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HomeMy WebLinkAboutPW Alexander Ave & W Crescent Drive CMP ReplacementCITY OF SAN RAFAEL Department of Public Works 111 Morphew Street San Rafael, CA 94901 Public Works Contract for Projects up to $200,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Michael Paul Company, Inc. ("Contractor'), a corporation, for work on he ity's Alexander Ave & W Crescent Drive CMP Replacement ("Project"), and is effective on ("Effective Date"). The parties agree as follows: 1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and :my and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This Project requires a valid California contractor's license for the following classification(s): A 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; 2.6 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 an amount not to exceed $28,805 (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. Alexander Ave & W Crescent Drive CMP Replacement 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 15 working days from the date the City authorizes Contractor to proceed with the Work ("Contract Time"). 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $2,800 per day for each day of unexcused delay in completion. 6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor's license and a City business license. 8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers (the "Indemnitees") from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work of failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201. 9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-Vill or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvanta.ge.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. Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Page 2 Approved by City Attorney, dated 03/28/2022 9.6 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. 10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. 10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City. 10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Page 3 Approved by City Attorney, dated 03/28/2022 is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. 10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5. 10.6 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. 16. 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 Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Page 4 Approved by City Attorney, dated 03/28/2022 or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. 16. Worksite Conditions. 16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must remove and proper►;; 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. Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Page 5 Approved by City Attorney, dated 03/28/2022 22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: Address: 111 Morphew Street City/State/Zip: San Rafael, CA 94901 Phone: 415-725-9264 Attn: Adeel Shaikh, Junior Engineer Email: adeel.shaikh@cityofsanrafael.org Contractor: Name: Michael Paul Company, Inc. Address: 1200 Casa Grande Rd. City/State/Zip: Petaluma, CA 94954 Phone: 707-217-4287 Attn: Julia Maher Email: mpc.jmaher@gmail.com 23. General Provisions. 23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract. 23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 23.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 23.6 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 Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Page 6 Approved by City Attorney, dated 03/28/2022 is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Page 7 Approved by City Attorney, dated 03/28/2022 The parties agree to this Contract as witnessed by the signatures below: CITY: Approve d as� m: s/ —2 Z44� -- s/ Age APRIL MILLER, Public Works Director ROBERTF. EPS IN, City Attorney Date: 1 2 / 2 3 f 2 f Lr Date: I b I 2 Attest: / s/ � �/ �/zlc,�9 LINDSAY LARA, Ci;Ierk Date: l d ' CONTRACTOR: / �Cyl�{� / X� G4.1�(y 1 � -- Business Name Seal: 4)eS/6/at/- Date: 2 A Name/Title Date: �/ L-zy Contractor's California License Number ) 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 Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Page 8 Approved by City Attorney, dated 03/28/2022 Exhibit A SCOPE OF WORK Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Scope of Work Approved by City Attorney, dated 03/28/2022 Exhibit MPC MICHAEL PAUL COMPANY"WC. December 6, 2024 Adeel Shaikh City of San,Rafael 111 Morphew Street San Rafael, CA 94901 Re: Alexander Ave Storm Drain Replacement Remove and dispose of existing storm drain on Alexander Avenue at W. Crescent Drive, and replace with 35' of 12" C900. Remove three existing headwalls and install three new headwalls. Install concrete roadway with #4 rebar 18" oc. Work to be completed with a road closure. TCP and bonding included. Labor $13,590.00 Equipment $9,247.00 Materials $5,968.00 Total $28,805.00 Alternate -Deduct, $1,640.00 for use of 12" DW HDPE DR18 in lieu of 12" C9 )0. Exclusions: Traffic control flagger, fees, striping. I C . Julia Maher President .Michael Paul Company,'Inc. CSLB 386001, A, C-12, C34, C42, Exp: 1012026 DIR 1000003020, Exp. 6/2025 1200 Casa Grande Road,:Petaluma, CA 94954 Tel. (707) 769-1006 Fax (707) 769-0650 Exhibit B BONDFORMS Required for contracts over $25, 000. Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Bond Forms Approved by City Attorney, dated 03/28/2022 Payment Bond of San Rafael ("City") and Michael Paul Company, Inc. ("Contractor") have entered into a co ract, dated ("Contract") for work on the Alexander Ave & W Cres ent Drive CMP Replacement ("Project"). The Contract is incorporated by reference into this Pa ment Bond ("Bond"). Gen al. Under this Bond, Contractor as principal and its sur ("Surety"), are bound to City as obligee in an amount not less than S under California Civil Code sections 9550, et seq. 2. Surety's Ob ' ation. If Contractor or any of its subcontractors fails to pay any of the persons name in California Civil Code section 9100 amounts due under the Unemployment \amounts Code with respect to work or labor performed under the Contract, or for required to be deducted, withheld, and paid over to the Employment Det Department from the wages of employees of Contractor and its subcontractors,ifornia Unemployment Insurance Code section 13020, with respect to the wbor, then Surety will pay for the same. 3. Beneficiaries. This Bond irNres to the benefit of any of the persons named in California Civil Code section 9100, so a to give a right of action to those persons or their assigns in any suit brought upon this Bon . Contractor must promptly provide a copy of this Bond upon request by any person with kgal rights under this Bond. 4. Duration. If Contractor promptly ma s payment of all sums for all labor, materials, and equipment furnished for use in the pe mance of the Work required by the Contract, in conformance with the time requirements et forth in the Contract and as required by California law, Surety's obligations under t s Bond will be null and void. Otherwise, Surety's obligations will remain in full force a d effect. 6. Waivers. Surety waives any requirement to be otified of alterations to the Contract or extensions of time for performance of the Work u er the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. � y waives requirement of a new bond for any supplemental contract under Civil Code secti 9550. Any notice to Surety may be given in the manner specified in the Contract and deliv ed or transmitted to Surety as follows: Attn: Address: City/State/Zip: Phone: Fax: Email: S. Law and Venue. This Bond will be governed by California law, and any dis ute pursuant to this Bond will be venued in the Superior Court of Marin County, and no o�h place. Surety will be responsible for City's attorneys' fees and costs in any action to en rce the provisions of this Bond. Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 Bond No 101294866 Payment Bond City of San Rafael ("City") and Michael Paul Company, Inc. ("Contractor") have entered into a contract, dated 12/17/2024 ("Contract") for work on the Alexander Ave & W Crescent Drive CMP Replacement ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Merchants National Bonding, Inc its surety ("Surety"), are bound to City as obligee in an amount not less than $ ` R("S under California Civil Code sections 9550, et seq. Twenty Eight Thousand Eight Hundred Five and 00/100 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. 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. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Merchants National Bonding, Inc. Address: PO Box 14498 City/State/Zip: Des Moines, IA 50306 Phone: (515)243-8171 Fax: (515)243-3854 Email: claims@merchants bonding corn 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. Alexander Ave & W Crescent Drive CMP Replacement 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 December 19 2024. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Merchants National Bonding, Inc. Business Name s/ Troy Staples, Attorney -in -fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Michael Paul Company, Inc. Business Name s/ Name/Title s/ Name/Title APPROVED BY C s/ /L RO ERT F. EPSTEI ty Attorney END OF PAYMENT BOND Date Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 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. J State of California County of So-) l�YY1T ) 1 J a q / S� On / ! oZ / before me, nsert name and title-bf the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Y .� CYNTHIA KAY DESYLVA Notary Public - California c� = Sonoma County i ` Commission # 2493374 h�,Iw—My Comm. Expires JSignature V�((� n(Seal) �..A:.1, I.ofwnw+!Iv.Atir'�A•..��yr..1 `j.�.mw M"�M•Mllav hA y` I Bond No 101294866 Performance Bond City of San Rafael ("City") and Michael Paul Company, Inc. ("Contractor") have entered into a contract, dated 12/17/2024 ("Contract") for work on the Alexander Ave & W Crescent Drive CMP Replacement ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). General. Under this Bond, Contractor as Principal and Merchants National Bonding, Inc. , its surety ("Surety"), are bound to City as obligee for an amount not less than $ 28.805.00 Twent ei nt Tho Mand Eight By executing this Bond, Contractor and Surety bind themselves and their respective heirs, °" rive and 001100 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. 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: Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 Attn: Merchants National Bonding, Inc. Address: PO Box 14498 City/State/Zip: Des Moines, IA 50306 Phone: (515)243-8171 Fax: (515)243-3854 Email: claims@merchantsbonding.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 December 19 20 24 . Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Merchants National Bonding, Inc .Name s/ Bu� Troy Staples, Attorney -in -fact Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Michael Paul Company, Inc. Business Name I VQI I IG/ I MU s/ Name/Title APPROVED BY C s/ R ERT F EPST City Attorney END OF PERFORMANCE BOND Alexander Ave & W Crescent Drive CMP Replacement Approved by City Attorney, dated 03/28/2022 Date Up to $200,000 Contract Performance Bond 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 601)om("� ) I - On ��LQ3I before me, ( IIn ''l - )' X61 lbe�ld,)W'ZN�t/-1 '�1n (insert name an"le of the fficer) `! u personally appeared 't ay I' a4w r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o�,� CYNTHIA KAY DESYLVA Notary Public - California sSonoma County /� ���� °� M Commission 0 2493374 y Comm, Expires Jun 28. 2028 Signature ( b� Lil-4Seal) 1� a ... i 5 "� • .\ � � A � �\ r S 'y 1 _ . r:. �.� 1.• 1 .Mid^.. "��"M+11P!� yr� ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of _ ) On this day of in the year before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that he/she executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of in the year before me personally come(s) a member of the co -partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he/she executed the same as for the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of _ ) County of ) On this _ day of in the year before me personally come(s) to me known, who, being duly sworn, deposes and says that he/she is the of the the corporation described in and which executed the foregoing instrument; that he/she knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 19th day of December, in the year 2024, before me personally come(s) Troy Staples, Attomey(s)-in-Fact of r tercf»nLs National Bonding, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he/she is (are) the Attomey(s)-in-Fact of Merchants National P/ondinq inc. company described in and which executed the within instrument; that he/she know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he/she signed said instrument as Attorney(s)-in-Fact of the said company by like order. BRITTNEYELIZABP MARTINEZ Notary Public Notary Public Minnesota My Commission Expr8s 0113112029 0 � MI. % - .0 MERC HANT-7'11�, BONDING COMPANY: POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Jennifer Boyles; Joel Krech; Nick Denn; Nick Hochban; Sam Kemp; Thomas G Kemp; Thomas M Lahl; Troy Staples; Zachary Pate their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby g:ven to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July 2024 .•....... .. . • •...... MERCHANTS BONDING COMPANY (MUTUAL) ••P•(t,O N44 •�• DING CQ,�A • MERCHANTS NATIONAL BONDING, INC. y+ ORPOp * 'o'; : �O?O00gq.9y• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY :i 2003 ��; :6' 1933 0'c: By ........ ;��,• '.b.�� :^ ''`.d� President STATE OF IOWA t'7 •. COUNTY OF DALLAS ss. •�••""• On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,�PR'A�S Perini Miller ` z , ' Commission Number 787952 ' • • My Commission Expires 10WP January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 19th day of December 2024 • G C •. 2003 =y 1933 c' Secretary POA 0018 (6/24) ••••••"'""•�• MlFZAd11UCl MVC Ot VV VI 001 01IL LJI IVC lilVlr" r[CIJICXUC11101 IL vrJ Lv .pwv,VVV VVIILIGIL+L Bid Bond Approved by City Attorney, dated 3/28/2020 Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares. I am the 1 "/GCE/ [title] of ( � /' [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her'bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and t4at this declaration is executed on 2- `7-2/ [date], at ZZI1,W, [city], [state]. sl Na [print] END OF NONCOLLUSION DECLARATION Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Noncollusion Declaration Approved by City Attorney, dated 3/28/2022 Exhibit D BID SCHEDULE This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.) TOTAL BASE BID: Items 1 through / inclusive: $ �� �� U� J 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. Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Bid Schedule Approved by City Attorney, dated 3/28/2022 This Bid Proposal is hereby submitted on /� 2 20W Ci , State, Zip Contact'Name License #, Expiration /dda')ND362o DI RRDI RR egistration # r Phone Contact E ail 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 #01 #02 #03 #04 Date Received: Addendum: Date Received: #05 #06 #07 #08 END OF BID SCHEDULE Alexander Ave & W Crescent Drive CMP Replacement Up to $200,000 Contract Bid Schedule Approved by City Attorney, dated 3/28/2022 Exhibit E SUBCONTRACTOR LIST For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST 1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. Alexander Ave & W Crescent Drive CMP Replacement 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 Adeel Shaikh) Extension: 3353 Contractor Name: Michael Paul Company Contractor's Contact: Julia Maher Contact's Email: mpc.jmaher@gmail.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 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 12/12/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement ❑X SM 2 City Attorney 12/12/2024 and return to Project Manager 12/12/2024 X❑ NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑X NT 3 Department Director Approval of final agreement form to send to 12/13/2024 © AM contractor 4 Project Manager Forward three (3) originals of final agreement to 12/13/2024 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINI CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 12/23/24 SM Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed of l 06 12 5 ' L E agreement 8 City Attorney Review and approve insurance in PINS, and bonds O t 25 1 0 City Manager / Mayor (for Public Works Contracts) 9 Agreement executed by City Council authorized official J" ,(" � 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager �" /� 10/h //�