Loading...
HomeMy WebLinkAboutPW Downtown Library HVAC UpgradesCITY 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 Matrix HG, Inc. ("Contractor"), a California corporation. for work on the City's Downtown Library HVAC Upgrades ("Project"), and is effective on 10 ("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 class ification(s): C-20 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 $134,112 (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. Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 Page 1 Approved by City Attorney, dated 03/28/2022 4. Time for Completion. Contractor will fully complete the Work within 15 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-VIII or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 9.1 Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act. If Contractor is self -insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage. 9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 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 pertainNng 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 Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 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 Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 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. Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 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: 415-686-4666 Attn: Omar Garcia, Facility Repair Supervisor Email: omar.garcia@cityofsanrafael.org Contractor: Name: Matrix HG, Inc Address:115 Mason Circle Suite B City/State/Zip: Concord, CA 94520 Phone:707-586-9200 Attn: Frank Villa Email: fvilla@matrixhginc.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 Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 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.] Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 Page 7 Approved by City Attorney, dated 03/28/2022 The parties agree to this Contract as witnessed by the signatures below: CITY: K—) sl J ,4�C CRIS LILOVICH, City Manager Date: of ('5 1Z Attest: s/ � .^- LINDSAY LARA, City Clerk Date: q I 12A-bq Approved to for s/ -S RO ERT F. PST�-7 , City Attorney Date: G CONTRACTOR: 1 i \Gcl-�C�►:_ T,v1C. Business Name s/ Name/Title Date:12� ZK sl Ile 'Doe\ C7 "-9bW , CW Name/Title Date: ) (-z gJLy 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 Downtown Library HVAC Upgrades City Project #: 11439-01-120 Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Page 8 Exhibit A SCOPE OF WORK Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 Scope of Work Approved by City Attorney, dated 03/28/2022 MATRIXHG BUILDING SOLUTIONS, Exhibit A July 16, 2024 City of San Rafael 1100 E Street San Rafael, CA 94901 Attention Omar Garcia Reference: Library Breakroom Expansion H Bid# JV-2024-65 Rev3 1100 E Street San Rafael, CA 94901 Subject: Proposal for HVAC Systems We are pleased to offer the following proposal for the HVAC work for the above referenced project. This proposal is in accordance the following clarifications, scope, exclusions, terms and conditions: HVAC Project Clarifications: A. We assume structure is adequate to support weight of new HVAC systems. Any additional building structural upgrades for new HVAC equipment to be by others. B. We assume all existing mechanical equipment is adequately sized and will not require upsizing. C. We assume all existing mechanical equipment has Carrier I-Vu controls and will reuse existing controls D. We assume all existing piping and ducting is in working condition, sized accordingly, and will not required resealing, insulation repairs, and or upsizing. E. We exclude all fire life safety work including, global shutdown and wiring interlock, life safety testing, and associated permits and fees. F. Any exposed ductwork will not be wrapped or lined. G. We exclude all scanning, coring, patching, painting, and any other carpentry work. H. All concrete pads, housekeeping pads, sleepers, and roofing by others. I. We exclude scaffolding. We assume GC will provide scaffolding where required for access. J. All work to be performed during normal business hours (6:OOam to 3:OOpm). MATRIXHG BUILDING SOLUTIONS - II. HVAC Scope of Work (Air Handler Relocation): A. Isolate equipment for safety B. Disconnect hydronic heating, chilled water piping, ductwork, electrical, and condensate drain piping C. Drop unit from ceiling and move to new mechanical room (Will require use of an articulating to access fan coil) D. Install existing fan coil in mechanical room (suspended from ceiling) E. Reconnect existing hydronic heating, chilled water piping, supply ductwork and electrical; add as needed F. Fabricate and install new supply and return plenums G. Cut in and frame return opening at shared wall from mechanical room to lobby H. Install return grille in new opening I. Install return ducting from plenum to new return grille J. Install new condensate drain line and pipe outside of mechanical room into planter area K. Start up and test operations L. Perform air balance to affected system III. HVAC Scope of Work (Ductless Split Install): A. Install (1) 2 ton condensing unit on roof via crane B. Install (1) 2 ton wall mounted fan coil unit in breakroom C. Core through concrete ceiling, install sheet metal pelican hood, and roof in pelican hood D. Install refrigerant piping from condenser to fan coil E. Install electrical conduit and wiring from breaker to condensing unit F. Install power and control wiring from condenser to fan coil G. Install condensate pump and drain piping up to roof and terminate at nearest roof drain H. Install thermostat I. Start up and test equipment IV. Add/Alt#1: Dispose of existing fan coil unit and replace with new MATRIXHG BUILDING SOLUTIONS- V. Project Exclusions: A. Overtime B. Permit fees, plan check fees, or any other city fees C. Air balance and/or T24 acceptance testing D. 3rd party commissioning E. Mechanical engineering F. Structural engineering, supports, carpentry or framing G. Cutting, patching, and painting of walls, floors, roof, etc. H. Electrical work (other than reconnection at units) I. Plumbing work J. Fire life safety work including fire safing and caulking K. Repair, adjustment, or warranty of any existing equipment L. Access doors in finished surfaces M. Duct pressure testing N. Scaffolding O. Identification, testing, removal, or abatement of hazardous materials P. Anything other than stated above MATRIXHG BUILDING SOLUTIONS - VI. HVAC Pricing: A. The price to furnish and install the HVAC scope as described above is as follows: i. Scope of work as stated above during regular business hours ........ $1171968 1. Cost Breakdown: a. Air Handler Relocation i. Labor: $53,066 ii. Material: $10,480 iii. Rental: $4,200 iv. Subs: $14,450 v. Bonds: $3,300 b. Ductless Split Install i. Labor: $8,882 ii. Equipment: $7,217 iii. Material: $3,143 iv. Subs: $13,230 ii. Scope of work as stated above AFTER regular business hours ......... $130,831 1. Cost Breakdown: a. Air Handler Relocation i. Labor: $63,929 ii. Material: $10,480 iii. Rental: $4,200 iv. Subs: $16,450 v. Bonds: $3,300 b. Ductless Split Install i. Labor: $8,882 ii. Equipment: $7,217 iii. Material: $3,143 iv. Subs: $13,230 VII. Add/Alt Pricing A. Add/Alt#1: Dispose of existing air handler and replace with new i. Scope of work as stated above.............................................(ADD) $16,144 f MATRIXHG BUILDING SOLUTIONS, I hope this meets with your approval. Please do not hesitate to call if you have any questions. Sincerely, Frank Villa Regional Vice President Matrix HG Inc. Lic. #812232 10 Commercial Blvd, #100 Novato, CA 94949 MATRIXHG BUILDING SOLUTIONS - TERMS AND CONDITIONS GENERAL CONDITIONS A. Each sentence or paragraph of the Terms and Conditions of the Agreement between Customer and Contractor — Proposal for Services shall be construed as an express term or conditions of this Contract. B. Issuance of Purchase order or other communications by Customer authorizing Contractor to perform the Scope of Work will constitute acceptance of each and every term and condition of this Contract. Any additional terms or conditions stated in Customers Purchase Order, or other communication accepting this Contract shall not be valid under any circumstances unless specifically approved by written response of Contract. Failure to respond by Contractor shall be deemed a denial of any additional terms or conditions stated in Customer's acceptance. C. Contractor shall comply with Federal, State and Local laws. D. Any claim against Contractor alleging any breach of this Contract or asserting negligence by Contractor must be initiated no later than (1) year after Contract Completion. E. Contract Completion shall be on the date on which Contractors work is completed, as distinguished from the date of Customer's Acceptance thereof. F. Contractor shall advise Customer of the completion of the work. Upon Customer's prompt inspection and notice to Contractor of any work not in accordance with this Contract, Contractor will correct such work. Customer's inspections shall be performed in sequence with Contractor's work process, so as to avoid delay. If Customer fails to give such notice to Contractor within seventy-two (72) hours from notice of Contract Completion, Contractor's performance shall be deemed to be completed. G. If Contractor claims it is required to change the method, manner, or sequence of construction, Contractor shall notify the Customer in writing of such claim and if requested, Contractor shall provide Customer with a brief report. Contractor reserves the right to obtain a reasonable Change Order for costs or work associated with such changes. H. Contractor shall maintain Worker's Compensation and General Liability insurance in limits required by state law. Contractor will furnish appropriate Insurance Certificates as requested. Owner agrees that Contractor's total liability shall not exceed the total amount recoverable from the coverage specified by such Insurance Certificates. I. Contractor accepts no liability to indemnify or hold Customer harmless for claims or damages to persons or property, except to the extent that such damages occur during performance of Contractor's work, and are the direct result of Contractor's negligent error or omission. Customer understands and agrees that Contractor shall have no responsibility at any time after completion of the work for damages of any kind to persons or property. J. Contractor assumes no responsibility for design, structural adequacy, or compliance of the structure with building codes. If "professional" design services are necessary, Customer shall be MATRIXHG BUILDING SOLUTIONS, responsible for the results of such services, whether or not such services are provided in relationship to this Contract. K. Contractor is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures. Structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory, disconnect switches, and circuit breakers. Contractor is not responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, vandalism, obsolesce, building system design, damage dur to freeing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, any damages related to the presence of mold, fungi, mildew, or bacteria damages caused by power reduction or any other cause beyond Contractor's control. Contractor shall not be required to repair or replace equipment that has not been properly maintained. L. Contractor is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. In the event that Contractor encounters any of these hazardous materials in the course of performing the work, Contractor may suspend its work and remove its employees from the project until such product or hazardous material and any additional hazardous material connected with it are abated. Contractor shall receive an extension of time to complete its work and compensation for delays encountered as a result of such situation and its correction. Contractor shall not be required to perform tests, install any items of equipment, or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Contractor, at its option may submit a proposal for Customer's consideration in addition to this Agreement. M. The price for this Contract includes Contractor's labor, trade work, supervision, equipment, and materials necessary to perform the Contract according to conditions which could be reasonably anticipated by HVAC tradespersons visually examining the job site. If latent conditions cause delay or requi9re unanticipated cost or expense in the performance of the Contract, Contractor shall promptly notify Customer of such conditions in writing. Contractor shall charge for such additional services or rework, and be compensated as authorized by a change order to this Contract. N. The Contract Price is based on Contractor's estimated cost and expense in effect as of this proposal date. Should costs or expenses not underthe control of the Contractor increase during the performance of Contractor's work, Contractor shall promptly notify Customer of its additional cost or expense. Contractor shall charge for such additional costs and expenses, and be compensated as if authorized by a Change Order to this Contract. O. Customer shall not require Contractor to become a party to or comply with any terms or conditions of any collective bargaining agreement. MATRIXHG BUILDING SOLUTIONS. DUTIES AND RESPONIBILITIES OF OWNER P. Customer represents to Contractor that the building and the roof deck on which the installation is to be made is in a sound, load -bearing conditions, sufficient for the project conditions for Contractor's work. Customer represents that the building's structure will be adequate for Contractor's work. Customer will inform Contractor in writing of any latent or other conditions which could affect the Contractor's work. Q. Customer shall provide the following: a. Safe and reasonable equipment access and a safe work environment. b. Permit access to Customer's site and use of building services including but not limited to: water, elevators, receiving dock facilities, electrical service, and local telephone service. c. Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls, partitions, or furniture that may be necessary to perform the specified service. d. Promptly notify contractor of any unusual operating conditions. e. Upon agreement of a timely mutual schedule, allow Contractor to stop and start equipment necessary to perform service. f. Provide adequate water treatment. g. Provide the daily routine equipment operations (if not part of this Agreement) including availability of routine equipment log readings. h. Where Contractor's remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability. i. Promptly address any issues that arise related to mold, fungi, mildew, or bacteria. PAYMENT R. Payment shall be made net 30 days from date of invoice. Contractor reserves the right to require cash payment or other alternative method of payment prior to the completion of work if Contractor determines, in its sole discretion, that Customer or Customer's assignee's financial condition at anytime does not justify continuance of the net 30 payment term. In addition to the Contract price, Customer shall pay any applicable taxes or government changes that may be required in connection with the service or material furnished under this Agreement. MATRIXHG BUILDING SOLUTIONS - WARRANTY S. Contractor warrants that all service provided under this Agreement shall be performed in a workmanlike manner. Contractor also warrants that all parts or components supplied hereunder shall be free from defects in material and workmanship. Matrix HG Inc will provide the labor without charge to replace parts and components sold and installed by Matrix HG Inc that becomes defective within 90days of installation date, parts and component warranties from manufacturer may apply. On new unit installations the warranty will be 1 year on labor, parts, and equipment components, provided that they were not damaged, abused, or affected by chemical properties. Contractor shall not be liable for repairs required as a consequence of faulty installation (by others), misapplication, abuse, improper servicing, unauthorized alteration or improper operation. Any claim for defective workmanship must be provided to Contractor in writing. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Contractor's obligation to repair, replace, or issue credit for any defective equipment, components or service shall be customer's exclusive remedy. EQUIPMENT CONDITIONS & RECOMMENDED SERVICE T. Upon the initial scheduled preventative maintenance or annual maintenance, should Contractor determine the need for repairs or replacement, Contractor will provide Customer in writing an "equipment conditions" report including recommendations for corrections and the price for repairs in addition to this agreement. In the event Contractor recommends certain services that are not included herein or upon initial inspection, and if Customer does not elect to have such services properly performed in a timely fashion, Contractor shall not be responsible for any equipment or control failures, operability, or any long-term damage that may result. Contractor at its own option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly. EXCLUSIONS U. Unless specifically addressed in the Scope of Services, the following items will be excluded: pre- existing conditions, code compliance improvements to the existing HVAC, permits, Title 24 calculations, engineering, structural calculations, or modifications, building life -safety tie in, MATRIXHG BUILDING SOLUTIONS - overtime labor, line voltage power wiring, gas/condensate piping, patching/sealing of penetrations and anything other than stated in the Scope of Services. Anything not specifically listed as included herein shall be known by the parties as excluded from this proposal. CONTRACT EXECUTION V. This contract signed by both parties constitutes a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms, except as modified by written Change Orders agreed to by each party to this agreement. W. Should this Contract conflict with project specifications, this Contract shall govern. Should the Scope of Work conflict with the Manufacturer's Specifications, the Scope of Work shall govern. Should Drawings prepared by Contractor conflict with Manufacturer's Standard Construction Details, the Contractor's Drawings shall govern. Exhibit B BONDFORMS Required for contracts over $25, 000. Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 Bond Forms Approved by City Attorney, dated 03/28/2022 Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares I am the 111F0 [title] of M64f 1 x 14,6r ,ZnL [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 the State of California that the foregoing is true and correct and that this declaration is executed on [date], at Irr [city], -4 [state]. Ir s/ -- Name [print] END OF NONCOLLUSION DECLARATION Downtown Library HVAC Upgrades City Project #.- 11439-01-120 Approved by City Attorney, dated 3/28/2022 Up to $200,000 Contract Noncollusion Declaration Exhibit D BID SCHEDULE This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.) 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. Downtown Library HVAC Upgrades Up to $200,000 Contract City Project #: 11439-01-120 Bid Schedule Approved by City Attorney, dated 3/28/2022 This Bid Proposa! is hereby submitted on s/ s/ Company Name Address City, State, Zip Contact Name rM Name and Title Name and Title License #, Expiration Date, and Classification DIR Registration # Phone Contact Email Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received Addendum Date Received: #01 #05 #02 #06 #03 #07 #04 #08 END OF BID SCHEDULE Downtown Library HVAC Upgrades City Project #: 11439-01-120 Approved by City Attorney, dated 3/28/2022 Up to $200,000 Contract Bid Schedule Exhibit E SUBCONTRACTOR LIST r each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 of e bidder's total Contract Price,' the bidder must list a description of the Work, the name of the Subc ntractor, its California contractor license number, the location of its place of business, its DIR registr ion number, and the portion of the Work that the Subcontractor is performing based on a percents a of the Base Bid price. DESCRIPTION OF WORK S BCONTRACTOR NAME CALIFORNIA LOCATION OF DIR REG. NO. PERCENT CONTRACTOR BUSINESS OF LICENSE NO. _ WORK 1- I END OF SUBCONTRACTOR LIST ' For street or highway construction this requirement applies to any subcontract of $10,000 or more. Downtown Library HVAC Upgrades City Project #: 11439-01-120 Approved by City Attorney, dated 3/28/2022 Up to $200,000 Contract Subcontractor List 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 _ Electrical EKR Electric 810029 Santa Rosa, CA 2000002776 3% Insulation Bayside Insulation 991280 Concord, CA 1000015210 2% Rigging Precision Crane 440078 Windsor, CA 1000013875 <1 % Balance NABCO 348633 Fremont, CA 1000005563 2% Roofing Western Roofing 180533 San Leandro, CF 1000000717 2% Framing RGC Construction 1063225 Concord, CA PW-LR-1001127357 3% END OF SUBCONTRACTOR LIST ' For street or highway construction this requirement applies to any subcontract of $10,000 or more. Downtown Library HVAC Upgrades City Project #: 11439-01-120 Up to $200,000 Contract Subcontractor List Approved by City Attorney, dated 3/28/2022 Bond No: 9461703 Premium $1,345.00 is for the contract term and Performance Bond is subject to adjustment based on final contract price City of San Rafael ("City") and Matrix HG, Inc. ("Contractor") have entered into a contract, dated , 20 ("Contract") for work on the Downtown Library HVAC Upgrades ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). General. Under this Bond, Contractor as Principal and Fidelity and Deposit company of Maryland, its surety ("Surety"), are bound to City as obligee for an amount not less than $ 134,112.00 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. 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: Downtown Library HVAC Upgrades City Project #: 11439-01-120 Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 Attn: Shannon Alvarez Address: 9171 Towne Centre Dr. Suite 100 City/State/Zip: San Diego CA 92122 Phone: 800-321-4696 Fax: 858-452-7530 Email: Shan non.Alvarez@MarshMMA.com Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on August 28 20 24 . Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Fidelity and Deposit Company of Maryland Business Name s/ �l— Shannon Alvarez Attomey-in-Fact Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Matrix HG, Inc. (I Business Name s/ - i O�4 Name/Title r s/ le v\ Name/Title APPROVED BY CITY: s/ 4 —/,\� ---.,> RO RT F. EFbSTEIN,A Attorney END OF PERFORMANCE BOND Downtown Library HVAC Upgrades City Project #: 11439-01-120 Approved by City Attorney, dated 03/28/2022 Date Up to $200,000 Contract Performance Bond STATE OF FLORIDA COUNTY OF HIL,LSBOROUGH The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, thisZ�J-h day of 2024, by Shannon Alvarez [SEAL] Notary SARAHJOHNSON MY COMMISSION #HH343874 EXPIRES: JAN 03, 2027 Bonded through 1 st State Insurance Signat re of Notary Public Personally Known: X OR Produced Identification: Type of Identification Produced: CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of (P/1hly, COSH. ) On VOLC LAk �U- 202H before me, Y-f��/lt� Stl�l�► r Y1yI fi) //, jj(here insert name and title oft e officer) personally appeared (�Ct4 f iYo (tr A 4:-S-d1'MS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he{s ie/they executed the same in 4W.1aw/their authorized capacity(ies), and that by hisAw#their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0Jdh&JJ amy ASHLEY SILVA Notary Public • California Contra CostaCounty commission N 2471112 Comm. Expires Nov 18, 2027 (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Persons) or Entity(ies) Sig nef is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page If Entry it Notary contact: Other ❑ Adaitional Signer(s) ❑ Signer(s)Thumbprint(s) © copyright 2007-2018 Notary Rotary, PO BDX 41400, Des Molnes, IA 5031 1-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. Bond No: 9461703 Payment Bond Premium included in the performance bond City of San Rafael ("City") and Matrix HG, Inc. ("Contractor") have entered into a contract, dated , 20_ ("Contract") for work on the Downtown Library HVAC Upgrades ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Fidelity and Deposit Company of Maryland , its surety ("Surety"), are bound to City as obligee in an amount not less than $ 134,1 12.00 , under California Civil Code sections 9550, et seq. 2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Shannon Alvarez Address: 9171 Towne Centre Dr. Suite 100 City/State/Zip: San Diego, CA 92122 Phone: 800-321-4696 Fax: 858-452-7530 Email: Shannon.Alvarez(a)MarshMMA.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. Downtown Library HVAC Upgrades City Project #: 11439-01-120 Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 7. Effective Date; Execution. This Bond is entered into and is effective on August 28th , 20 24. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Fidelity and Deposit Company of Maryland Business Name s/ & / — Shannon Alvarez, Attomey-in-Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Matrix HG, Inc. Business Name s/LL "4 Sor7 r GW Name/Title Name/Title APPROVED BY Cl R ERT F. EPST I , City Attorney END OF PAYMENT BOND Downtown Library HVAC Upgrades City Project #: 11439-01-120 Date �[ �3 /z I/ - Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Payment Bond STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, this Z'bill) day of {4yCJj J,5t" 2024, by Shannon Alvarez [SEAL] SARAH JOHNSON r Notary '_° �* MY COMMISSION #HH343874 F EXPIRES: JAN 03, 2027 Bonded through 1 st State Insurance SH-111ature of Notary Public Personally Known: X OR Produced Identification: Type of Identification Produced: CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of coyyn- - CC5; ) On t-4 3D -21�_ before me, 1 1�dl�A YID `f I PU 1 / � (here insert nffiame and title of tl a oer) personally appeared ��� C-�t'` eP can cavy,('lii i± 23 yMso ) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j9/are subscribed to the within instrument and acknowledged to me that hefAhe/they executed the same in Ws ei their authorized capacity(ies), and that by h44*=/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ASHLEY SILVA Notary Public • California Contra Costa County Commission # 2471112 �� •� My Comm. Expires Nov 18, 2027 (Seal) OptionaDniforma- ion Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ IndividLlal(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Persons) or Entity(ies) Signer is Representing Method of signer Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page ii Entry it Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) 0 copyright 2007-2010 Notary Rotary, PO Box 41400, Des Moines, IA 5031 1-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Marta COLLETT, Patricia WHITE, Tim MCCLELLAN, Shannon ALVAREZ, Denielle ENRIQUEZ and Kathleen VANDERSLICE, all of San Diego, California its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. f The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28th day of February. A.D. 2024. INSU C OQ o SEAL J o SEAL .... „ „ ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 28th day of February, A.D. 2024, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Moison GENEVIEVE M. MAISON =�PUBL1G n•= NOTARY PUBLIC ' =�9t'�.: BALTIMORE COUNTY, MD �, MuCommissift mRmiresJANUARY27.2025 l,,,,,,Csq,,`��, Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28th day of August 1 2024 . yaoa.,� ���NSUq'.,� `,��.oQoSd,Corgpa.,, fl, :Og9,c�' •`Q�. Pppq,��y, m `=`USEALmi° °:�SEALm=; njv SEAL Fo- _ =�: . 15 / �_ Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reportsfclaims a,zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 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 Fabiola Guillen Urfer) Extension: 3353 Contractor Name: Matrix FIG, Inc Contractor's Contact: Frank Villa Contact's Email: fvilla@matrixhginc.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 7/25/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X SM 2 City Attorney a. Review, revise, and comment on draft agreement 8/23/2024 and return to Project Manager 8/23/2024 ❑X NT b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor Approval of final agreement form to send to 0 NT 3 8/23/2024 ® AM Project Manager contractor Forward three (3) originals of final agreement to 4 8/23/2024 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement 0 N/A agendized for City Council approval * *City Council approval required for Professional Services 10 Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to PRINT Date of City Council approval enter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 9/3/24 SM 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 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) 3 9 City Manager / Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk r "� forwards copies to Project Manager lqlq