HomeMy WebLinkAboutPW Pickleweed Childcare Sewer Line InstallationCITY 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
Michael Paul Company, Inc. ("Contractor"), a corporation for wor on the City's Pickleweed Childcare
Sewer Line Installation ("Project"), and is effective on V Z ("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): A, C-12, C34, C42
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 $31,818 (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.
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4. Time for Completion. Contractor will fully complete the Work within two (2) 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 %vill 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 httos://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.
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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 orotect 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 Preiailing 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
Pickleweed Childcare Sewer Line Installation Up to $200,000 Contract
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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
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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.
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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: 415-686-4666
Attn: Omar Garcia, Facility Repair Supervisor
Email: omar.garcia@cityofsanrafael.org
Contractor:
Name: Michael Paul Company, Inc.
Address: 1200 Casa Grande Rd.
City/State/Zip: Petaluma, CA 94954
Phone: 707-217-4287
Attn: Julia Maher
Email: mpc.jmaher@gmail.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
Pickleweed Childcare Sewer Line Installation Up to $200,000 Contract
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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.]
Pickleweed Childcare Sewer Line Installation
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: Approved as TM_�Z__
s/ s/
A PRK MILLER, Public Works Director ROBER F. EtPMITEIN, City Attorney
Date: T Z �f Date:
Attest:
s/ .21 V
LINDSAY LARA, City lerk
Date: 6
CONTRACTOR: c o YY, .
Business Name
s/ Seal.
1-�'l U'l 1 , W", Tff-s t'deak
Namerrit e If A J
Date:
s/
t a. er ,Trra..sL� re-r
Name/Title
Date: J 2�
Contractor's California License Number(s) and Expiration Date(
Exhibit A: Scope of Work
Exhibit B: Bond Forms
Exhibit C: Noncollusion Declaration
Exhibit D: Bid Schedule
Exhibit E: Subcontractor List
END OF CONTRACT
Pickleweed Childcare Sewer Line Installation
Approved by City Attorney, dated 03/28/2022
Up to $200,000 Contract
Page 8
Exhibit A
SCOPE OF WORK
Pickleweed Childcare Sewer Line Installation Up to $200,000 Contract
Scope of Work
Approved by City Attorney, dated 03/28/2022
Exhibit A
MICHAEL PAUL COMPANY, INC.
July 31, 2024
Omar Garcia
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
omargarciaiciciiy sanrafael.oriiy sanratael.orLT
Pickleweed Daycare Site Improvements
Saw cut trench, demo AC. Pothole existing utilities and existing sewer/tie-in location.
Dig and install approx 75' of 4" SDR26 pipe and clean out. Backfill and pave.
$31,818.00
Exclusions: Permits, Fees, Striping, Excessive Ground/Tide Water
Julia Maher
President
Michael Paul Company, Inc.
CSLB 386001, A, C-12, C34, C42, Exp. 10/2024
DIR 1000003020, Exp. 6/2025
1200 Casa Grande Road, Petaluma, CA 94954
Tel. (707) 769-1006 Fax (707) 769-0650
Exhibit B
BONDFORMS
Required for contracts over $25, 000.
Pickleweed Childcare Sewer Line Installation Up to $200,000 Contract
Bond Forms
Approved by City Attorney, dated 03/28/2022
Bond No100348440
Payment Bond
City of San Rafael ("City") and Michael Paul Company, Inc. ("Contractor") have entered into a
contract, dated August6 1 2024 ("Contract") for work on the Pickleweed Childcare
Sewer Line Installation ("Project"). The Contract is incorporated by reference into this Payment
Bond ("Bond").
1. General. Under this Bond, Contractor as principal and Merchants National Bonding, Inc.
its surety ("Surety"), are bound to City as obligee in an amount not less than
S 31 �,1800 , under California Civil Code sections 9550, et seq.
THIRTY ONE THOUSAND EIGHT HUNDRED EIGHTEEN AND 001100
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: Merchants National Bonding, Inc.
Address: PO Box 14498
City/State/Zip: Des Moines, IA 50306
Phone: (515)243-8171
Fax:
Email:
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.
Pickleweed Childcare Sewer Line Installation 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 August 7
2024. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Merchants National Bonding, Inc.
Business Name
s/—
Troy Staples, Attorney -in -fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Michael Paul Company, Inc.
Business Name
s/
Name/Title
s/
Name/Title
APPROV BY CI
s/
RO ERT F. EPS EI ,City Attorney
END OF PAYMENT BOND
Pickleweed Childcare Sewer Line Installation
c (z 7&
Date
Approved by City Attorney, dated 03/28/2022
Up to $200,000 Contract
Payment Bond
Bond No100348440
Performance Bond
City of San Rafael ("City") and Michael Paul Company, Inc. ("Contractor") have entered into a contract,
dated August lB 2024 ("Contract") for work on the Pickleweed Childcare Sewer Line
Installation ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and Merchants National Bonding. Inc , its
surety ("Surety"), are bound to City as obligee for an amount not less than $ 31 816 00 'N"IT' ONE THOUSAND GHT
HUNDRED EIGHTEEN ANDI 0/100
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond.
2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
Surety waives any requirement to be notified of and further consents to any alterations to the
Contract made under the applicable provisions of the Contract documents, including changes to the
scope of Work or extensions of time for performance of Work under the Contract. Surety waives
the provisions of Civil Code sections 2819 and 2845.
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:
Pickleweed Childcare Sewer Line Installation Up to $200,000 Contract
Performance Bond
Approved by City Attorney, dated 03/28/2022
Attn: Merchants National Bonding, Inc.
Address: PO Box 14498
City/State/Zip: Des Moines, IA 50306
Phone: (515)243-8171
Fax:
Email:
7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this
Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be
responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond.
Effective Date; Execution. This Bond is entered into and effective on August 7
2024 . Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Merchants National Bonding, Inc.
Business Name
s/
Troy Staples, Attorney -in -fact
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Michael Paul Company, Inc.
Business Name
s/
Name/Title
APPROVED BY C
s/
ROBERT F EPS EIN, ity Attorney
27 1�
Date
END OF PERFORMANCE BOND
Pickleweed Childcare Sewer Line Installation
Approved by City Attorney, dated 03/28/2022
Up to $200,000 Contract
Performance Bond
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of
County of
1
On this day of I in the year before me personally come(s)
to me known and known to me to be the person(s) who (is) (are) described in
and executed the foregoing instrument and acknowledge(s) to me that he/she executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of )
County of )
On this day of in the year before me personally come(s)
a member of the co -partnership of
to me known and known to me to be the person who is described in and
executed the foregoing instrument and acknowledges to me that he/she executed the same as for the act and deed of the said co -partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State of
County of
On this day of in the year I before me personally come(s)
, to me known, who, being duly swom, deposes and says that he/she is
the of the
the corporation described in and which executed the foregoing instrument; that he/she knows the seal
of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said
corporation, and that he/she signed his/her name thereto by like order.
Notary Public
ACKNOWLEDGMENT OF SURETY
State of Minnesota )
County of Dakota )
On this 7th day of August • in the year 2024, before me personally come(s) Troy Staples, Attomey(s)-in-Fact of Merchants National Bonding,
Inc. with whom I am personally acquainted, and who, being by me duly swom, says that he/she is (are) the Attorney(s)-in-Fact of Merchants National
Bonding, Inc. company described in and which executed the within instrument; that he/she know(s) the corporate seal of such company; and that seal
affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he/she signed
said instrument as Attomey(s)-in-Fact of the said company by like order. ,^
Y
PAA";ten"• : LISA M. FRANCOUR
Pv)t". Notary PUbIIC
NOTARY PUBLIC •MINNESOTA
W�My Commission Expires Jan. 31. 2025
MERCHANT-'%N\
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the
"Companies") do hereby make, constitute and appoint, individually,
Jennifer Boyles; Joel Krech; Nick Denn; Nick Hochban; Sam Kemp; Thomas G Kemp; Thomas M Lahl; Troy Staples; Zachary Pate
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of
Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February 2024
••""""•• • • "' • • MERCHANTS BONDING COMPANY (MUTUAL)
�;oG CQ, - MERCHANTS NATIONAL BONDING, INC.
•
'��•�POtLR?1P0 A� •� ••• • A PO 9'•.0 • d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
'•.o .� O•p• .
co
v 2003 io :y 1933 e: By
i4
••'••iJ •• • '* • President
STATE OF IOWA l '..•' •. • ;r ..'
COUNTY OF DALLAS ss.
On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
A,'?' A(S Penni Miller `
F
z P Commission Number 787952
• • My Commission Expires
rOWP January 20, 2027
(Expiration of notary's commission does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7th day of August 2024
•••.......••
.Z ..aRPOR,4� oZQ.;• �•�O J�APOg4�9y�: !�/ . e%/
Olt
2003 19�3 ' c� Secretary
.0%
POA 0018 (1 /24) """"'•• • • • • •
Pickleweed Childcare Sewer Line Installation 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: 'n n�(
I am the �r� 5(C l [title] of (�i� ' f A �.i�� & I (VV—,
[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.
declare under penalty of perjury under the laws of th Stg e of California that the foregoing is true and
correct and that this declaration is executed on I2 [date], at
��� .1 [city], EE state].
s/
AA , 0 tl e-'r
Name [print]
END OF NONCOLLUSION DECLARATION
Pickleweed Childcare Sewer Line Installation 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.
Pickleweed Childcare Sewer Line Installation 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
M
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
Addendum
#05
#06
#07
#08
END OF BID SCHEDULE
Pickleweed Childcare Sewer Line Installation
Approved by City Attorney, dated 3/28/2022
Date Received:
Up to $200,000 Contract
Biel Schedule
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
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.
Pickleweed Childcare Sewer Line Installation Up to $200,000 Contract
Subcontractor List
Approved by City Attorney, dated 3/28/2022
RAFq�`
1
i a
Ty WITH P �
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Shannon Mackle (for Omar Garcia) Extension: 3353
Contractor Name: Michael Paul Company, Inc.
Contractor's Contact: Julia Maher Contact's Email: mpc.jmaher@gmail.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
Click here to
❑
1
Project Manager a. Email PINS Introductory Notice to Contractor
enter a date.
b. Email contract (in Word) and attachments to City
7/2/2024
Attorney c/o Laraine.Gittens@cityofsanrafael.org
City Attorney a. Review, revise, and comment on draft agreement
❑X SM
2
7/15/2024
and return to Project Manager
7/15/2024
❑X NT
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
Department Director Approval of final agreement form to send to
7/25/2024
® NT
3
❑X AM
contractor
Project Manager Forward three (3) originals of final agreement to
4
7/25/2024
contractor for their signature
Project Manager When necessary, contractor -signed agreement
K N/A
5
agendized for City Council approval *
*City Council approval required for Professional Services
(]
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
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
8/21/24
SM
Attorney with printed copy of this routing form
f
City Attorney Review and approve hard copy of signed
agreement
8 City Attorney Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
lll
C�
9 City Manager / Mayor Agreement executed by City Council authorized
official
O
14✓z►
10 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager