Loading...
HomeMy WebLinkAboutPW Phase 1 Safe Roads Striping ProjectContract No. 2025.0017 CITY OF SAN RAFAEL Department of Public Works 111 Morphew Street San Rafael, CA 94901 Public Works Contract for Projects up to $220,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Striping Graphics ("Contractor"), a California Corporation, for work on the City's Phase 1 Safe Roads Striping Project ("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): C32 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 an amount not to exceed $74,250 (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. Phase 1 Safe Roads Striping Project Up to $220,000 Contract Page 1 Approved by City Attorney, dated 03/28/2022 4. Time for Completion. Contractor will fully complete the Work within 120 days from the date the City authorizes Contractor to proceed with the Work ("Contract Time"). 5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay in completion. 6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor's license and a City business license. 8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers (the "Indemnitees") from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work of failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201. 9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-Vill or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https*//www.pinsadvantage com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 9.1 Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act. If Contractor is self -insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage. 9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. Phase 1 Safe Roads Striping Project Up to $220,000 Contract Page 2 Approved by City Attorney, dated 03/28/2022 9.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. 10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. 10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City. 10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price Phase 1 Safe Roads Striping Project Up to $220,000 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. 10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000. 11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 12. Termination. 12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City's instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 12.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. 13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference. 14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work Phase 1 Safe Roads Striping Project Up to $220,000 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 properly dispose of debris and waste materials from the Work site. 16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City 16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous materials may be used in performance of the Work. 16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104. 17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as -built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be updated as changes occur, on a daily basis if necessary. 18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 19. Non -Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person. 20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. Phase 1 Safe Roads Striping Project Up to $220,000 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: 1375 Fifth Avenue City/State/Zip San Rafael, CA 94901 Phone: 415-485-3457 Attn: Calvin Schrader, Sr. VMS Email: calvin.schrader@cityofsanrafael.org Contractor: Name: Striping Graphics Address: 501 Aaron St City/State/Zip: Cotati/ CA/ 94931 Phone: 707-793-9425 Attn: Guido Metzler Email: guido@stripinggraphics.com 23. General Provisions. 23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract. 23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly 23.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 23.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place. 23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 23.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor Phase 1 Safe Roads Striping Project Up to $220,000 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.] Phase 1 Safe Roads Striping Project Approved by City Attorney, dated 03/28/2022 Up to $220,000 Contract Page 7 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to s/ s/ CRIS ALILOVICH, City Manager ANDREA VISVESHWARA, Chief Assistant City Attorney U Date: _ Y 7i�1d2_� Date: �G L Attest: sl r LINDSAY LA City glerk � Date: CONTRACTOR: Business Narfie V Date: s/ L<�2 V--3 - Narne/Title Date: Seal: /7 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 Phase 1 Safe Roads Striping Project Approved by City Attorney, dated 03/28/2022 Up to $220,000 Contract Page 8 Exhibit A SCOPE OF WORK Contractor will provide the following work, at the following rates, for the City's Phase 1 Safe Roads Striping Project: Description Yellow & White Thermoplastic Striping Crew Day Cost (includes Travel) Traffic Control (Standard, No Written Plan) Thermoplastic Material (Yell & Wht) Reflective Beads Surface Primer Labor & Equipment Sign Crew (USA marking by Others) Crew Day Cost (includes Travel) Traffic Control (Standard, No Written Plan) Install Sigh Pole (2" galv. Pipe post) 4" Core Saw Concrete Sidewalk Concrete Labor & Equipment Quantity 1 ea included $65. per 50# bag included included 1 Work Day UNIT I TOTAL TBD LS 1 ea included $125. each TBD $75. each TBD included 1 Work Day L.S. Crew Day Cost (Includes Travel) 1 ea Traffic Control (Standard, No Written Plant included Install Traffic Paint, Curb Paint $33 per gallon Reflective Beads included Protect Work 1 Work Day Cleaning of curbs, posting No Parking, by Others Contractor will provide the work as described at the following locations: TBD L_S. Not to Exceed $6,500 00 TBD TBD $5,500,00 TBD $4,500.00I 574,250.00 Phase 1 Safe Roads Striping Project Up to $220,000 Contract Scope of Work Approved by City Attorney, dated 03/28/2022 Safe Parking Plan Neighborhood Name Bret Harte Street Name Restriction Type Shoulder Stripe Treatment Type(s) Bret Harte Lane 2000 feet white shoulder stripe Bret Harte Road Shoulder Stripe 3760 feet white shoulder stripe Mliss Lane Parking Box Adjacent to #7 address, 1 sign Safe Parking Plan Neighborhood Name: Gerstle Park Street Name Restriction Type Treatment Type(s) Cala Vista Drive Parking Clarification 170 feet of red curb Clorinda Avenue Parking Clarification 670 feet of red curb Gloria Drive Parking Clarification Parking Box 700 feet of red curb Makin Grade #281 Right Side Parking Box Los Robles Drive Parking Clarification 175 feet of red curb Safe Parking Plan Neighborhood Name: Fairhills Street Name EI Cerrito Avenue Idlewood Place Restriction Type Treatment Type(s) No Parking Odds 4 Signs No Parking 4 Signs Oakmont Court No Parking 4 Signs Pepper Way No Parking 4 Signs Quarry Road No Parking No Parking Odds 8 Signs Rustic Way 3 Signs Tree Haven Drive Valley View Avenue No Parking Evens, Clarification Parking Clarification 100 feet red curb, 6 signs 7 Signs - a O �I' Safe Parking Plan Neighborhood Name Sun Va Street Name Restriction Type Treatment Type(s) 750 feet red curb Addresses: #39 to #47, #59 to #63, #67, #124, #130 to #134 Chestnut Avenue No Parking Evens Maywood Way Maywood Way (contd.) Parking Box Parking Box Addresses: #138 to #142, #150 Windsor Avenue No Parking Evens 600 feet red curb f 40e AFF* Safe Parking Plan Neighborhood Name. West End Street Name Restriction Type No Parking Evens Treatment Type(s) Belloreid Avenue 150 feet red curb Circle Drive Elkin Court Shoulder Stripe 35 feet white stripe No Parking Evens 100 feet red curb Hart Street No Parking Odds 200 feet red curb Ross Valley Drive Tamal Vista Drive Westwood Drive Shoulder Stripe 200 feet white stripe Adjacent #160 to end on evens Parking Box No Parking Evens 500 feet white stripe Safe Parking Plan Neighborhood Name: Picnic Valley Street Name Restriction Type Parking Clarification Treatment Type(s) Bungalow Avenue 10 signs, 1210 ft red curb, 300 ft white curb Diane Way Parking Clarification 475 ft red curb, 80 ft white curb Glen Avenue Parking Clarification 650 feet red curb La Loma Court No Parking Evens Parking Clarification 550 feet red curb Martens Boulevard 1850 ft white curb, 90 ft red curb, 13 signs McCoy Road Parking Box Adjacent to #10, 1 sign Meyer Road No Parking Odds Parking Clarification 200 feet red curb Pearce Road 960 ft red curb, 40 ft white curb Roberts Avenue No Parking No Parking 5 Signs I Strangland Avenue J200 feet red curb Exhibit B BONDFORMS Required for contracts over $25, 000. Phase 1 Safe Roads Striping Project Approved by City Attorney, dated 03/28/2022 Up to $220,000 Contract Bond Forms Payment Bond City of San Rafael ("City") and Striping Graphics ("Contractor") have entered into a contract, dated JZtA G 2025 ("Contract") for work on the Phase 1 Safe Roads Striping Project ("Project"). he Contract is incorporated by reference into this Payment Bond ("Bond") 1. General. Under this Bond, Contractor as principal and Merchants Bonding Company its surety ("Surety"), are bound to City as obligee in an amount not less than $ 74,250.00XX " , under California Civil Code sections 9550, et seq. "Seventy-four thousand two hundred fifty and 00/100XX 2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Kevin Byers Address: 6700 Westown Parkway City/State/Zip: West Des Moines, IN 50266-7754 Phone: 707-309-4723 Fax: 515-243-3854 Email: kbyers@merchantsbondinc corn 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. Phase 1 Safe Roads Striping Project Approved by City Attomey, dated 03/28/2022 Up to $220,000 Contract Payment Bond 7. Effective Date; Execution. This Bond is entered into and is effective on May 30th 2025 Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Merchants Bonding Company Business Name s/ � Danika ee Mott, Attorney In Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Stripring Graphics Business Name s/ A/c, � c� Name/Title s/ 7_6_� v L;t.e- 1°�r . Name/Title APPROVED Y CITY: s/ 1 �� ROBERT F. EPSTEIN, City Attorney END OF PAYMENT BOND Phase 1 Safe Roads Striping Project &-IIz,^ bos­ Date Up to $220,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Humboldt On May 30. 2025 before me, Mindy Ka+Neen Sehon,Not2-ry_Pu-bliC , Date Here Insert Name and Title of the Officer personally appeared Danika Lee Mott Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person/ whose namew is/ao& subscribed to the within instrument and acknowledged to me that 4ae/she/they-executed the same in 4-�her/tbo& authorized capacity(ios), and that by*+is/her/tOWr signature(a)' on the instrument the persoq> qr or the entity upon behalf of which the personWacted, 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. MINoY KA:l VIL�S��EHO�INI Notary Public - California Humboldt County Signature Commission t 2407616 My Comm. Expires Jun 24. 2026 Sign a ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑i Corporate_Qfficer — Title s): Partner Al Limited Lj General Hindividual HGuardian Attorney in Fact ElTrustee or Conservator Q Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title s): q Partner — ❑ Limited [General U Individual Attorney in Fact qTrustee BGuardian or Conservator U Other: Signer Is Representing: •�:�:cce.�vt;���:�.�:ezceu^;�r�:-�c-.c.�cxzcre�� _ _ , - �:Y;.::::� <.:<.;�-:�-<;r-;,•-�: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 MERCHANTS _� 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, Danika Lee Mott; Jeff Okrepkie; Jill Seymour; Lawrence A Ford; Manuel B Mello; Robb Daer 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 `ollowing 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 given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of rcntucky at least thirty (30) days prior to the modification or revocauor. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of January 2025 """"•• ' - ' • • MERCHANTS BONDING COMPANY (MUTUAL) .•P� 10 NA �• • • O\NG Cp, p MERCHANTS NATIONAL BONDING, INC. : �.• •...... �.,. � ....... o . GD�tPO/�q�F • �O._ 1Z, POgq�9y� • d/bla MERCHANTS NATIONAL INDEMNITY COMPANY _ 2003 c�, •Q. 1933 cz By ';.�•...... ;rl�.:. •'.,b� .... ',�a�• President STATE OF IOWA7 •' • . , , COUNTY OF DALLAS ss ... On this 29th day of January 2025 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.__ -- ���'�� s Penni Miller Commission Number787952 My Commission Expires IOWP, 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 tfre sEarl of the Companies on this 30th day of May 2025 a,c CO ;ti��o�P'pRq.�O; ;�..���41. Pflg9.��; :G %.y: • C� �.A� __: s z • 1933 c ' Secretary • dam•. .••��� ': obi• ..... �1aC' POA 0018 (6/24) ""` Performance Bond City of San Rafael ("City") and Striping Graphics ("Contractor") have entered into a contract, dated 20 25 ("Contract") for work on the Phase 1 Safe Roads Striping Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Merchants Bonding Company , its surety ("Surety"), are bound to City as obligee for an amount not less than $ 74,250 OOXX " 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. *Seventy-four thousand two hundred fifty and 00/100XX 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. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven calendar days of receipt of the notice to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract documents, at Surety's expense; or 4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining services completed. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. 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: Phase 1 Safe Roads Striping Project Approved by City Attomey, dated 03/28/2022 Up to $220,000 Contract Performance Bond 7 8. Attn: Kevin Byers Address: 6700 Westown Parkway_ City/State/Zip: West Des Moines, IA. 502 6-7754 Phone: 707-309-4723 Fax: 515-243-3854 Email kbyers@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. Effective Date; Execution. This Bond is entered into and effective on May 30th 2025. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY Merchants Bonding Company Rushoess Name, s/ Daniqa Le/Mott, Attorney In Fact Name/ [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Stripring Graphics Business Name 4,j;do le. 1-16-V Cam- Cr Name/Title s/ D Name/Title APPROVED B CITY: sl 61" ROBERT F. EPSTEIN, City Attorney (.,4- t(?2- Date END OF PERFORMANCE BOND Phase 1 Safe Roads Striping Project Up to $220,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �r•,e-r.,�c:�o ccr�rer.�ecinco.�c> _.. . - -- .- -- . _ .. -- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Humboldt On May 30. 2025 before me, Mindy Kathleen Sehon, Notary Public , Date Here Insert Name and Title of the Officer personally appeared _ Danika Lee Mott Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personM whose name( is/ace subscribed to the within instrument and acknowledged to me that 4e/she/they executed the same in /her/U;aW authorized capacity(ies), and that by-I4s/her/their signature($] on the instrument the person* or the entity upon behalf of which the personKacted, 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. MINDY KATHLEEN SEHON Notary Public • California s Humboldt County > Signature G Commission K 2407616 Sig ature of Notary Public ~ `• «•''� My Comm. Expires Jun 24. 2026 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this -form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate ficer - Titles : _ ❑ Partner -B Limited LJ General Individual HAttorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: __ _ _ ❑ Corporate Officer - Title(s): 8 Partner - ❑ Limited ❑General Individual HGuardian Attorney in Fact 8Trustee or Conservator Other: _ Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MERCHANT 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, Danika Lee Mott; Jeff Okrepkie; Jill Seymour; Lawrence A Ford; Manuel B Mello; Robb Daer their true and lawful Attorneys) -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 given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of January 2025 •`"" ........ • • - • • MERCHANTS BONDING COMPANY (MUTUAL) :.••�P?�PO q� •e.: : p���C0�'o •• MERCHANTS NATIONAL BONDING, INC. may: GOEI Rqr . Z : �OR p 0.99 �d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY co 2003 ;��_ y: 1933 c: By •:d'•. ••'�:• STATE OF IOWA •••�� 1 •,a•- •••�� `�'• President r COUNTY OF DALLAS ss. •••"""".•'• • • • • > • • On this 29th day of January 2025 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. �_-- hPR'^Z s Penni Miller z ? Commission Number 787952 ` - • • My Commission Expires �•;1 towp, 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 affixes` the seal of the Companies on this 30th day of May 2025 •P 0.9 V 4Jf ' 2003 `� y' 1 933 secretary � POA 0018 (6/24) Payment Bond City of San Rafael ("City") and Striping Graphics ("Contractor") have entered into a contract, dated 114he , 2025 ("Contract") for work on the Phase 1 Safe Roads Striping Project ("Project"). he Contract is incorporated by reference into this Payment Bond ("Bond") General. Under this Bond, Contractor as principal and Merchants Bonding Company its surety ("Surety"), are bound to City as obligee in an amount not less than $ 74,250 OOXX * , under California Civil Code sections 9550, et seq. *Seventy-four thousand two hundred fifty and 00/100XX 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. 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: Ate: Kevin Byers Address: 6700 Westown Parkway City/State/Zip: West Des Moines, IA. 50266-7754 Phone: 707-309-4723 Fax: 515-243-3854 Email. kbyers@merchantsbonding.com 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Phase 1 Safe Roads Striping Project Approved by City Attorney, dated 03/28/2022 Up to $220,000 Contract Payment Bond 7. Effective Date; Execution. This Bond is entered into and is effective on May 30th 2025 Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Merchants Bonding Company Business Name s/ 7a� - (lk Dania ee Mott, Attorney In Fact Narr►e/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Stripring Graphics Business Name s/ of yr 0-r-o Name/Tit e s/ Name/Title APPROVED BY CITY: s/ "t Y ROBERT F. EPSTEIN, City Attorney END OF PAYMENT BOND Phase 1 Safe Roads Striping Project L-1`U' Date Up to $220,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :c.�c•.c;:r.�c�.�r,�r,�c��.cF,cereca,�.rsx - -.. -_- . - . - o-- . - . - - . _ _ .. _ _ - .�r•.i'~c.�t.�c,�:r..r:cz�,� 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 Humboldt On May 30. 2025 before me, Mindy Kathleen Sehon. Notes Public , Date Here Insert Name and Title of the Officer personally appeared Dana Lee Mott _ _ Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name(•e)" is/ace subscribed to the within instrument and acknowledged to me that -he/she/theq executed the same in 44i6/her/their authorized capacity(i. , and that by his/her/t4ieir signature(a)'on the instrument the person4a), or the entity upon behalf of which the person(' 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. MINDY KAT HLEEN SEHON Notary Public . California Humboldt County Signature �._ F� �� My Comm. Expires Jun 24. 2026 Commission : Sign tune of Notary Public '•�•"' 4. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate,�,fficer — Titles): ❑Partner —8 Limited El General Individual HAttorney in Fact Trustee Guardian or Conservator Other: _ Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): - HPartner — ❑ Limited ❑General Individual Attorney in Fact HTrustee HGuardian or Conservator Other: _ Signer Is Representing: _ �.C,.Q-i.'�;�`�G'�Le'�.`e'44i�:�L'eG3'��.art-�1L:t�JrG'��JCEr`4L`P.E`�Gi �Ge=,t;`G%Y•czl;`G"L`S;G^S%f.^ci4`�.`�x,Y'�C>t%C"!.'-(,�r?a'�'<4,"�S�'.�c-.rr-�X"4)S✓Cie%GQ 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MERC1 ANri� 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, Danika Lee Mott; Jeff Okrepkie; Jill Seymour; Lawrence A Ford; Manuel B Mello; Robb Daer 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 given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of January 2025 0 N • �' • • • • . G • • • • MERCHANTS BONDING COMPANY (MUTUAL) �. .•......'9 �• : • •�p�N...�Oij�A.• MERCHANTS NATIONAL BONDING, INC. Oj PO�O. 0(�PQA' q • d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Co v: 2003 :��: :y 1933 c: By : Z. •: ��1�;' •�6',�• ..... • �1 President STATE OFIOWA •'• 1"i 'r •.•• COUNTY OF DALLAS ss. �'""""' • • • On this 29th day of January 2025 before me appeared Larry Taylor to me pei sonally 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. i.'Z' IAZ Penn S i Miller � Z s ? Commission Number 787952 - • • My Commission Expires \ � >f � J J ,�•��y IOWA 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'che Companies on this 30th day of May 2025 ••.,• •CO�j••. ��.�P�10Nq� :hh •'pKPOR �O ; .'..UZ7a 'Oy••: ;0e;•ORPQa9Cj -o- O:0' • y'2 -o- c 2003 1933 ' c: Secretary ;' POA 0018 (6/24) ••••""""''��, • • • • Performance Bond City of San Rafael ("City") and Striping Graphics ("Contractor") have entered into a contract, dated , 20 25 ("Contract") for work on the Phase 1 Safe Roads Striping Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Merchants Bonding Company its surety ("Surety"), are bound to City as obligee for an amount not less than $ 74,250 OOXX * 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. *Seventy-four thousand two hundred fifty and 00/100XX 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: Phase 1 Safe Roads Striping Project Approved by City Attorney, dated 03/28/2022 Up to $220,000 Contract Performance Bond Attn: Kevin Byers Address: City/State/Zip:West Des Moines, IA. 502 6-7754 Phone: 707-309-4723 Fax: 515-243-3854 Email: yers merc ants on ing.com 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond 8. Effective Date; Execution. This Bond is entered into and effective on May 30th 2025. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Merchants Bonding Company ,-,�usiness Name s/ Doni,fa Lee Mott, Attorney In Fact Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Stripring Graphics Business Name s/ Name/Title s/ f� Name/Title APPROVED BY CITY: s/ Ak''v- ROBERT F. EPSTEIN, City Attorney END OF PERFORMANCE BOND Phase 1 Safe Roads Striping Project Date Up to $220,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Humboldt On May 30. 2025 before me, Mindy Kathleen Sehon, Notary Public Date Here Insert Name and Title of the officer personally appeared -Danika Tree Mott _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(O whose namew Ware - subscribed to the within instrument and acknowledged to me that 4ie/she/they executed the same in 4iis/her/t4eir authorized capacity(ios), and that by his/her/their signatures) on the instrument the person(e)', or the entity upon behalf of which the person4o acted, executed the instrument. ,�•- MINDY KATHLEEN SEHON Notary Public - California Humboldt County > m` My Commission. 2407616 Comm. Expires Jun 24, 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature , Signa ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate fficer — Title s): Partner —� Limited El General H Individual H Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): HPartner — ❑ Limited [—]General individual Attorney in Fact HTrustee HGuardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MERCHAN�rs't�, 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, Danika Lee Mott; Jeff Okrepkie; Jill Seymour; Lawrence A Ford; Manuel B Mello; Robb Daer 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 given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of January 2025 •,••P1101y ••.. •� �. �y2GORP0iQ;q�.01. 2003 0* 'O9' -O- o; a' 1933 e STATE OFIOWA '•.,•����7�••••.•• '•.•��•,.• COUNTY OF DALLAS ss On this 29th day of January 2025 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. �_----- "VYLIA('s Penni Miller z Commission Number 787952 - • • My Commission Expires iOWA 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. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY By President In Witness Whereof, I have hereunto set my hand and affixed fne seal of the Companies on this 30th day of May 2025 -0- aooe6rb S ' do 1933 Secretary .v. 2003 ;'�• .S ti. POA 0018 (6/24) "" • • • • Payment Bond City of San Rafael "City") and Striping Graphics ("Contractor") have entered into a contract, dated L , 2025 ("Contract") for work on the Phase 1 Safe Roads Striping Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Merchants Bonding Company its surety ("Surety"), are bound to City as obligee in an amount not less than $ 74,250.00XX - , under California Civil Code sections 9550, et seq. *Seventy-four thousand two hundred fifty and 00/100XX 2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Kevin Byers Address: 6700 Westown Parkway City/State/Zip: West Des Moines, IA. 50266-7754 Phone: 707-309-4723 Fax: 515-243-3854 Email: kbyers@merchantsbonding com 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Phase 1 Safe Roads Striping Project Approved by City Attorney, dated 03/28/2022 Up to $220,000 Contract Payment Bond 7. Effective Date; Execution. This Bond is entered into and is effective on May 30th 2025 Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Merchants Bonding Company Business Name s/ Danika Lee Mott, Attorney In Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Stripring Graphics Business Name s/ Name/Title s/ Lao-e- > r. Name/Title 1 APPROVED BY CITY s/ ROBERT F. EPSTEIN, City Attorney END OF PAYMENT BOND Phase 1 Safe Roads Striping Project I GO - [_ Date Up to $220,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :�r�.;r�,�risi�r,Gc�r.�o�r•,�:r•.�r�e- - -- - - - �e,r.�rer.�x;cx:c�� 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 Humboldt On May 30, 2025 before me, Mindy Kathleen Sehon, Notary Public Date Here Insert Name and Title of the Officer personally appeared Danika_ Lee Mott _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(4 is/are subscribed to the within instrument and acknowledged to me that +ie/she/tbey- executed the same in -his/her/their authorized capacity(les), and that by 4is/her/their signature(ar on the instrument the person fs or the entity upon behalf of which the personlzf 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. �• miNDY KATHLEEN SEHON Notary Public • California Humboldt County Signature `-f I Commission k 2407616 my Comm. Expires Jun 24, 2026 Sign)lttune of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate fficer — Title s): Partner —� Limited El General Individual HAttonney in Fact Trustee Guardian or Conservator Other: _ Signer Is Representing: Document Date: Signer's Name: ❑ Corporate Officer — q Titls): Partner — ❑ Limited LJGeneral U Individual Attorney in Fact qTrustee HGuardian or Conservator U Other: _ Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MERCHANT`7�� 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, Danika Lee Mott; Jeff Okrepkie; Jill Seymour; Lawrence A Ford; Manuel B Mello; Robb Daer 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 given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of January 2025 - • •o'*P110 N,q4 •e • • O • G C �• MERCHANTS NATIONAL BONDING,( NCTUAL) by 4o�PORgl� y0�oliPOq��9y� : d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v: 2003 ;��; :y 1933 c: By . J' cam' • ••b� ''""'' \1�� President STATE OF IOWA ••'• 1 - ,�••• �' �, " .. • COUNTY OF DALLAS ss.""""'' • On this 29th day of January 2025 before me appeared Larry Taylor to me personally kno:vn 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. �- -_ _' _ `� r , ?p IAZ s Penni Miller z , v Commission Number 787952 - • • My Commission Expires `•,. `�I` r_�J rOWA 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 sail of the Companies on this 30th day of May 2025 �PO e v�' RPOq' /P' .s'•� ' 2003 ; �� y' 1933 c ° Secretary POA 0018 (6/24) ,���"' "'�•�• • • • • • • • Performance Bond City of San Rafael ("City") and Striping Graphics ("Contractor") have entered into a contract, dated , 20 25 ("Contract") for work on the Phase 1 Safe Roads Striping Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). General. Under this Bond, Contractor as Principal and Merchants Bonding Company , its surety ("Surety"), are bound to City as obligee for an amount not less than S 74,250 OOXX * 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. *Seventy-four thousand two hundred fifty and 00/100XX 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. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows: Phase 1 Safe Roads Striping Project Approved by City Attorney, dated 03/28/2022 Up to $220,000 Contract Performance Bond Attn: Kevin Byers Address 6700 Westown Parkway City/State/Zip West Des Moines, IA. 50266-7754 Phone 707-309-4723 Fax: 515-243-3854 Email: yers merc ants on ing.com 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on May 30th 2025. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Merchants Bonding Company s/ Attorney In Fact Ns (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Stripring Graphics . Business Name sl WX Name/Title s/ l o ,J ti �C,n e �rPs. Name/Title APPROVED BY CITY s/ %- 100 -75 ROBERT F. EPSTEIN, City Attorney Date END OF PERFORMANCE BOND Phase 1 Safe Roads Striping Project Up to $220,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :ter•.vet'�A,sircSSci�cs<ScP,c£,cC,�G.c:c.�C--� .._ _ �. - - - � .. -,i�Vc�ri�i�(`,irsf`.kx'.c�,Fiu�r�.s 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 Humboldt On May 30. 2025 before me, Mindy Kathleen Sehon, Notary Public Date Here Insert Name and Title of the Officer personally appeared Danika Lee Mott Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(2e whose name4 'is/ara subscribed to the within instrument and acknowledged to me that Ite/she/tffey executed the same in +tis/her/their authorized capacity(ios), and that by �s/her/their signature*on the instrument the person(ey, or the entity upon behalf of which the persoriK 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. �^ MINDY KATHLEEN SEHON a Notary Public - California Humboldt County Signatures ` Commission M 2407616 — ` S,gn tore of Notary Public " My Comm. Expires Jun 24, 2026 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: ❑' Corporateficer — Title s): B. Partner —8 Limited LJ General Individual in Fact Trustee HAttorney Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — 1-itle(s): HPartner — ❑ Limited ❑General Individual Attorney in Fact BTrustee HGuardlan or Conservator Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 iMERCHANTS%\ 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, Danika Lee Mott; Jeff Okrepkie; Jill Seymour; Lawrence A Ford; Manuel B Mello; Robb Daer 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 given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of January 2025 """"•• • • "' • • MERCHANTS BONDING COMPANY (MUTUAL) • �,�PIIONq�'e -;oG Cp y�A•• MERCHANTS NATIONAL BONDING, INC. tiy: GO LPO/e�gl �;• �o�oRPoq��9y�: d/b/a MERCHANTS NATIONAL INDI=MNITY COMPANY �Z tn' •y • j c 2003 y 1933 : By c 00. ��►• - President STATE OF IOWA ••'� � ;y .:r `.• COUNTY OF DALLAS ss. • ••""""•�� , • • •• • On this 29th day of January 2025 before me appeared Larry Taylor to me personally kno�•,r., 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. •.P`�'A� s� Penni Miller z Commission Number 787952 - • • My Commission Expires rOWA 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 30th day of May 2025 �•'RPOi p •eo ; • orP09' -0- 0 _ -0- ' 2003 ; • y 1933 ti ' Secretary ,� •"*lease. ��� •• • •• POA 0018 (6/24) Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the [title] of Striping Graphics [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of th State of California that the foregoing is true and correct an that this declaration is executed on [date], at (city), ZA [state]. s/� d Guido Metzler Name [print] END OF NONCOLLUSION DECLARATION Phase 1 Safe Roads Striping Project Approved by City Attomey, dated 3/28/2022 Up to $220,000 Contract Noncollusion Declaration Exhibit D BID SCHEDULE This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount' column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.) 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. Phase 1 Safe Roads Striping Project Up to $220,000 Contract Bid Schedule Approved by City Attorney, dated 3/28/2022 This Bid Proposal is hereby submitted on s/ s/ Company Name Address City, State, Zip Contact Name 20 Name and Title Name and Title License #, Expiration Date, and Classification DIR Registration # Phone Contact Email Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: #01 #05 #02 #06 #03 #07 #04 #08 END OF BID SCHEDULE Phase 1 Safe Roads Striping Project Approved by City Attorney, dated 3/28/2022 Up to $220,000 Contract Bid Schedule Exhibit E SUBCONTRACTOR LIST For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA LOCATION OF CONTRACTOR BUSINESS LICENSE NO. DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST ' For street or highway construction this requirement applies to any subcontract of $10,000 or more Phase 1 Safe Roads Striping Project Up to $220,000 Contract Subcontractor List Approved by City Attorney, dated 3/28/2022 �P,� RAF,q�` ►1 i 2 o TY''VITH Per 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: Fire Project Manager: Calvin Schrader Extension: 3457 Contractor Name: Striping Graphics Contractor's Contact: Guido Metzler Contact's Email: Guido@stripinggraphics.cc ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DEPARTMENT 1 Project Manager 2 City Attorney 3 ~Department Director 4 5 6 7 8 9 10 Project Manager Project Manager DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to contractor for their signature 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 $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form City Attorney Review and approve hard copy of signed agreement City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) City Manager/ Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and City Clerk forwards copies to Project Manager COMPLETED DATE REVIEWER Check/Initial Click here to ❑ enter a date. 5/20/2025 x❑ 5/23/2025 5/23/2025 1 X❑ NT 5/23/2025 5/23/2025 Cxl N/A Or Click 'here to enter a date. 6/13/25 © NT © QG A ❑X 0 CS