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HomeMy WebLinkAboutPW Windward Way Landfill Well InstallationsCITY 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 Haley & Aldrich, Inc. ("Contractor"), a Delaware corporation, for work on the City's Windward Way Landfill Well Installations ("Project"), and is effective on ("Effective Date"). The parties agree as follows: 1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This Project requires a valid California contractor's license for the following classification(s): C-57. Such license may be held by Contractor's driller in lieu of Contractor. 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 $200,000 (the "Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions contained herein. 3.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 4 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. 3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract. Windward Way Landfill Well Installations Up to $200,000 Contract Page 1 Approved by City Attorney, dated 03/28/2022 4. Time for Completion. Contractor will fully complete the Work within 1 year 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 $0 per day for each day of unexcused delay in completion. 6. Standard of Care. All Work must be provided in accordance with generally accepted practices of engineers and/or scientists performing the same type of work in the City of San Rafael under similar circumstances ("Standard of Care"). Contractor must promptly correct, at Contractor's sole expense, any Work that fails to meet this Standard of Care. Notwithstanding anything to the contrary contained herein or otherwise, no other warranty or guarantee, expressed or implied, shall attach to Contractor's professional services. 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 A. 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. B. Notwithstanding anything to the contrary contained herein, for Liability arising out of Contractor's professional services, to the fullest extent permitted by law, Contractor will indemnify, release, defend, and hold harmless City Indemnitees from and against any and all CLAIMS to the extent caused by the negligence, recklessness, or willful misconduct in the performance or non-performance of services under this Agreement by CONSULTANT, its employees, agents, or subconsultants, either as a sole or contributory cause. Further, CONSULTANT's defense obligation under this indemnification clause means only the reimbursement of reasonable defense costs to the extent of CONSULTANT's actual indemnification obligation under this subsection 8.13. 9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-Vill or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage corn/ 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 Windward Way Landfill Well Installations Up to $200,000 Contract Page 2 Approved by City Attorney, dated 03/28/2022 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. 9.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. 10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. 10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable'prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813. Contractor will forfeit to City as a penalty the sum Windward Way Landfill Well Installations Up to $200,000 Contract Page 3 Approved by City Attorney, dated 03/28/2022 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 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 performed in accordance with this Agreement 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 Windward Way Landfill Well Installations Up to $200,000 Contract Page 4 Approved by City Attorney, dated 03/28/2022 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 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 Windward Way Landfill Well Installations Up to $200,000 Contract Page 5 Approved by City Attorney, dated 03/28/2022 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. 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) 458-3773 Attn: Ryan Montes, Operations and Maintenance Manager Email: ryan.motes@cityofsanrafael.org Contractor: Name: Haley & Aldrich Address: 2033 N. Main Street, Suite 309 City/State/Zip: Walnut Creek, CA 94596 Phone: 925-949-1012 Attn: Michael Flanagan Email: mflanagan@haleyaldrich.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 direct and personal contractual relationship with City. 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. Windward Way Landfill Well Installations Up to $200,000 Contract Page 6 Approved by City Attorney, dated 03/28/2022 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 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.] Windward Way Landfill Well Installations Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Page 7 Windward Way Landfill Well Installations Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Page 8 The parties agree to this Contract as witnessed by the signatures below: CITY: ' ��_ S Cristine Alilovich(Dec 11, 202407:39 PST) CRISTINE ALILOVICH, City Manager Date: Dec 11, 2024 Attest: 92-enha Nukwi 6Uo ) g/ Brenna Nurmi(lorl!Dec 11,20240MOP Tr LINDSAY LARA, City Clerk Date: Dec 11, 2024 CONTRACTOR: HALEY & ALDRICH, INC. Business Name Tal n,cla NWee $/Patricia McKee (Nov 26, 202410:29 PST) Patricia McKee Name/Title Date: Nov 26, 2024 Samantha Swedick Name/Title Date: Dec 10, 2024 Approved as to form: Robonf F. Epstein Cy`/ Robert F Epstein (Dec 10, 02421:43 PST) ROBERT F. EPSTEIN, City Attorney Date: Dec 10, 2024 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 Windward Way Landfill Well Installations Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Page 9 Exhibit A SCOPE OF WORK Windward Way Landfill Well Installations Up to $200,000 Contract Scope of Work Approved by City Attorney, dated 03/28/2022 Exhibit A HALEY & ALDRICH, INC. 2033 N. Main Street 'CH Suite 309 FILOILL�.RWalnut Creek, CA 94596 925.949.1012 23 October 2024 File No. 0205949-000 City of San Rafael 111 Morphew Street San Rafael, California 94901 Attention: Jonathan Schellin Deputy Director —Admin Services Subject: Request for Additional Funding Bellam Boulevard Landfill 31 Windward Way San Rafael, California 94901 Ladies and Gentlemen: Haley & Aldrich, Inc. (Haley & Aldrich) is submitting to the City of San Rafael (City) this proposal to request additional funding for our services in connection with the installation of the California Code of Regulations (CCR) Title 27 perimeter landfill gas (LFG) monitoring network recently installed at the Bellam Boulevard Landfill located at 31 Windward Way in San Rafael, California (Site). Haley & Aldrich is currently contracted with the City under the following two agreements: Agreement for Professional Services for Windward Way Landfill Site Assessment and Gas Monitoring Well Installation (Installation PSA), dated 23 January 2023; and Agreement for Professional Services for Windward Way Gas Monitoring Services (Monitoring PSA), dated 26 August 2024. Due to additional regulatory requirements from the County of Marin Environmental Health Services Division, the California Local Enforcement Agency (LEA), and CalRecycle, as well as California Prevailing Wage contracting requirements, additional funding is required to complete the scope of services. Haley & Aldrich notes that some of the funding requested in this proposal has already been authorized by the City and incurred by us in order to maintain the Site's compliance with CCR Title 27. Additional Services Haley & Aldrich's additional services are described below. INSTALLATION PSA The following additional services are required for the installation of the Site's perimeter LFG probe monitoring network. n;k,vw.haie`/aldtich.tenn City of San Rafael 9 October 2024 Page 2 Task 1: Initial Monitoring Network Installation During installation of the Site's perimeter LFG monitoring network, Haley & Aldrich incurred additional costs due to an extended field effort resulting from response to the LEA requirements and their onsite oversight throughout the duration of the installation activities. This extended effort increased our subcontractor fees (driller, utility locator, traffic control) and labor costs. In addition, Haley & Aldrich was required to revise and resubmit the initial work plan to address the LEA's comments. A further increase in the subcontractor fees is also required as the Site's field activities are subject to California prevailing wage requirements. Task 2: Additional LFG Well Installations During the initial installation event, waste mass was encountered at two of the proposed locations. Due to this, two additional wells are needed to complete the perimeter LFG monitoring network. Under this task, Haley & Aldrich will coordinate and oversee the installation of these two LFG wells, which includes: • Preparing and submitting to the LEA for review and approval the Work Plan Addendum, dated 11 September 2024; • Obtaining well drilling permits from the Marin County Environmental Health Services; • Obtaining an encroachment permit from the City's Department of Public Works; • Subcontracting a private utility locator to survey the drilling locations for the presence of underground utilities; • Subcontracting and overseeing a California C-57 licensed driller install two LFG wells; • Subcontracting traffic control during the field activities; • Surveying the LFG well locations and elevations; and • Preparing a report for submittal to the LEA documenting the completed field activities. City of San Rafael 9 October 2024 Page 3 Additional Estimated Fee Haley & Aldrich will perform the above services on a time and materials basis in accordance with the Monitoring PSA. Our total requested additional fee is $200,000, as detailed in the table below, thereby increasing our total contracted fee from $58,700 to $258,700. Contract Initial Budget Budget Increase Total $89,770 Installation PSA Task 1: Initial Monitoring $58,700 $148,470 Labor-$12,000 Network Installation Expenses-$77, 770 Installation PSA Task 2: Additional LFG Well $51,I $51,530 Installations TOTAL $58,700 $200,000 $200,000 Authorization If the above arrangements are satisfactory to you, we understand the City will issue an Agreement for Professional Services that references this proposal. When accepted by Haley & Aldrich, this Agreement for Professional Services together with this proposal will constitute our Agreement. AWAICH City of San Rafael 9 October 2024 Page 4 Closing We appreciate the opportunity to submit this proposal and look forward to our association with you on this project. Please contact the undersigned if you wish to discuss this proposal or any aspect of the project. Sincerelyyours, HALEY & ALDRICH, INC. X Michael FI agan Environ ental Scientist 'Jason Grant, P.E. (CA) Program Manager ALDRICH Exhibit B BONDFORMS Required for contracts over $25, 000. Windward Way Landfill Well Installations Up to $200,000 Contract Bond Forms Approved by City Attorney, dated 03/28/2022 Payment Bond City of San Rafael ("City") and Haley & Aldrich, Inc. ("Contractor") have entered into a contract, dated , 20("Contract") for work on the Windward Way Landfill Well Installations ("Project'). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and its surety ("Surety"), are bound to City as obligee in an amount not less than $ , under California Civil Code sections 9550, et seq. 2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. S. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Address City/State/Zip. Phone: Fax: Email 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. Windward Way Landfill Well Installations 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 20_. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY Business Name s/ Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Business Name s/ Name/Title s/ Name/Title APPROVED BY CITY: s/ ROBERT F. EPSTEIN, City Attorney Date END OF PAYMENT BOND Windward Way Landfill Well Installations Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 Performance Bond City of San Rafael ("City") and Haley & Aldrich, Inc. ("Contractor") have entered into a contract, dated 20 ("Contract") for work on the Windward Way Landfill Well Installations ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and I its surety ("Surety"), are bound to City as obligee for an amount not less than S 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. 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: Windward Way Landfill Well Installations Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 Attn Address: _ City/State/Zip Phone: Fax: Email 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's 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 20 . Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Business Name s/ Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Business Name s/ Name/Title s/ Name/Title APPROVED BY CITY s/ ROBERT F. EPSTEIN, City Attorney Date END OF PERFORMANCE BOND Windward Way Landfill Well Installations Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 Bid Bond ("Bidder") has submitted a bid, dated 20 ("Bid"), to the City of San Rafael ("City") for work on the ("Project'). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and , its surety ("Surety"), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents ("Contract Documents"); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Award. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn Address: City/State/Zip: Phone: Fax: Email: 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. [Signatures are on the following page.] Windward Way Landfill Well Installations Up to $200,000 Contract Bid Bond Approved by City Attorney, dated 3/28/2020 This Bid Bond is entered into and effective on 20 SURETY: Business Name s! Name, Title Date (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: Business Name s/ Name, Title Date END OF BID BOND Windward Way Landfill Well Installations 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: am the Corporate Secretary [title] of Haley & Aldrich, Inc. [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Nov26,2024 [date], at Oakland [City], CA [state]. Tatn'cra Mc Kee S/ Patricia McKee (Nov 26.202410:29 PST) Patricia McKee Name [print] END OF NONCOLLUSION DECLARATION Windward Way Landfill Well Installations 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 CIF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.) BID ITEM UNIT EXTENDED NO. ITEM DESCRIPTION EST. QTY. UNIT COST TOTAL AMOUNT TOTAL BASE BID: Items 1 through inclusive Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form Windward Way Landfill Well Installations Up to $200,000 Contract Bid Schedule Approved by City Attorney, dated 3/28/2022 This Bid Proposal is hereby submitted on , 20_ s/ s/ Company Name Address City, State, Zip Contact Name 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 Windward Way Landfill Well Installations Up to $200,000 Contract Bid Schedule Approved by City Attorney, dated 3/28/2022 Exhibit E SUBCONTRACTOR LIST For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTIOOF WORK N SUBC NAME SUBCONTRACTOR CONTRACTOR CAUFORNIA I LOCATION BUSINESSS F I DIR REG. NO. I PERCENTWOF ORK LICENSE NO. END OF SUBCONTRACTOR LIST 'For street or highway construction this requirement applies to any subcontract of $10,000 or more Windward Way Landfill Well Installations Up to $200,000 Contract Subcontractor List Approved by City Attorney, dated 3/28/2022 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackie (for Jonathan Schellin) Extension: 3353 Contractor Name: Haley & Aldrich Contractor's Contact: Michael Flanagan Contact's Email: mflanagan@haleyaldrich.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 10/14/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ®SM 2 City Attorney a. Review, revise, and comment on draft agreement 10/21/2024 and return to Project Manager 10/21/2024 ® NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor © NT 3 Department Director Approval of final agreement form to send to 10/22/2024 © AM contractor Project Manager Forward three (3) originals of final agreement to 4 10/22/2024 contractor for their signature ~ ❑X N/A 5 Project Manager When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to PRINT Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY enter a date. 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager PW Contract - Windward Way Well Installations 2024 Final Audit Report Created: 2024-11-26 By: Shannon Mackle (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA7UdDhFiVg7uHVgpSgWlVkHcholonPfyj 2024-12-11 TW Contract - Windward Way Well Installations 2024" History Document created by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-11-26 - 6:02:28 PM GMT- IP address: 199.88.113.8 17-y Document emailed to Patricia McKee (pmckee@haleyaldrich.com) for signature 2024-11-26 - 6:08:00 PM GMT 1• Document shared with Jonathan Schellin Conathans@cityofsanrafael.org) by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-11-26 - 6:08:17 PM GMT- IP address: 199.88.113.8 Email viewed by Patricia McKee (pmckee@haieyaldrich.com) 2024-11-26 - 6:26:42 PM GMT- IP address: 23.93.177.208 b© Document e-signed by Patricia McKee (pmckee@haleyaldrich.com) Signature Date: 2024-11-26 - 6:29:41 PM GMT - Time Source: server- IP address: 23.93.177.208 Eay Document emailed to Samantha Swedick (sswedick@haleyaidrich.com) for signature 2024-11-26 - 6:29:43 PM GMT Email viewed by Samantha Swedick (sswedick@haleyaldrich.com) 2024-11-26 - 6:38:18 PM GMT- IP address: 13.89.233.158 E7+ New document URL requested by Samantha Swedick (SSwedick@haieyaidrich.com) 2024-12-10 - 7:03:10 PM GMT- IP address: 65.192.49.194 Email viewed by Samantha Swedick (sswedick@haleyaldrich.com) 2024-12-10 - 7:04:14 PM GMT- IP address: 65.192.49.194 69 Document e-signed by Samantha Swedick (sswedick@haieyaidrich.com) Signature Date: 2024-12-11 - 0:10:07 AM GMT - Time Source: server- IP address: 73.123.174.37 SAN RAFAEL I Adobe "� Acrobat Sign P'4 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-12-11 - 0:10:10 AM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-12-11 - 0:53:36 AM GMT- IP address: 104.47.65.254 6© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-12-11 - 0:59:01 AM GMT - Time Source: server- IP address: 199.88.113.8 E-► Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-12-11 - 0:59:04 AM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-12-11 - 5:43:11 AM GMT- IP address: 24.5.134.43 i;t Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-12-11 - 5:43:41 AM GMT- IP address: 24.5.134.43 d0 Document e-signed by Robert F. Epstein(rob.epstein@cityofsanrafael.org) Signature Date: 2024-12-11 - 5:43:43 AM GMT - Time Source: server- IP address: 24.5.134.43 E'y Document emailed to city.clerk@cityofsanrafael.org for approval 2024-12-11 - 5:43:45 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-12-11 - 3:38:14 PM GMT- IP address: 104.47.65.254 &G Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-12-11 - 3:38:21 PM GMT- IP address: 199.88.113.8 6m Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) Approval Date: 2024-12-11 - 3:38:23 PM GMT - Time Source: server- IP address: 199.88.113.8 04 Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-12-11 - 3:38:25 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-12-11 - 3:38:42 PM GMT- IP address: 71.198.110.147 d© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-12-11 - 3:39:02 PM GMT- IP address: 71.198.110.147 b© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) l Signature Date: 2024-12-11 - 3:39:04 PM GMT - Time Source: server- IP address: 71.198.110.147 I Cam, Document emailed to city.clerk@cityofsanrafael.org for signature 2024-12-11 - 3:39:06 PM GMT SAN RAFAEL Powe-dbv I Adobe Acrobat Sign Email viewed by city.clerk@cityofsanrafael.org 2024-12-11 - 3:40:00 PM GMT- IP address: 104.47.65.254 6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-12-11 - 3:40:14 PM GMT- IP address: 199.88.113.8 do Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-12-11 - 3:40:16 PM GMT - Time Source: server- IP address: 199.88.113.8 ® Agreement completed. 2024-12-11 - 3:40:16 PM GMT L.11e.l SAN RAFAEL I Adobe ' """: Acrobat Sign Bond No. 0248173 Performance Bond City of San Rafael ("City") and Haley & Aldrich, Inc. ("Contractor") have entered into a contract, dated .20 ("Contract") for work on the Windward Way Landfill Well Installations ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). General. Under this Bond, Contractor as Principal and Berkley Insurance Company , its surety ("Surety"), are bound to City as obligee for an amount not less than $ 200,000.00 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. 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: Windward Way Landfill Well Installations Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 Attn: BSG Claims Address: 412 Mount Kemble Avenue, Suite 310N City/State/Zip: Morristown, NJ 07960 Phone: 973.775.5042 Fax: Email: bsgclaim@berkleysurery.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. Effective Date; Execution. This Bond is entered into and effective on November 13 20 24. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Berkley Insurance Company Business Name s/ \Jjv 0-4 Ay,64-4& Shelly Andrade, Attomey-in-Fact Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Haley & Aldrich Inc. Business Name s/ s/ Name/Title APPROV BY s/ ROBERT F. EPST �,ity Attorney END OF PERFORMANCE BOND z 'Date CE CO PORO � S19�51./� �FL4WP10- Windward Way Landfill Well Installations Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/2B/2022 Bond No. 0248173 Payment Bond City of San Rafael ("City") and Haley & Aldrich, Inc. ("Contractor") have entered into a contract, dated 20_ ("Contract") for work on the Windward Way Landfill Well Installations ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). General. Under this Bond, Contractor as principal and Berkley Insurance Company its surety ("Surety"), are bound to City as obligee in an amount not less than S 200.000.00 , under California Civil Code sections 9550, et seq. 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: BSG Claims Address: 412 Mount Kemble Avenue, Suite 310N City/State/Zip: Morristown, NJ 07960 Phone: 973.775.5042 Fax: Email: bsgclaim@,berkleysurety.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. Windward Way Landfill Well Installations Up to S200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 Effective Date; Execution. This Bond is entered into and is effective on November 13 20 24 Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Berkley Insurance Company Business Name s/ 01LS24 Q4 �%POP4 (�2 Shelly Andrade, Attorney -in -Fact W SEr!�I. Name/Title 1975 r �FL4WPR�' (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Haley & Aldrich Inc. Business Name/ s/ Q� z voma, yV, �2 c M, 6. Z 0 tAlri/ COcatfi //756� �'✓T �GGM Name/Title s/ Name/Title APPROVED ( L s/ ROBER, TV EE16TEIN, City orney Date END OF PAYMENT BOND Windward Way Landfill Well Installations Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 No. BI-TSBA-a POWER OF ATTORNEY BERKLEY INSURANCE CONIPAIN'Y WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made. constituted and appointed, and does by these presents make, constitute and appoint: Shelly Andrade Surety Bond No.: 0248173 Principal: Haley & Aldrich Inc. Obligee: City of San Rafael its true and lavAbl Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fift N iillion and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by. the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attomey is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the allonney-in-fact named therein to execute bonds, tindertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recogtnizances. or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of May 2024 . \\/asV Attest 6WpQO lv' (Seal) � `SEAL !� By - �� Philip 5. elt nnr�a r Execttti� a Vice President &Secretary STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Berkley Insurance Company By Je a at •r Senior Vice President Sworn to before me, a Notary Public in the State of Connecticut, this 2' day of May , 2024 , by Philip S. Welt and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company. MARIA C. RUNDEAKEN NOTARY PL43M CONNECTI= 1"�) Notary Public. State of Connecticut W COMMMStON EKPGMB 04-30-2020 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attomey-in-Fact set forth thereat, who executed flip bond or undertaking to which this Power of Attomey is attached, is in fitll force and effect as of this date. Given under my hand and seal of the Company, this 13th day of November 2024 v�S NSVAIry�, H� (Seal) �F 5 aoa°°"°'F Vincent P. Forte ar of State of l—�G7SsGi County of Y'VaF��4�� Ss. LEE SAMNANG Notary Public f Commonwealth of Massachusetts My Commission Expires October 11, 2030 On this [ 17 day of N cue.►, 2014, before me personally came �• SW£ai et to be known, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. My commission expires j Q Nota blic State of County of On lhi I ss. day of , 20 _ before me personally came to be known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public State of County of On this I SS. day of who being by me duly sworn, did depose and say that he is the 20 , before me personally came to be known to me of the corporation described in and which executed the above instrument that he knows the seal of said corporation; the the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. My commission expires Massachusetts State of County of Hampden On this 13th Shelly Andrade Ss. day of November Notary Public 20 24 , before me personally came to be known, who, being by me duly sworn, did depose and say that Berkley Insurance Company he is attorney -in -fact of the corporation described in and which executed the above instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires December 5, 2025 FORM # 13 GAIL M. PERRIN Notary Public COMMONWEALTH OF MAssnN My Commission Expires December S. 2025 Notary Public