 03/28/2022
Performance Bond Bond No. PBB00494150076
City of San Rafael ("City") and Kenwood Fence Company, Inc. ("Contractor") have entered into a
contract, dated , 20 ("Contract") for work on the Albert Park Fence
Replacement ("Project"). The Contract is incorporated by reference into this Performance Bond
("Bond").
General. Under this Bond, Contractor as Principal and Phkidei ila Inde„irwy insur-ance c:e, pary , its
surety ("Surety"), are bound to City as obligee for an amount not less than $ 39,100.00
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond. "Thirty Nine Thousand One Hundred and No/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.
3. Application of Contract Balance. Upon making a demand on this Bond for completion of the
Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for
completion of the Work under the Contract. For purposes of this provision, the Contract Balance is
defined as the total amount payable by City to Contractor as the Compensation minus amounts
already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which
City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action;
4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent,
but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor
acceptable to City, and secured by performance and payment bonds issued by an admitted
surety as required by the Contract documents, at Surety's expense; or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover
all costs it incurs due to Surety's default, including legal, design professional, or delay costs.
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:
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 Performance Bond
Approved by City Attomey, dated 03/28/2022
Attn: Jeffrey Horne
Address: 150 4th Place. Ste.304
City/State/Zip: Sioux falls, SD 57104
Phone: (605) 809-8133
Fax: non
Email: Jeffrey.Horne@phly.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 January 25
20 24 . Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Philadelphia Indemnity Insurance Company
Business Name
n T��
s/
Edward C. Spector, Attorney -in -Fact
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Kenwood Fence Company, Inc.
Business Name
s/
Name/Title
Name/ i me
APPROVED BY CITY:
s/
ROB F EPST61N, City Attorney
Albert Park Fence Replacement
City Project #: 11372-02
END OF PERFORMANCE BOND
Date
Up to $200,000 Contract
Performance Bond
Approved by City Attorney, dated 03/28/2022
CALIFORNIA ALL-PURPOSE 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 Los Angeles )
On J before me, D. Garcia, Notary Public
Date
Personally appeared Edward C. Spector
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( whose namek) is&X subscribed to
the within instrument and acknowledged to me that he/jbXkbpL the same in his/)[g{kt(!Xrauthorized
capacity), and that by his/3tq(Wsignature(.X)ontheinstrumenttheperson),ortheentityuponbehalfof
which the personk) acted, executed the instrument.
COMM. #2354770 z
e1iF.:;k Notary Public California o
z «yam ' Los Angeles Couniy 1
My Comm. Ex ' es Apr. 18, 2025'
Place Notary Seal 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 icial
L
r
Signature
gnature of Notary Public
---------- -------- — ------ —------------ --------- OPTIONAL ----------------------------------------------------
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document
Number of Pages
Document Date
Signer(s) OtherThan 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's Name
® Corporate Officer—Title(s)
❑ Partner ❑ Limited ❑General
❑ Individual ❑ Attorney in Fact
❑Trustee ❑Guardian or Conservator
Other
Signer Is Representing Signer Is Representing
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Timothy J. Noonan, Jennifer Ochs, Charles R. Teter IH, B.
Aleman, Erin Brown, D. Garcia, Simone Gerhard, Edward C. Spector, Ethan Spector, Marina Tapia, KD Wapato, Sarah Campbell, Aidan Smock and
Sandra Corona of Lockton Companies Inc., iLs true and lawful Allomey-in-fuel with full authority to execute on its behalf bonds, undertakings, rewgnizances and
other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to
exceed S50.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto; and
(2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHTT.ADET.PHTA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH 2O21.
s _
3' 7
(Seal)
Jah Glomb. President & CCO
Philadelphia Indemnity Insurance Company
On this 5' day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
Commonwaatth of Pannsyroani' • notary Soil V •�-���'� �"�
�csL
Venessa Mci,on;ie, Notary Public
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Membw.parmywr+MfedownofNolan" residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 5' day March, 2021 are true and correct and are still in full force and effect. I do further certify that
John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribe' my name and affixed the facsimile seal of each Company this 25th day of January 2024
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
Payment Bond
Bond No. PB00494150076
City of San Rafael ("City") and Kenwood Fence Company, Inc. ("Contractor") have entered into
a contract, dated , 20_ ("Contract") for work on the Albert Park Fence
Replacement ("Project"). The Contract is incorporated by reference into this Payment Bond
("Bond").
General. (Under this Bond Contractor as principal and Philarialnhia InriPmniti Inciiranra C..mmpanu
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ 39.100.00 ' , under California Civil Code sections 9550, et seq.
*Thirty Nine Thousand One Hundred and Noll00 Dollars
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.
A. Duration, If Contractor promptly makes payment of all slims 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: Jeffrey Horne
Address: 150 4th Place, Ste, 304
City/State/Zip: Sioux Falls. SD 57104
Phone: (605) 809-8433
Fax: none
Email: Jeffrev.Horne(a.ohly.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.
Albert Park Fence Replacement
City Project #: 11372-02
Up to $200,000 Contract
Payment Bond
Approved by City Attorney, dated 03/28/2022
Effective Date; Execution. This Bond is entered into and is effective on January 25 ,
20 24. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Philadelphia Indemnity Insurance Company
Business Name
s/ CQ �
Edward C. Spector, Attorney -in -Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Kenwood Fence Company, Inc.
Business Name
s/ - -- -
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/ - D4
ROBERT STEIN, CiV Attorney
END OF PAYMENT BOND
Albert Park Fence Replacement
City Project #: 11372-02
� /J�W -Z-�-1
Date
Approved by City Attorney, dated 03/28/2022
Up to $200,000 Contract
Payment Bond
CALIFORNIA ALL-PURPOSE 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 Los Angeles
On JAN 2 5 2024
Date
before me, D. Garcia, Notary Public
Here Insert Name and Title of the Officer
Personally appeared Edward C. Spector
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose namek) is/AN subscribed to
the within instrument and acknowledged to me that he/ the same in his/)Wrauthorized
capacity), and that byhis/ signature() on the instrumentthe person), or the entity upon behalf of
which the person(k) acted, executed the instrument.
' COi,*A. #2354770 z
Notary Public California o
z •::r Los Angeles County 1
: t, Comm. Expires Apr. 18, 2025
Place Notary Seal 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 al.
00(
Signature ljvbju -
Signature of Notary Public
OPTIONAL----------------------------------------------------
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document
Number of Pages
Document Date
Signer(s) OtherThan Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
rl Corporate Officer—Title(s)
® Partner ® Limited ® General
® Individual ® Attorney in Fact
® Trustee r] Guardian or Conservator
® Other
Signer's Name
❑ Corporate Officer—Title(s)
❑ Partner Limited ®General
❑ Individual ® Attorney in Fact
❑Trustee ® Guardian or Conservator
❑ Other
Signer Is Representing Signer Is Representing
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Timothy J. Noonan, Jennifer Ochs, Charles R. Teter III, B.
Aleman, Erin Brown, D. Garcia, Simone Gerhard, Edward C. Spector, Ethan Spector, Marina Tapia, KD Wapato, Sarah Campbell, Aidan Smock and
Sandra Coruna of Lockton Companies Inc., its true and lawful Alomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and
other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to
exceed
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14's of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto; and
(2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFDCED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021.
(Seal)
Joh Glomb. Presidcnt & CCO
Philadelphia Indemnity Insurance Company
On this 5' day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
OorrunOnsMealih of Pennsynran4 - Wolary Seal�'-�--Q-
Notary Public:
VanesseMcken.4 NotaryP.
Montgomery County
My commission expires November 3, 2024
Cemrmssion number 1366394
Rlerr.osr. Ppnntyna-, Aisocisvvno}NounN
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attomey issued pursuant thereto on the 5 s day March, 2021 are true and correct and are still in full force and effect. I do further certify that
John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seat of each Company this 25th day of January 2024
1 927 j Ed�#,?i d Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
INCREASE PENALTY RIDER
BOND AMOUNT $39,100.00 BOND NO. PB00494150076
To be attached and form a part of Bond No. PB00494150076 dated the 25th Day of
January, 2024, executed by Philadelphia Indemnity Insurance Company as surety, on
behalf of Kenwood Fence Company Inc. as current principal of record, and in favor
of City of San Rafael, as Obligee for Performance and Payment Bond, and in the
amount of Thirty Nine Thousand One Hundred Dollars and 00/100 ($39,100.00).
In consideration of the agreed premium charged for this bond, it is understood and
agreed that Philadelphia Indemnity Insurance Company hereby consents that
effective from the 8th Day of March, 2024, said bond shall be amended as follows:
THE BOND PENALTY SHALL BE INCREASED:
FROM: Thirty Nine Thousand One Hundred Dollars and 00/100 ($39,100.00)
TO: Sixty One Thousand Five Hundred Forty Five Dollars and 00/100 ($61,545.00)
The INCREASE of said bond penalty shall be effective as of the 8th Day of March,
2024, and does hereby agree that the continuity of protection under said bond
subject to changes in penalty shall not be impaired hereby, provided that the
aggregate liability of the above mentioned bond shall not exceed the amount of
liability assumed by it at the time the act and/or acts of default were committed
and in no event shall such liability be cumulative.
Signed, sealed and dated this 8th Day of March, 2024
Kenwood Fence Company Inc.
PRINCIPAL
BY
Philadelphia Indemnity Insurance Company A
SURETY
BY
ak�� NO W�L
Sandra Corona, ATTORNE - N-FACT
THE ABOVE BOND IS HEREBY AGREED TO AND ACCEPTED BY, =
City of San Rafael
1 % OBLIGEE
BY Gti
TITLE
CALIFORNIA ALL-PURPOSE 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 Los Angeles )
On MAR U 6 2024 before me, Marina Tapia, Notary Public
Date Here Insert Name and Title of the Officer
Personally appeared
Sandra Corona
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/afe subscribed to
the within instrument and acknowledged to me that ire/she/they executed the same in Ms/her/their authorized
capacity(+es),and that byitis/her/tkeif signatures) on the instrumentthe person(s), orthe entity upon behalf of
which the person(&) acted, executed the instrument.
MARINATAPIA
COMM. # 2333302 <
U)' • m� NOTARY PUBLIC - CALIFORNIA X
LOS ANGELES COUNTY Cfl
My Comm. E)Ores Oct 7, 2024
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the
State of Califomia that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
__��� jv�=
Signature✓
Signature of Notary Public
----------- _ _____---- --- -------------------------- OPTZONAL--------------------------- ---------- ----------
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document
Number of Pages
Document Date
Signer(s) OtherThan Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
Corporate Officer—Title(s)
Partner 0 Limited ❑ General
0 Individual ® Attorney in Fact
®Trustee ® Guardian or Conservator
® Other
Signer's Name
0 Corporate Officer—Title(s) _
Partner ® Limited ❑General
[3 Individual E] Attorney in Fact
El Trustee Guardian or Conservator
® Other
Signer Is Representing Signer Is Representing
PHILADELPHIA ENDEhINITY INSURANCE COMPANY
One Bala Plaza, Stye 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Timothy J. Noonan, Jennifer Ochs, Charles R. Teter III, B.
Aleman, Erin Brown, D. Garcia, Simone Gerhard, Edward C. Spector, Ethan Spector, Marina Tapia, KD Wapato, Sarah Campbell, Aidan Smock and
Sandra Corona of Lockton Companies Inc., its true and lawful Attorney -in -tact with full authority to execute on its behalf bonds, undertakings, recognizanoes and
other contracts of indemnity and writings obligatory in the nature thereof, issued to the course of its business and to bind the Company thereby, in an amount not to
exceed $50-000.000.
This Power of Attorney is granted and is signed and scaled by facsinulc under and by the attihority'of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14a of November, 2016-
RESOLVED: That the Board of Directors hereby audiotizes the President or any Vice President of the
Company: (1) Appoint Attomey(s) in Fact and adze the Attorney(s) in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obi igatory in the nature thereof and to attach the seal of the Company thereto; and
(2) to remove, at any time, any such Attomey-m Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to arty
such Power of Attomey or certificate relating thereto by %csimfle, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached
IN TESTIMONY WIIERFAF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFUmD BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021.
(Seal)
410hGlennb, President B: CEO
Philadelphia Indemnity hustuance Company
On this 51h day of March, 2021 before me came the individual who executed the preceding instrnn eat, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
NotaryPublic:
Cliyt??a�ec r e" ►�--�
commonwealth of Pem+sylwnie • Noury Sea
Va nesaa Mckenzie, Notary Pubi k
Montgomery County
Aty commusalon expires November 3.2024
Commission number 1366394
rdercoer.
residing at Bala Cynwyd, PA
My commission expires: November 3, 2024
1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNfI•Y INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the Sc' day March, 2021 are true and correct and are still in full force and effect. I do further certify that
John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of
pHQ,ADELPIIIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 8$1 day of March 2024
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDENUWY.INSURANCE COMPANY
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares
I am the t [title] of _
[business name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in
a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to
any corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or
entity for such purpose.
This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 §
112.
I declare under penalty of perjury under the laws of th S ate of California that the foregoing is true and
correct and that this declaration is executed on 3� }Z `1 [date], at
t5AA-1 �S - 04- [city]. [state]
sl<�
mo o., <.S'a�c.+voic,� / a4y Ir
Name [print]
END OF NONCOLLUSION DECLARATION
Albert Park Fence Replacement
City Project #: 11372-02
Up to $200,000 Contract
Noncollusion Declaration
Approved by City Attorney, dated 3/28/2022
Exhibit D
BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total
Amount' column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.)
TOTAL BASE BID: Items 1 through inclusive:
Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in
Section 1 of the Bid Proposal form.
Albert Park Fence Replacement Up to $200,000 Contract
City Project #: 11372-02 Bid Schedule
Approved by City Attorney, dated 3/28/2022
This Bid Proposal is hereby submitted on
s/
s/
Company Name
Address
City, State, Zip
Contact Name
, 20_
Name and Title
Name and Title
License #, Expiration Date, and Classification
DIR Registration #
Phone
Contact Email
Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued
for this Bid. Bidder waives any claims it might have against the City based on its failure to receive,
access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following
addenda:
Addendum Date Received:
#01
#02
#03
#04
Albert Park Fence Replacement
City Project #: 11372-02
Addendum:
#05
#06
#07
#08
END OF BID SCHEDULE
Date Received:
Up to $200,000 Contract
Bid Schedule
Approved by City Attorney, dated 3/28/2022
Exhibit E
SUBCONTRACTOR LIST
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 %
of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the
Subcontractor, its California contractor license number, the location of its place of business, its DIR
registration number, and the portion of the Work that the Subcontractor is performing based on a
percentage of the Base Bid price.
DESCRIPTION SUBCONTRACTOR CALIFORNIA LOCATION OF DIR REG. NO. PERCENT
OF WORK NAME CONTRACTOR BUSINESS OF
LICENSE NO. i I WORK
END OF SUBCONTRACTOR LIST
' For street or highway construction this requirement applies to any subcontract of $10,000 or more.
Albert Park Fence Replacement
City Project #: 11372-02
Up to $200,000 Contract
Subcontractor List
Approved by City Attorney, dated 3/28/2022
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: Jonathan Schellin (for Adeel Shaikh) Extension: Teams
Contractor Name: Kenwood Fence Company, Inc.
Contractor's Contact: Jack Goodin Contact's Email: jgoodin@kenwoodfence.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1 Project Manager
Click here to
❑
a. Email PINS Introductory Notice to Contractor
enter a date.
b. Email contract (in Word) and attachments to City
3/1/2024
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑X JS
2 City Attorney
a. Review, revise, and comment on draft agreement
3/1/2024
and return to Project Manager
3/1/2024
❑X NT
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
X❑ NT
3 Department Director
3/14/2024
Approval of final agreement form to send to
❑X AM
contractor
4 Project Manager
Forward three (3) originals of final agreement toVt
contractor for their signature
�
o d We
5
Project Manager
When necessary, contractor -signed agreement
N/A
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
$75,000; and for Public Works Contracts that exceed $175,000
Or
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6 Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
��%
Review and approve hard copy of signed
agreement8
7 City Attorney
+City
I
/
Attorney
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
Agreement executed by City Council authorized
official
�� 1
9 City Manager / Mayor
Attest signatures, retains original agreement and
10 City Clerk
forwards copies to Project Manager