HomeMy WebLinkAboutPW Heat Pump Replacement at Mary Silveira Children's CenterDocusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
2025.0008
CITY OF SAN RAFAEL
Public Works Contract
(For Work up to $220,000)
This public works contract ("Contract") is entered into by and between the City of San
Rafael ("City") and Matrix HG, Inc. ('Contractor"),
California corporation for work on the City's
Heat Pump Replacement at Mary Silveira Children's Center ("Project"),
and is effective on July ("Effective Date").
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials,
equipment, supplies, transportation, and any and all other items or services necessary
to perform and complete the work required for the Project ("Work"), as specified in
Exhibit A, Scope of Work, and according to the terms and conditions of this Contract,
including all attachments to the Contract and any other documents and statutes
incorporated by reference. To the extent that any attachment contains provisions that
conflict or are inconsistent with the terms set forth in the body of this Contract, the
Contract terms will control. This Project requires a valid California contractor's license
for the following classification(s): C-20
2. Compensation. 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 in accordance with the
rates and/or prices set forth in Exhibit A up to the not -to -exceed amount of
$ 30,224 (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.
2.1 Payment. Contractor will bill City on a monthly basis for Work Performed by
Contractor during the preceding month, itemizing labor, materials, equipment and any
incidental costs incurred by the Contractor, and subject to verification by City. The
Contractor may include subcontractor costs in its invoices, provided that such costs do
not exceed the actual amount incurred by the Contractor plus a markup not exceeding
ten percent (10%). 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.
2.2 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 C, 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
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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.
3. Contract Documents. The Contract Documents incorporated into this Contract
include and are comprised of all of the documents listed below:
3.1 Contract;
3.2 Exhibit A — Scope of Work;
3.3 Exhibit B — Insurance Requirements
3.4 Exhibit C — Bonds for Payment, Performance, and if applicable, Bid;
3.5 Exhibit D — Noncollusion Declaration;
3.6 Exhibit E — Bid Schedule, if any
3.7 Exhibit F — Subcontractor List, if any
3.8 Notice Inviting Bids, if any
3.9 Addenda, if any
4. Term of Contract. This Contract becomes effective upon the date listed as
"Effective Date" and shall remain in effect until the completion of all obligations of both
Parties hereto, or three (3) months from the Effective Date, whichever comes first,
unless terminated or amended as provided herein.
4.1 Performance Time. Contractor will fully complete the Work within
one (1) week from the date the City authorizes Contractor to proceed
with the Work ("Performance Time").
5. Liquidated Damages. If Contractor fails to complete the Work within the
Performance 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
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(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. During the term of this Contract, and for any time period set forth in
Exhibit B, Contractor shall procure and maintain in full force and effect, at no cost to
City insurance policies with respect to employees and vehicles assigned to the
performance of work under this Contract with coverage amounts, required
endorsements, certificates of insurance, and coverage verifications as defined in
Exhibit B.
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 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.
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10.3 Payroll Records. Contractor and its subcontractors must maintain certified
payroll records in compliance with Labor Code sections 1776 and 1812, and all
implementing regulations promulgated by the Department of Industrial Relations ("DIR").
For each payroll record, Contractor and its subcontractors must certify under penalty of
perjury that the information in the record is true and correct, and that it has complied
with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the
Contract Price is under $25,000, Contractor must electronically submit certified payroll
records to the Labor Commissioner as required under California law and regulations.
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must
comply with the apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. 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
Performance Time; refusal or failure to make prompt payment to its employees,
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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 Performance 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. In the event a termination for default is later
determined to have been made wrongfully or without cause, then the termination shall
be treated as a termination for convenience, and the Contractor shall have no greater
rights than it would have had following a termination for convenience.
13. Dispute Resolution. Any dispute arising under or related to this Contract is
subject to the dispute resolution procedures of Public Contract Code sections 9204 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 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-
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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.
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
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personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF
(or comparable) file. Notice is deemed effective upon delivery unless otherwise
specified. Notice for each party must be given as follows:
City:
Address: 111 Morphew Street
City/State/Zip: San Rafael, CA 94901
Phone:
415-686-4666
Attn:
Omar Garcia
Email:
omarg@cityofsanrafael.org ; CC public.works@cityofsanrafael.org
Contractor:
Name:
Matrix HG, Inc.
Address:
10 Commercial Blvd. Suite #100
City/State/Zip:
Novato, CA 94949
Phone
707-586-9200
Attn:
Frank Villa
Email:
fvilla@matrixhginc.com
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable
federal, state, and local laws and regulations including, but not limited to, unemployment
insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may
only be performed by qualified and experienced workers who are not employed by the
City and who do not have any contractual relationship with City, with the exception of
this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be
inserted in the Contract is deemed to be inserted, and the Contract will be construed and
enforced as though such provision has been included. If it is discovered that through
mistake or otherwise that any required provision was not inserted, or not correctly
inserted, the Contract will be deemed amended accordingly.
23.3 Assignment and Successors. Contractor may not assign its rights or
obligations under this Contract, in part or in whole, without City's written consent. This
Contract is binding on Contractor's and City's lawful heirs, successors and permitted
assigns.
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries
to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California
law and venue will be in the Superior Court of Marin County, and no other place.
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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. Change orders requested by Contractor must be submitted and approved in
writing by the City prior to work commencing.
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 contract between City and
Contractor. If any provision of the Contract documents, or portion of a provision, is
determined to be illegal, invalid, or unenforceable, the remaining provisions of the
Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is
authorized to do so by the party that he or she represents, and that this Contract is
legally binding on that party. If Contractor is a corporation, signatures from two officers
of the corporation are required pursuant to California Corporation Code section 313.
[Signatures are on the following page.]
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The parties agree to this Contract as witnessed by the signatures below:
CITY OF SAN RAFAEL: CONTRACTOR:
(Yisf vx aU646,
Cristine Alilovich
City Manager
Executed on. July 7, 2025
APPROVED AS TO FORM:
Office of the City Attorney
Andrea Visveshwara
Chief Assistant City Attorney
ATTEST:
City Clerk
Lindsay Lara
City Clerk
By. Matrix HG, Inc.
Name: Matt Stimson
Title: CFO
[if Contractor is a corporation, second
corporate officer signature required]
avf- th&,X yr
By. Matrix HG Inc
Name: Art Hoover
Title: CEO
Contractor's California License Number(s)
and Expiration Date(s) (required under
Section 7 of the Contract):
812232
09/30/2026
Exhibit A: Scope of Work
Exhibit B: Insurance Requirements
Exhibit C: Bond Forms
Exhibit D: Noncollusion Declaration
Exhibit E: Bid Schedule (when applicable)
Exhibit F: Subcontractor List
END OF CONTRACT
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EXHIBIT A
SCOPE OF WORK
This is an Exhibit attached to, and made a part of the Contract by and between
Contractor and the City providing for the referenced services. The Scope of Work
includes:
1. Description of the Work:
1.1 Description: Replace one 3.5 ton Bard Heat Pump Unit at Mary Silveira
Elementary School.
2. Specific Tasks:
As part of the Scope of Work, the Contractor shall perform the following tasks:
2.1 Task 1 — Perform preliminary jobsite safety inspection and isolate
electrical power to unit for work to be performed safely. Disconnect, remove, and
provide proper disposal of the existing Bard Unit.
2.2 Task 2 — Furnish and install (1) new 3.5 ton Bard Heat Pump. Reconnect
the existing control wiring, and electrical to new Bard Heat Pump, restore electrical
power to unit.
2.3 Task 3 — Start up and test for normal operations, and make any additional
recommendations as needed.
DELIVERABLES
Contractor's deliverables under the Contract are enunciated throughout the Contract and
include but are not limited to the following:
1. Project Deliverables:
1. Furnish and install new Bard Heat Pump Unit.
METHOD OF PAYMENT
Subject to the terms and conditions of this Contract, Contractor shall be paid on a basis
set forth herein by the checked boxes below:
x❑ A fixed fee for the work performed
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❑ An hourly rate for the work performed based on the following hourly rates:
List Methods of Payment
SCHEDULE
Work shall be completed within one week from the notice to proceed.
— END OF EXHIBIT A—
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Exhibit B
INSURANCE REQUIREMENTS
Contractor will, at all times under this Contract, maintain the insurance
coverage required in this Exhibit B 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.
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.
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.
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.
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.
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
v. May 2025 Exhibit B
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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.
Failure to comply with these requirements shall be considered a material
breach of contract.
v. May 2025 Exhibit B
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Exhibit C
BONDFORMS
Required for contracts over $25, 000.
v. May 2025 Bond Forms
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Payment Bond
City of San Rafael ("City") and ("Contractor") have
entered into a contract, dated Effective Date as listed in the attached contract
("Contract") for work on the "Project" as listed in the attached contract. The
Contract is incorporated by reference into this Payment Bond ("Bond").
General. Under this Bond, Contractor as principal and
, its surety ("Surety"),
as obligee in an amount not less than $
California Civil Code sections 9550, et seq.
are bound to City
. under
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:
Address-
City/State/Zip
Phone:
Fax
Email
v. May 2025 Bond Forms
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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.
7. Effective Date; Execution. This Bond is entered into and effective on
Effective Date as listed in the attached contract ("Contract") for work.
Three identical counterparts of this Bond, each of which is deemed an
original for all purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
s/
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/
ROBERT F. EPSTEIN, City Attorney
END OF PAYMENT BOND
v. May 2025
Date
Bond Forms
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Performance Bond
City of San Rafael ("City") and ("Contractor') have
entered into a contract, dated Effective Date as listed in the attached contract
("Contract") for work on the "Project" as listed in the attached contract. The Contract is
incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and
. its surety ("Surety"), are bound to City as
obligee for an amount not less than $ to ensure Contractor's
faithful performance of its obligations under the Contract, including its warranty
obligations under the Contract. By executing this Bond, Contractor and Surety
bind themselves and their respective heirs, executors, administrators, successors
and assigns, jointly and severally, to the provisions of this Bond.
2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under
the Contract, including its warranty obligations under the Contract, Surety's
obligations under this Bond will become null and void upon City's acceptance of
the Project, provided Contractor has timely provided a warranty bond as required
under the Contract. Otherwise Surety's obligations will remain in full force and
effect until expiration of the one year warranty period under the Contract. Surety
waives any requirement to be notified of and further consents to any alterations to
the Contract made under the applicable provisions of the Contract documents,
including changes to the scope of Work or extensions of time for performance of
Work under the Contract. Surety waives the provisions of Civil Code sections
2819 and 2845.
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
v. May 2025 Bond Forms
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
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:
Attn:
Address
City/State/Zip.
Phone:
Fax:
Email:
7. Law and Venue. This Bond will be governed by California law, and any dispute
pursuant to this Bond will be venued in the Superior Court of Marin County, and no
other place. Surety will be responsible for City's attorneys' fees and costs in any
action to enforce the provisions of this Bond.
8. Effective Date; Execution. This Bond is entered into and effective on Effective
Date as listed in the attached contract ("Contract") for work. Three identical
counterparts of this Bond, each of which is deemed an original for all purposes, are
hereby executed and submitted.
SURETY
Business Name
s/
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
v. May 2025 Bond Forms
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
S/
Name/Title
S/
Name/Title
APPROVED BY CITY,-
S/
ROBERT F. EPSTEIN, City Attorney Date
END OF PERFORMANCE BOND
v. May 2025
Bond Forms
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
Bid Bond
('Bidder") has submitted a bid, dated
("Bid"), to the City of San Rafael ("City") for work on the
("Project").
Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and
, its surety ("Surety"), are bound to City as obligee
in the penal sum of ten percent of the maximum amount of the Bid (the "Bond Sum").
Bidder and Surety bind themselves and their respective heirs, executors, administrators,
successors and assigns, jointly and severally, as follows:
General. If Bidder is awarded the Contract for the Project, Bidder will enter into
the Contract with City in accordance with the terms of the Bid.
2. Submittals. Within ten days following issuance of the Notice of Award to Bidder,
Bidder must submit to City the following:
2.1 Contract. The executed Contract, using the form provided by City in the
Project contract documents ("Contract Documents");
2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price,
executed by a surety licensed to do business in the State of California using
the Payment Bond form included with the Contract Documents;
2.3 Performance Bond. A performance bond for 100% of the maximum
Contract Price, executed by a surety licensed to do business in the State of
California using the Performance Bond form included with the Contract
Documents; and
2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the
Contract Documents, and any other documents required by the Instructions to
Bidders or Notice of Award.
3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and
insurance certificates as required by the Contract Documents, Surety guarantees
that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the
manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn
Address:
City/State/Zip
Phone:
Fax:
Email-
v. May 2025 Bond Forms
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then
this obligation will be null and void; otherwise it will remain in full force and effect
for 60 days following the bid opening or until this Bid Bond is returned to Bidder,
whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and
2845.
This Bid Bond is entered into and effective on
SURETY:
Business Name
s/
Date
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
BIDDER:
Business Name
s/
Name, Title
Date
END OF BID BOND
v. May 2025 Bond Forms
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
Exhibit D
NONCOLLUSION DECLARATION
TO BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH BID
The undersigned declares:
I am the CFO
the foregoing bid.
of Matrix HG, Inc.
the party making
The bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation. The bid is genuine and
not collusive or sham. The bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid. The bidder has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element
of the bid price, or of that of any other bidder. All statements contained in the bid are
true. The bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid,
and has not paid and will not pay, any person or entity for such purpose.
This declaration is intended to comply with California Public Contract Code § 7106 and
Title 23 U.S.0 § 112.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on July 7, 2025
[date], at concord [city], CA [state].
s/`—
Matt Stimson
Name [print]
END OF NONCOLLUSION DECLARATION
v. May 2025 Exhibit D
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
Exhibit E
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
NO.
ITEM DESCRIPTION
EST. QTY.
UNIT
UNIT COST
EXTENDED
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.
v May 2025 Exhibit E
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
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
#01
#02
#03
#04
Date Received
Addendum
#05
#06
#07
#08
END OF BID SCHEDULE
Date Received:
v. May 2025 Exhibit E
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
Exhibit F
SUBCONTRACTOR LIST
For each Subcontractor that will perform a portion of the Work in an amount in excess of
one-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of
the Work, the name of the Subcontractor, its California contractor license number, the
location of its place of business, its DIR registration number, and the portion of the Work
that the Subcontractor is performing based on a percentage of the Base Bid price.
DESCRIPTION
OF WORK
SUBCONTRACTOR
NAME
CALIFORNIA
CONTRACTOR
LICENSE NO.
LOCATION OF
BUSINESS
DIR REG. NO.
PERCENT
OF
WORK
END OF SUBCONTRACTOR LIST
'For street or highway construction this requirement applies to any subcontract of $10,000 or more
v May 2025 Exhibit F
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
hp,C� RAF,q�!
? z
�, yo
/TY WITH N
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown
below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Shannon Mackle (for Omar Garcia)
Contractor Name: Matrix HG, Inc
Contractor's Contact: Frank Villa Contact's Email: (villa@matrixhginc.com
City Council Date: ❑
or nX Not applicable
❑ FPPC: Check if Contractor must file Form 700
RESPONSIBLE PARTY
DESCRIPTION
Review, revise as needed, and approve agreement as to
COMPLETED
City Attorney's Office
N'17
form
At
Department Director
Review and approve agreement
Email PINS insurance request to Contractor
Risk Management
Wr
Confirm insurance documentation is complete
Review and sign off on funding availability
Finance
VI5
All following documents are attached as reference material.
Docusign Envelope IDF9C2Al3F2-183C-4C3
MATRIXHG
BUILDING SOLUTIONS -
May 9, 2026
Quote No. JL-2025-4576
City of San Rafael - Public Works
Attn: Omar Garcia
111 Morphew Street
San Rafael, CA 94901
Phone: 416-686-4666 1 email:omar.garcia@cityofsanrafael.org
Project Name: Replace (1) 3.5 Ton Bard Heat Pump Unit
Job Site Address: 375 Blackstone Drive San Rafael
Area(s) affected: Mary Silveira Elementary School - Bard Unit
Scope of Services
Matrix HG Inc. is pleased to provide this proposal to replace (1) Bard Heat Pump Unit at Mary Silveira Elementary School
located at 375 Blackstone Drive San Rafael. Matrix HG Inc. will perform the following:
• Perform preliminary jobsite safety inspection.
• Isolate electrical power to unit for work to be performed safely.
• Disconnect, remove, and provide proposal disposal of the existing Bard Unit.
• Furnish and install (1) new 3.5-ton Bard Heat Pump.
• Reconnect the existing control wiring to new Bard Heat Pump.
• Reconnect the existing electrical to new Bard Heat Pump.
• Restore electrical power to unit.
• Start up and test for normal operations.
• Make any additional recommendations as necessary based
Base Project Amount: $30,224
Regards,
Frank Villa
Vice President Service Sales
Executed By: Date:
Print Namerritle: Approved Project Amount: $
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
MATRIXHG
V BUILDING SOLUTIONS„
Excludes: permits, roofing, overtime labor, electrical, painting or patching, repairs to existing equipment, fire life safety
upgrades and repairs, mechanical and structural engineering and anything other than stated above.
Pricing and lead time are only valid for 30 days.
Pricing does not include tariffs, which may be imposed by the Federal Government at any time. Any tariffs imposed after
the date of this proposal which directly increase the cost of the equipment and materials presented in this proposal, will
be added to the value of the resulting contract. Tariffs are payable by customer.
Due to the recent shutdowns and vendor supply chain issues, please be advised that there are longer lead times for
equipment and parts than usual. We will do our best to provide the most accurate lead time information possible but
changes in pricing and delays are expected. We will update you accordingly. Pricing and lead time are only valid for 30
days.
TERMS AND CONDITIONS
GENERAL CONDITIONS
A. Each sentence or paragraph of the Terms and Conditions of the Agreement between Customer and Contractor.
Proposal for Services shall be construed as an express term or conditions of this Contract.
B. Issuance of Purchase order or other communications by Customer authorizing Contractor to perform the Scope of
Work will constitute acceptance of each and every term and condition of this Contract. Any additional terms or
conditions stated in Customers Purchase Order, or other communication accepting this Contract shall not be valid
under any circumstances unless specifically approved by written response of Contract. Failure to respond by
Contractor shall be deemed a denial of any additional terms or conditions stated in Customer's acceptance.
C. Contractor shall comply with Federal, State and Local laws.
D. Any claim against Contractor alleging any breach of this Contract or asserting negligence by Contractor must be
initiated no later than (1) year after Contract Completion.
E. Contract Completion shall be on the date on which Contractor's work is completed, as distinguished from the date
of Customer's Acceptance thereof.
F. Contractor shall advise Customer of the completion of the work. Upon Customer's prompt inspection and notice
to Contractor of any work not in accordance with this Contract, Contractor will correct such work. Customer's
inspections shall be performed in sequence with Contractor's work process, so as to avoid delay. If Customer fails
to give such notice to Contractor within seventy-two (72) hours from notice of Contract Completion, Contractor's
performance shall be deemed to be completed.
G. If Contractor claims it is required to change the method, manner, or sequence of construction, Contractor shall
notify the Customer in writing of such claim and if requested, Contractor shall provide Customer with a brief
report. Contractor reserves the right to obtain a reasonable Change Order for costs or work associated with such
changes.
H. Contractor shall maintain Worker's Compensation and General Liability insurance in limits required by state law.
Contractor will furnish appropriate Insurance Certificates as requested. Owner agrees that Contractor's total
liability shall not exceed the total amount recoverable from the coverage specified by such Insurance Certificates.
Docusign Envelope ID: F9C2ABF2-183C-4C2
MATRIXHG
BUILDING SOLUTIONS.
�. Contractor accepts no liability to indemnify or hold Customer harmless for claims or damages to persons or
property, except to the extent that such damages occur during performance of Contractor's work, and are the
direct result of Contractor's negligent error or omission. Customer understands and agrees that Contractor shall
have no responsibility at any time after completion of the work for damages of any kind to persons or property.
J. Contractor assumes no responsibility for design, structural adequacy, or compliance of the structure with building
codes. If "professional" design services are necessary, Customer shall be responsible for the results of such
services, whether or not such services are provided in relationship to this Contract.
K. Contractor is not responsible for items not normally subject to mechanical maintenance including but not limited
to: duct work, casings, cabinets, fixtures. Structural supports, grillage, water piping, steam piping, drain piping,
cooling tower fill, boiler tubes, boiler refractory, disconnect switches, and circuit breakers. Contractor is not
responsible for repairs, replacements, alterations, additions, adjustments, repairs by others, vandalism,
obsolesce, building system design, damage due to freezing weather, chemical/electrochemical attack, corrosion,
erosion, deterioration due to unusual wear and tear, any damages related to the presence of mold, fungi, mildew,
or bacteria damages caused by power reduction or any other cause beyond Contractor's control. Contractor shall
not be required to repair or replace equipment that has not been properly maintained.
�. Contractor is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos,
products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. In
the event that Contractor encounters any of these hazardous materials in the course of performing the work,
Contractor may suspend its work and remove its employees from the project until such product or hazardous
material and any additional hazardous material connected with it are abated. Contractor shall receive an extension
of time to complete its work and compensation for delays encountered as a result of such situation and its
correction. Contractor shall not be required to perform tests, install any items of equipment, or make
modifications that may be recommended or directed by insurance companies, government, state, municipal or
other authority. However, in the event any such recommendations occur, Contractor, at its option may submit a
proposal for Customer's consideration in addition to this Agreement.
M. The price for this Contract includes Contractor's labor, trade work, supervision, equipment, and materials
necessary to perform the Contract according to conditions which could be reasonably anticipated by HVAC
tradespersons visually examining the job site. If latent conditions cause delay or require unanticipated cost or
expense in the performance of the Contract, Contractor shall promptly notify Customer of such conditions in
writing. Contractor shall charge for such additional services or rework, and be compensated as authorized by a
change order to this Contract.
N. The Contract Price is based on Contractor's estimated cost and expense in effect as of this proposal date. Should
costs or expenses not under the control of the Contractor increase during the performance of Contractor's work,
Contractor shall promptly notify Customer of its additional cost or expense. Contractor shall charge for such
additional costs and expenses, and be compensated as if authorized by a Change Order to this Contract.
0. Customer shall not require Contractor to become a party to or comply with any terms or conditions of any
collective bargaining agreement.
DUTIES AND RESPONSIBILITIES OF OWNER
P. Customer represents to Contractor that the building and the roof deck on which the installation is to be made is in
a sound, load -bearing conditions, sufficient for the project conditions for Contractor's work. Customer represents
that the building's structure will be adequate for Contractor's work. Customer will inform Contractor in writing of
any latent or other conditions which could affect the Contractor's work.
Q. Customer shall provide the following:
a. Safe and reasonable equipment access and a safe work environment.
Docusign Envelope ID: F9C2Al3F2-183C-4C
�MATRIXHG
BUILDING SOLUTIONS-
b. Permit access to Customer's site and use of building services including but not limited to: water,
elevators, receiving dock facilities, electrical service, and local telephone service.
C. Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls, partitions,
or furniture that may be necessary to perform the specified service.
d. Promptly notify contractor of any unusual operating conditions.
e. Upon agreement of a timely mutual schedule, allow Contractor to stop and start equipment necessary to
perform service.
f. Provide adequate water treatment.
g. Provide the daily routine equipment operations (if not part of this Agreement) including availability of
routine equipment log readings.
h. Where Contractor's remote monitoring service is provided, provide and maintain a telephone line with
long distance direct dial and answer capability.
I. Promptly address any issues that arise related to mold, fungi, mildew, or bacteria.
PAYMENT
R. Payment shall be made net 30 days from date of invoice. Contractor reserves the right to require cash payment or
other alternative method of payment prior to the completion of work if Contractor determines, in its sole
discretion, that Customer or Customer's assignee's financial condition at any time does not justify continuance of
the net 30 payment term. In addition to the Contract price, Customer shall pay any applicable taxes or government
changes that may be required in connection with the service or material furnished under this Agreement.
WARRANTY
S. Contractor warrants that all service provided under this Agreement shall be performed in a workmanlike manner.
Contractor also warrants that all parts or components supplied hereunder shall be free from defects in material
and workmanship. Matrix HG Inc will provide the labor without charge to replace parts and components sold and
installed by Matrix HG Inc that becomes defective within 90days of installation date, parts and component
warranties from manufacturer may apply. On new unit installations the warranty will be 1 year on labor, parts, and
equipment components, provided that they were not damaged, abused, or affected by chemical properties.
Contractor shall not be liable for repairs required as a consequence of faulty installation (by others),
misapplication, abuse, improper servicing, unauthorized alteration or improper operation. Any claim for defective
workmanship must be provided to Contractor in writing. THIS WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Contractor's obligation to repair, replace, or
issue credit for any defective equipment, components or service shall be customer's exclusive remedy.
EQUIPMENT CONDITIONS & RECOMMENDED SERVICE
T. Upon the initial scheduled preventative maintenance or annual maintenance, should Contractor determine the
need for repairs or replacement, Contractor will provide Customer in writing an "equipment conditions" report
including recommendations for corrections and the price for repairs in addition to this agreement. In the event
Contractor recommends certain services that are not included herein or upon initial inspection, and if Customer
does not elect to have such services properly performed in a timely fashion, Contractor shall not be responsible
for any equipment or control failures, operability, or any long-term damage that may result. Contractor at its own
option will either continue to maintain equipment and/or controls to the best of its ability, without any
responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.
EXCLUSIONS
Docusign Envelope ID: F9C2ABF2-183C-4C3
i
MATRIXHG
BUILDING SOLUTIONS-
U. Unless specifically addressed in the Scope of Services, the following items will be excluded: pre-existing
conditions, code compliance improvements to the existing HVAC, permits, Title 24 calculations, engineering,
structural calculations, or modifications, building life -safety tie in, overtime labor, line voltage power wiring,
gas/condensate piping, patching/sealing of penetrations and anything other than stated in the Scope of Services.
Anything not specifically listed as included herein shall be known by the parties as excluded from this proposal.
CONTRACT EXECUTION
V. This contract signed by both parties constitutes a final written expression of all the terms of this agreement and is
a complete and exclusive statement of those terms, except as modified by written Change Orders agreed to by
each party to this agreement.
W. Should this Contract conflict with project specifications, this Contract shall govern. Should the Scope of Work
conflict with the Manufacturer's Specifications, the Scope of Work shall govern. Should Drawings prepared by
Contractor conflict with Manufacturer's Standard Construction Details, the Contractor's Drawings shall govern.
Certificate Of Completion
Envelope Id: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
Subject: DocuSign: Public Works Contract with Matrix HG for Heat Pump Replacement at Mary Silveira
Source Envelope:
Document Pages: 31 Signatures: 6
Certificate Pages: 6 Initials: 4
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
6/3/2025 1:48:50 PM
Signer Events
Nataly Torres
natalyt@cityofsanrafael.org
Administrative Analyst
City of San Rafael
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/5/2025 11:54:14 AM
ID:394ce5cc-eac2-405c-acf6-dc296cb8c948
April Miller
aprilm@cityofsanrafael.org
Public Works Director
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Van Bach
vanb@cityofsanrafael.org
Accounting Manager
City of San Rafael
Signing Group: Finance
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Holder: Shannon Mackle
shannonm@cityofsanrafael.org
Signature
0-F
Signature Adoption: Pre -selected Style
Using IF Address: 199.88.113.8
Ah
Signature Adoption: Uploaded Signature Image
Using IP Address: 199.88.89.34
V15
Signature Adoption: Pre -selected Style
Using IF Address: 199.88.113.8
0 docusign.
Status: Completed
Envelope Originator:
Shannon Mackle
111 Morphew St
San Rafael, CA 94901
shannonm@cityofsanrafael.org
IP Address: 199 88.113 8
Location: DocuSign
Timestamp
Sent: 6/5/2025 9:41:56 AM
Resent: 6/10/2025 3:04:39 PM
Resent: 6/20/2025 10:04:02 AM
Viewed: 6/20/2025 10:59:46 AM
Signed: 6/20/2025 11:06:16 AM
Sent: 6/20/2025 11:06:19 AM
Viewed: 6/20/2025 11:14:37 AM
Signed: 6/20/2025 11:14:58 AM
Sent: 6/20/2025 11:06:19 AM
Viewed: 6/20/2025 11:23:04 AM
Signed: 6/24/2025 1:46:27 PM
Matt Stimson Sent: 7/7/2025 8:34:34 AM
mstimson@matrixhginc.com Viewed: 7/7/2025 9:06:01 AM
CFO Signed: 7/7/2025 9:08:13 AM
Matrix HG, Inc.
Security Level: Email, Account Authentication Signature Adoption: Uploaded Signature Image
(None) Using IP Address: 162 251 240.120
Electronic Record and Signature Disclosure:
Accepted: 6/24/2025 1:58:40 PM
ID:df63b886-8865-49f1-91e7-da992d436322
Signer Events Signature Timestamp
Art Hoover Sent: 7/7/2025 9:08:15 AM
adhoover@matrixhginc.com Q (�dr V Viewed: 7/7/2025 10:28:02 AM
CEO Signed: 7/7/2025 10:30:35 AM
Matrix HG Inc
Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style
(None) Using IP Address: 162.251.240.115
Electronic Record and Signature Disclosure:
Accepted: 7/7/2025 10:28:02 AM
ID:fd910ba5-e27d-4d81-a828-5318bcad7069
Andrea Visveshwara Sent: 7/7/2025 10:30:39 AM
andreav@cityofsanrafael.org a" �"" �10" r'" Viewed: 7/7/2025 12:53:54 PM
Chief Assistant City Attorney Signed: 7/7/2025 12:58:00 PM
City of San Rafael
Signature Adoption: Pre selected Style
Security Level: Email, Account Authentication
(None) Using IP Address: 199.88.113.8
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Nataly Torres Sent: 7/7/2025 10:30:39 AM
NatalyT@cityofsanrafael org Wr Viewed: 7/7/2025 4:09:15 PM
Administrative Analyst Signed: 7/7/2025 4:09:38 PM
City of San Rafael
Signing Group: City Attorneys Office Signature Adoption: Pre -selected Style
Security Level: Email, Account Authentication Using IP Address: 199.88.113.8
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Cristine Alilovich Sent: 7/7/2025 4:09:42 PM
cristinea@r'_cityofsanrafael.org �v S lva, 9(a(.U,,4 Viewed: 7/7/2025 8:32:11 PM
City Manager Signed: 7/7/2025 8:32:24 PM
City of San Rafael
Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style
(None) Using IP Address:
2601:645:e82:6d80:f87e:fc75: a27a: e5ca
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lindsay Lara Sent: 7/7/2025 8:32:27 PM
lindsayl@cityofsanrafael.org Viewed: 7/8/2025 12:19:51 PM
City Clerk Signed: 7/8/2025 12:20:15 PM
City of San Rafael
Signature Adoption: Pre -selected Style
Signing Group: City Clerk
Security Level: Email, Account Authentication Using IP Address: 199.88.113.8
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Editor Delivery Events
Status
Nataly Torres
natalyt@cityofsanrafael.org
VI EWE D
Administrative Analyst
City of San Rafael
Using IP Address: 199.88.113.8
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Agent Delivery Events Status
Intermediary Delivery Events Status
Certified Delivery Events
Status
Nataly Torres
NatalyT@cityofsanrafael.org
VIEWED
Administrative Analyst
City of San Rafael
Using IP Address: 199.88.113.8
Signing Group: City Attorney's Office
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status
Matt Stimson C O PIED
mstimson@matrixhginc com
Matt Stimson - CFO
Matrix HG, Inc.
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/24/2025 1:58:40 PM
ID:df63b886-8865-49fl-9le7-da992d436322
Matrix Projects
projects@matrixhginc.com COPIED
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/25/2025 8:45:20 AM
ID:acb7ld87-eb9f-4832-833a-79eced158b29
Timestamp
Sent: 6/3/2025 3:51:44 PM
Viewed: 6/5/2025 9:19:51 AM
Completed: 6/5/2025 9:39:02 AM
Timestamp
Timestamp
Timestamp
Sent: 6/20/2025 11:06:18 AM
Viewed: 6/20/2025 11:07:22 AM
Timestamp
Sent:6/24/2025 1:59:31 PM
Sent: 7/8/2025 12:20:20 PM
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
6/3/2025 3:51:44 PM
Envelope Updated
Security Checked
6/4/2025 8:45:34 AM
Envelope Updated
Security Checked
6/4/2025 8:50:36 AM
Envelope Updated
Security Checked
6/4/2025 10:13:28 AM
Envelope Updated
Security Checked
6/4/2025 11:09:14 AM
Envelope Updated
Security Checked
6/4/2025 11:09:14 AM
Envelope Updated
Security Checked
6/4/2025 11:09:14 AM
Envelope Updated
Security Checked
6/4/2025 11:09:14 AM
Envelope Updated
Security Checked
6/4/2025 11.12:17 AM
Envelope Updated
Security Checked
6/5/2025 9:39:03 AM
Envelope Summary Events
Status
Timestamps
Envelope Updated
Security Checked
6/512025 9:39:03 AM
Envelope Updated
Security Checked
6/5/2025 9:39:03 AM
Envelope Updated
Security Checked
6/5/2025 9:39:03 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:04:01 AM
Envelope Updated
Security Checked
6/20/2025 10:09:14 AM
Certified Delivered
Security Checked
7/8/2025 12:19:51 PM
Signing Complete
Security Checked
7/8/2025 12:20:15 PM
Completed
Security Checked
7/8/2025 12:20:20 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 5/22/2025 12:46:43 PM
Parties agreed to: Nataly Torres, Matt Stimson, Art Hoover, Matt Stimson, Matrix Projects
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of San Rafael (we, us or Company) may be required by law to provide to you certain written
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San Rafael.
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
Bond No: 9461729
Premium $319.00 is for the contract term and is subject
Performance Bond to adjustment based on final contract price
City of San Rafael ("City") and Matrix HG, Inc. ("Contractor") have
entered into a contract, dated Effective Date as listed in the attached contract
("Contract") for work on the "Project" as listed in the attached contract. The Contract is
incorporated by reference into this Performance Bond ("Bond").
1. General. Under this Bond, Contractor as Principal and
Fidelity and Deposit Company of Maryland , its surety ("Surety"), are bound to City as
obligee for an amount not less than $ 30,224.00 to ensure Contractor's
faithful performance of its obligations under the Contract, including its warranty
obligations under the Contract. By executing this Bond, Contractor and Surety
bind themselves and their respective heirs, executors, administrators, successors
and assigns, jointly and severally, to the provisions of this Bond.
2: Surety's Obligations; Waiver. If Contractor fully performs its obligations under
the Contract, including its warranty obligations under the Contract, Surety's
obligations under this Bond will become null and void upon City's acceptance of
the Project, provided Contractor has timely provided a warranty bond as required
under the Contract. Otherwise Surety's obligations will remain in full force and
effect until expiration of the one year warranty period under the Contract. Surety
waives any requirement to be notified of and further consents to any alterations to
the Contract made under the applicable provisions of the Contract documents,
including changes to the scope of Work or extensions of time for performance of
Work under the Contract. Surety waives the provisions of Civil Code sections
2819 and 2845.
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
v. May 2025 Bond Forms
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
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:
Attn: Shannnon Soprenuk C/O Marsh & McLennan Insurance Agency LLC
Address: 9171 Towne Centre Dr, Suite 100
City/State/Zip: San Diego, CA 92122
Phone: 800-321-4694
Fax: 858-452-7530
Email: Shannon.Soprenuk@MarshMMA.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 Effective
Date as listed in the attached contract ("Contract") for work. Three identical
counterparts of this Bond, each of which is deemed an original for all purposes, are
hereby executed and submitted.
RETY: Fidelity and Deposit Company of Maryland
Business Name C \
s/
Patricia White/Attomey-in-Fact
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Matrix HG, Inc.
Business Name
v. May 2025 Bond Forms
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
S/
Name/Title
S/
Da
Name/Title
APPROV�Y CITY:
ROBERT F. EPSTEIN, City Attorney
—1 . (c -Z4-�
END OF PERFORMANCE BOND
Date
v. May 2025 Bond Forms
ATTORNEY -IN -FACT ACKNOWLEDGEMENT
STATE OF WA
COUNTY OF Thurston 1
On this day of 0Z before me, the undersigned, a
Notary Public in and for the said State, personally appeared Patricia White , known to
me to be the Attorney -in -fact for
whose name is subscribed to the within instrument and acknowledged to me that she
executed the same.
`����p.FtY P0B//
0 Commission Number
21010413
-� Danielle Enriquez Z-
'{ My Appointment Expires O
�A 2122/2029
�:
op
Danielle Enriquez NOTARY PUBLIC
My commission expires: 2/22/2029
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of C"Ym.- - )
Iti�1
I� Ic t o ,,
On �.��.1 %LS' before me, t IV6 r Y ICJ-6Y- j L?bl G
(here insert name and title of the officer)
personally appeared MOtVa Vl
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to
the within instrument and acknowledged to me that heshe/they executed the same in H5 /their
authorized capacity(ies), and that by 144Aeep/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature d" , )Uu
*my
ASHLEY SILVA
Notary Public • California
Contra Costa County
Commission N 2471112
Comm. Expires Nov 18, 2027
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Offcer(s)
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing:
Names) of Person(s) or Emity(ies) Signer is Representing
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
0 form(s) of identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page 9 Entry t!
Notary contact:
Other
❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s)
o Copyright 2007-201 B Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
Bond No: 9461729
Premium included in the performance bond
Payment Bond
City of San Rafael ("City") and Matrix HG, Inc. ("Contractor") have
entered into a contract, dated Effective Date as listed in the attached contract
("Contract") for work on the "Project" as listed in the attached contract. The
Contract is incorporated by reference into this Payment Bond ("Bond")..
1. General. Under this Bond, Contractor as principal and
Fidelity and Deposit Company of Maryland , its surety ("Surety"), are bound to City
as obligee in an amount not less than $30,224.00 under
California Civil Code sections 9550, et seq.
2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay
any of the persons named in California Civil Code section 9100 amounts
due under the Unemployment Insurance Code with respect to work or labor
performed under the Contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from
the wages of employees of Contractor and its subcontractors, under
California Unemployment Insurance Code section 13020, with respect to the
work and labor, then Surety will pay for the same.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named
in California Civil Code section 9100, so as to give a right of action to those
persons or their assigns in any suit brought upon this Bond. Contractor must
promptly provide a copy of this Bond upon request by any person with legal
rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor,
materials, and equipment furnished for use in the performance of the Work
required by the Contract, in conformance with the time requirements set
forth in the Contract and as required by California law, Surety's obligations
under this Bond will be null and void. Otherwise, Surety's obligations will
remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the
Contract or extensions of time for performance of the Work under the
Contract. Surety waives the provisions of Civil Code sections 2819 and
2845. City waives requirement of a new bond for any supplemental contract
under Civil Code section 9550. Any notice to Surety may be given in the
manner specified in the Contract and delivered or transmitted to Surety as
follows:
Attn: Shannnon Soprenuk C/O Marsh & McLennan Insurance Agency LLC
Address: 9171 Towne Centre Dr, Suite 100
City/State/Zip: San Diego. CA 92122
Phone: 800-321-4694
Fax: 858-452-7530
Email: Shannon.Soprenuk@MarshMMA.com
v. May 2025 Bond Forms
Docusign Envelope ID: F9C2ABF2-183C-4C32-92A6-D76D3BB75526
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.
7. Effective Date; Execution. This Bond is entered into and effective on
Effective Date as listed in the attached contract ("Contract") for work.
Three identical counterparts of this Bond, each of which is deemed an
original for all purposes, are hereby executed and submitted.
SURETY: Fidelity and Deposit Company of Maryland
,. Business Name
s/
Patricia Wh ite/Attornev-i n- Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Matrix HG, Inc.
Business Name
s/
s/
1►
APPR E Y CITY:
s/
ROBERT F. EPSTEIN, City Attorney
END OF PAYMENT BOND
Date
v. May 2026 Bond Forms
ATTORNEY -IN -FACT ACKNOWLEDGEMENT
STATE OF WA )
COUNTY OF Thurston 1
On this , day of i� �,Ltil ��� before me, the undersigned, a
Notary Public in and for the said State, personally appeared Patricia White , known to
me to be the Attorney -in -fact for
whose name is subscribed to the within instrument and acknowledged to me that she
executed the same.
RYrrP
0 Commission Number
21010413
=N Danielle Enriquez Z=
My Appointment Expires �O`
%�X 212212029
Oii�r�i�,
Danielle Enriquez NOTARY PUBLIC
My commission expires: 2/22/2029
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notarypublic 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 Califorrnia,� )
County of c6 `�`tp C,:fA& )
On �U ` ad + 2W7 L< before me, ( J 11 W . 1-6 fol Poblt'c r
(here insert name and title of the officer)
personally appeared n4+ `�hmN -,on d ✓ t'd 6f-e
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jr/are subscribed to
the within instrument and acknowledged to me that here/they executed the same in him/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature G�
emy
ASHLEY SILVA
Notary Public - California
Contra Costa CountyCommission # 2471112
Comm. Expires Nov 18, 2027
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing:
Title(s)
Name(s) of Person(s) or Entity(ies) Signer is Representing
Method of Sianer Identification
Proved to me on the basis of satisfactory evidence:
0 form(s) of identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page fi Entry ))
Notary contact:
❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s)
0 Copyright 2007-2018 Notary Rotary, Po Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert
D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth
on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint
Marta COLLETT, Patricia WHITE, Tim MCCLELLAN, Shannon ALVAREZ, Denielle ENRIQUEZ and Kathleen
VANDERSLICE, all of San Diego, California its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for,
and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in
pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly
executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New
York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in
Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in
Owings Mills, Maryland., in their own proper persons.
f
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28th day of Fcbruarv. A.D. 2024.
W6 „"wuu,uy„
Pvo14A,0-
_�}
g
'gOJ .......�b�° ?,y Cori �7`• .°?� n�, ��
I'll„„ ,,.110 ATTEST:
°'.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
BY: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 28th day of February, A.D. 2024, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Genevieve M. Maison
�-
t3ENEVIEVE M. MAISON
PUBLIC •.
NOTARY PUBLIC
BALTIMORE COUNTY, MD
My Commission EvhsJANUARY27,2025
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 1 Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 30th day of June , 2025 .
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Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
reportsfclaims u�zurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvatidator.zurichna.com or 410-559-8790