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Home My WebLink AboutPW St. Resurfacing Curb Ramps 2012 ProjectAgenda Item No: 3g Meeting Date: July 2, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public W6rJks � .. Prepared by: Public Works Director (HY) City Manager Approva� w �" File No.: 16.01.263 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITYWIDE STREET RESURFACING 2012 CURB RAMPS PROJECT, CITY PROJECT NO. 11204, TO FIELDSTONE CONSTRUCTION COMPANY IN THE AMOUNT OF $214,372.50. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to Fieldstone Construction Company in the amount of $214,372.50 for the base bid and alternate bid item 2. BACKGROUND: In June 2012, the City of San Rafael procured funding from Caltrans for roadway rehabilitation of approximately 3.1 miles of City streets. It is anticipated that the following roadway segments will be resurfaced: ■ Fifth Avenue from B Street to H Street; ■ Redwood Highway from Smith Ranch Road to Mitchell Boulevard; ■ Bellam Boulevard from Woodland Avenue (City Limits) to I-580 Ramps; ■ Bellam Boulevard from Kerner Boulevard to Windward Way; ■ D Street from Antonette Avenue to Second Street; and ■ Mission Avenue from Union Street to H Street. Current Americans with Disabilities Act (ADA) design standard mandates that altered (i.e. resurfaced) roads must include curb ramps or sloped areas at any intersection to provide access for pedestrians. Therefore, in anticipation of resurfacing the above noted streets, this project includes installation of 15 new compliant curb ramps, two driveways at Falkirk Cultural Center, a sidewalk extension on Bellam Boulevard at Vista Del Mar, and storm drainage improvements. Alternate bid item 1, which includes one sidewalk underdrain, will not be included in the contract work. However, alternate bid item 2, which involves drainage improvements on Bellam Boulevard near Vista Del Mar, will be included in the contract. The design of the project was completed by City of San Rafael Department of Public Works engineering staff. FOR CITY CLERK ONLY File No.: 14 --1 rS Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pale: 2 On May 21, 2012, the City Council adopted the plans and specifications and authorized the City Clerk to call for bids. The project was advertised in accordance with San Rafael's Municipal Code and policies on May 25, 2012, and sealed bids were publicly opened and read aloud on June 14, 2012 at 10:00 AM. The base bid was used for comparison of prices and award of the contract. The engineer's estimate was $214,000 for the base bid while the engineer's estimate for alternate bid items 1 and 2 were $700 and $11,000, respectively. The following three base bids were received: NAME OF BIDDER AMOUNT Fieldstone Construction Company $201,672.50 Ghilotti Construction Company $266,131.00 Ghilotti Brothers, Inc. $299,169.00 ANALYSIS: The low base bid from Fieldstone Construction Company of $201,672.50 plus alternate bid item 2 of $12,700.00 falls within the allocated project budget. FISCAL IMPACT: To date, a total of $11,088.31 has been charged to this project to collect topographic survey and for plan and specification reproduction. The remaining project expenses include the constriction to be performed by Fieldstone Construction Company and a recommended contingency of approximately 11% for constriction resulting in a total construction cost of $238,911.69 and a total project cost of $250,000.00. The following table summarizes the costs which are associated with this project: Category -Eden Expense Code Amount Notes Already Charged Expenses Design and Consultation -01 $10,000.00 Topographic Survey Supplies & Services -07 $1,088.31 Reproduction of Plans and Specifications Already Charged Expenses Subtotal $11,088.31 Remaining Expenses Constriction -02 $201,672.50 Base Bid Contract Amount $12,700.00 Alternate Bid Item 2 Contract Amount $24,539.19 Contingency Remaining Expenses Subtotal $238,911.69 Total Project Cost $250,000.00 OPTIONS: The Council may choose not to award the contract and direct staff to rebid the project. ACTION REQUIRED: Adopt resolution awarding contract to Fieldstone Construction Company in the amount of $214,372.50. Enclosures 1. Resolution 2. Agreement RESOLUTION NO. 13369 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITYWIDE STREET RESURFACING 2012 CURB RAMPS PROJECT, CITY PROJECT NO. 11204, TO FIELDSTONE CONSTRUCTION COMPANY IN THE AMOUNT OF $214,372.50. WHEREAS, on the 14'h day of June, 2012, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Citywide Street Resurfacing 2012 Curb Ramps" City Project No. 11204 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Fieldstone Construction Company at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Fieldstone Construction Company is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Fieldstone Construction Company at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with Fieldstone Construction Company in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. RESOLVED, FURTHER, that the Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 2"d day of July, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 16.01.263 City of San Rafael ♦ California Form of Contract Agreement for Citywide Street Resurfacing 2012 Curb Ramps City Project No. 11204 This Agreement is made and entered into this 2nd day of July, 2012 by and between the City of San Rafael (hereinafter called City) and Fieldstone Construction Company (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Citywide Street Resurfacing 2012 Curb Ramps, City Project No. 11204, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary with respect to any other insurance available to the City. II - Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within THIRTY (30) WORKING DAYS and with such extensions of time as are provided for in the General Conditions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of calendar days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,000 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 1V - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID 1. Signs and Traffic Control 1 LS $7,500.00 $7,500.00 2. Clearing and Grubbing 1 LS $15,000.00 $15,000.00 Page 1 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID (CONTINUED) 3. Minor Concrete — Minor Structures a. Type A Curb & Gutter 565 LF $32.00 $18,080.00 b. Type E Curb (6" Max. Height) 90 LF $30.00 $2,700.00 c. 6 -inch Thick PCC Driveway/Gutter SlabNalley Gutter 1,735 SF $11.00 $19,085.00 d. 4 -inch Thick PCC Sidewalk 2,685 SF $9.50 $25,507.50 e. Retaining Curb 50 LF $20.00 $1,000.00 f. Curb Ramp — Case A 5 EA $2,900.00 $14,500.00 g. Curb Ramp — Case C 4 EA $3,400.00 $13,600.00 h. Curb Ramp — Modified Case C 1 EA $3,700.00 $3,700.00 i. Curb Ramp — Case F 5 EA $3,500.00 $17,500.00 j. Median Island Passageway 1 LS $1,500.00 $1,500.00 k. Type E Catch Basin 2 EA $2,500.00 $5,000.00 1. Turning Structure with Pipe 1 LS $5,000.00 $5,000.00 m. Trench Drain with Grate 30 LF $100.00 $3,000.00 n. Falkirk Driveways Drainage System 1 LS $7,500.00 $7,500.00 4. Asphalt Concrete 118 TON $225.00 $26,550.00 5. Sanitary Sewer Improvements 1 LS $3,500.00 $3,500.00 6. Reset Sign and Post 7 EA $350.00 $2,450.00 7. Pavement Markings 1 LS $9,000.00 $9,000.00 SUBTOTAL BASE BID $201,672.50 ALTERNATE BID ITEM 2 2. Drainage Improvements 1 LS $12,700.00 $12,700.00 SUBTOTAL ALTERNATE BID ITEM 2 $12,700.00 $12,700.00 GRAND TOTAL $214,372.50 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Page 2 Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 16.01.263 CITY OF SAN RAFAEL: °p...............W...................: Nader Mansourian Public Works Director CONT TOR: f For: Fieldst a Construction Company Page 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. CAC92926 PREMIUM: $2,644.00 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Fieldstone Construction Company 5915 Faught .Rd. Santa Rosa, CA 95403 OWNER (Name and Address): Citv of San Rafael I l L Morphew Street San Rafael, CA 94901 CONTSTRUCTION CONTRACT Date: July 2, 2012 Amount: $214,372.50 Description (Name and Location): SURETY (Name and Principal Place of Business): Merchants Bonding Company (Mutual) P.O. Box 1738 Windsor CA 95492 Citywide Street Resurfacing 2012 Curb Ramps City Project No. 11204. San Rafael, CA BOND Date (Not earlier than Construction Contract Date): July 2, 2012 Amount: $214,372.50 Modifications to this Bond: ® None CONTRACTOR AS PRINCIPAL Company: (Corporate Sea I) Fieldstone Constru tion Co an Signature Name and Title - (Any additional signatures appear on page 3) SURETY ❑ See Page 3 Company: (Corporate Seal) Merchants B Company (lvlutual) ignature: au6 a Mason Attomey-hi-Fact (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER; OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Rogers & Young Insurance Services 800 F.dgewood Place Windsor, CA 95492 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGFON, D.C. 200% A312-1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- forming the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Con- struction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the surety does not proceed as provided in Para- graph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety had denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1,4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for cor- rection of defective work and completion of the Con- struction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, inclu- ding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obli- gations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 A312-1984 2 THE AMERICAN INSTITUTE OFARCHITECHTS, 1735 NEW YORK AVE., N.W. WASHINGTON. D.C. 20006 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: have been made including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on be- half of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, Including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: _ Name and Tit@e. Address: SURETY Company: Signature. Name and Title Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OFARCHITECTS,1735NEW YORK AVE.,N.W. WASHINGTON, DC, 20006 (Corporate Seal) A312-1984 3 MERCHANTS k BONDING COMPANYn, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Claudine Mason; Jeff Young; Michael K Feeney; Michelle Ellwanger; Steven Rogers Of Windsor and State of CA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "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 Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27lhday of February , 2012. STATE OF IOWA COUNTY OF POLK ss. CO,hA •• RPO q . a :r 1933 cz MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. 8y 7 President On this 27lhday of February • 2012. before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING INC., and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT :. f7 1vol Commission Number 770312 f My Commission Expires f O1N1' October 28, 2014 ` Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the 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 3rd dayof July, 2012 :....,,. •...... POA 0014 (11 /11) cO4,'•• . p?oVkPQA•...f a'• 1933 �' c • .s • .d Secretary State of California County of Sonoma CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On July 3, 2012 before me, Sara J. Larson, Notary Public there ❑lsen name and title of ili.e officer) personally appeared Claudine Mason who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat e;J�V J a--' OPTIONAL INFORMATION Crr�litNlM I IIi1>iN Nogry ►u1N0 - CiNMIuM� Cooft my cow. 6110 2011 (Seal) Altl7ough the information in this section is nor required by lava; it could prevent fraudulent removal and reattachment of this acknovvledgmenr to an unauthorized document and may prove useful to persons relying on the atrached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document ..__m..m_r �....c titled/For the purpose of � Performance Bond containing 3 _p pages, and dated July 2, 2012 The signer(s) capacity or authority is/are as: ❑ Individual(s) I$ Attorney-in•raci ❑ Corporate Officer(s) litle(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: l Aamefs) of Verson(t) m tntlty(iesl `ignet r. Representing Notarial event is detailed in notary journal on Page 9 Entry # Notary contacr Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) o Copynyht 2007 flotaty llutary, Ink 925 1911% 551, Des Moines, IA 50317.3617 form ACK(13 111/07 Tote aider,. call toll -lice 1 077.3-19.65110 or visit us an the Internet at http /Iwww not.0 ytolaty cam THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. CAC92926 PREMIUM: INCLUDED IN PERFORMANCE BOND AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Fieldstone Construction Company 5915 Faught Rd, Santa Rosa, CA 9.5403 OWNER (Name and Address): City of San Rafael 1 l I Morphew Street San Rafael, CA 94901 SURETY (Name and Principal Place of Business). Merchants Bonding Company (Mutual) P.O. Box 1738 Windsor CA 95492 CONTSTRUCTION CONTRACI Date: July 2, 2012 Amount: $214,372.50 Description (Name and Location): City«,ide Street Resurfacing 2012 Club Ramps City Project No. 11204. San Rafael, CA BOND Date (Not earlier than Construction Contract Date): July 2, 2012 Amount: $214,372.50 Modifications to this Bond: ® None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Fieldstone Constru ti n L mpa / / Signature: Name and Title: (Any additional signatures appear on page 6) SURETY ❑ See Page 6 Company: (Corporate Seal) Mere ing any (Mutual) Sign e: Name and Title: Claudine Mason Attorney -In -Fact (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other Rogers & Young Insurance Services 800 Edgewood Place Windsor, CA 95492 party): AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W. WASHINGTON, D.C. 20006 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrator, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnities, and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last per- formed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the mater- ials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy Claims. if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work - 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS; The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Section 6 is modified by adding section 6.3. 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal} Signature: _ Name and Title: Address: SURETY Company: Signature: _ Name and Title: Address: (Corporate Seaq AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA€' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W WASHINGTON, D.C. 20006 A312-1984 6 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 duly organised under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Claudine Mason; Jeff Young; Michael K Feeney; Michelle Ellwanger; Steven Rogers of Windsor and State of CA their true and lawful Attorney -in -Fact. with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power- of-Attom ey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants Nahonal Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-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 Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27lhday of February , 2012, rA 10 NA „•,..r1llhgph v= 2003 STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7 7----7� President On this 27lhday of February • 2012, before me appeared Larry Taylor to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC., and that the seals affixed to the foregoing instrument is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa„ the day and year first above written MARANDA GREENWALT 44a4wa Commisslon Number 770312 r • OWN � My Commission Expires October 28, 2014 Notary Public, Polk County,. lows STATE OF IOWA COUNTY OF POLK ss_ I, Wllllam Warner, Jr., Secretary of the 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 3rd day of July, 2012 '.111046 .4.*.. ,.••a1 1a+4�''•. �RgO7 i v-.• 2003 :'.�' POA 0014 (11/11) Secretary State of California ) CALIFORNIA ALL-PURPOSE County of Sonoma ) CERTIFICATE OF ACKNOWLEDGMENT On July 3, 2012 before me, Sara J. Larson, Notary Public there insert name and Title of the nffitei) personally appeared Claudine Mason who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. G� � ... ._ ., �..� _.....: OPTIONAL INFORMATION SARA J. LARSON corrtntl.fttar 0 1959184 - No" FVWD - coftwe emm county LOMYCoMENONF610.201161 (Seal) Although rhe information in this section is nor required by laav, it could prevent fraudulent removal and reattachment of this acknowledgment to on unouihori>ed 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 Payment Bond titled/for the purpose of _...... Pa _ ', ,,...e.e.. ._.m containing 3 pages, and dated July 2, 2012 The signer(s) capacity or authority is/are as: ❑ Individual(s) Attorney in fact ❑ Corporate Officers) ❑ Guardlan/Conservator ❑ Partner - Limned/General ❑ Trus(ee(s) ❑ Other: representing: Ilaalels) of Penonlsl or Entityfiea "Igner is representing .... �`C;�.Si�i•1.tY lk�hL•rr':re)+lJ� Method of Signer Identification Proved to one on the basis of satisfactory evidence L -I I lorm(s) of itlenuh(auun (..) uecffily svimesy;(o) Notarial event is detailed in notary journal on Page a Entry 4 Notary contact: Other ❑ Additional Signer(s) ❑ Signet(s) Th imbpnngs) 0 Copynghl 2007 trolley 60131y. Ili( 925'911151 Des Muir es. IA 50312 3612 roan ACK03 10107 To ie -order, call tall -tree 1.677-3-19.6580 or visa us on Ilse Internet al litip.//envoi notaeyeotary coal 71912012 :""?(i AM ?. i; a::fra •Yt;aC,FTdCn Micuuz,',oft TO: rt° B: 002 QF 006 ACORO� CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDIYYYY) 7/2/2012 PRODUCER (707) 687-220.0 FAX: (707) .687-2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ,Rogers 6, Young Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800 Edgewood Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1738 Windsor CA 95492 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Peerless Insurance Company Fieldstone Construction Co. INSURER B Golden. Eagle Insurance 0158 5915 Faught Road INSURER C State Fund insurance 160 INSURER D Santa R sa CA 95403 NSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWrrHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONSOISUCH POLICIES" AGGREGATELIMITS SHOWN MAYHAVE BEEN REDUCED BYPAID CLAIMS. INSR LTR DD'L JS F N POLICYNUMBER POLICY.EFFECTIVE DATE (MM/DDNYYY). POLIEC YLIMITSEXPPII TION AUTHORIZED REPRESENTATIVE San Rafael, CA 94901 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X Cr)MMF.: GtCIAI... GENERAL P.IABtI.AT e C'L..TIIN1S MADE � OCCUP 3 L8825985 1/26/2012 1/26/2013 PREM SES Es nccurrern e $ 100 000 MED EXP (Arty one per: oni $ 5,000 PERSONAI- &ADV INJURY $ 1'000 00 $ 2 '000,000 ---------------- .__- GENERAL AG`/REGATE PRODUCTS - F:OMP(:,)P AGG $ 2,000,000 GE N'L A 'G,A,TE LIM,T AFPL€ES r"FR POLICY X I PR �- LOC AUTOMOBILE UABILITY ANY AUTO COMBINED SYNGLE LIMIT (Ea accident) $ 1,OOQ,000 B X ALL OYOIEDAIJTO�3 SCHEDU=-F,,Q AUTO';3 aAS826285 1/26/2012 1/26/2013 BODILY oN,.IURv (Per person). $ X X H[RE[)AsiOS NON -OWNED AUTOS, BODILY INJURY (Per ai-,udent) $ PROPERTY DAMAGE (Per accident) $ —........................................................................__..........__................................ GARAGE LIABILITY AUTO ONLY - EA ACC.DEN"." $ OTHER KHAN ..EA ALC $ ANY AUTO $ AUTO ONLY AGG EXCESS I UMBRELLA LIABILITY X OCCUR a-AIM:4id M+rh4' EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5 000 0-00 B DEDUCTIBLE OU8826385 1/26/2012 1/26/2013 $ g RETENT.I.ON $ C. WORKERSCOMPENSATIONX AND EMPLOYERS'LIABILITY YINrr ANYPRG:9Fr'a'Y'IETORlPARTNER/EXEtI)TIVE OFF,CER/MEMBER EXCLUDED, a6410000268-11 I Wr_ STATU I OTH EL EACH ACCIDENT $ 1,000,000 FL D(SEA?E EAEMPUDYEE $ 1,000,000 (Mandatoryln.NH) Ityes, deux be under SPECIAL. PROVISIONS below 10/1/2011 10/1/2012 EL DISEASE POLICYLIMIT $ 11000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES tEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS City of San Rafael and County of Makin, its officers, agents and employees are named as additional insured per the attached endorsements. (CG2010 07/04, CG2037 07/04, 22-111 01/07) Insurance is primary. RE: Project 11204, Citywide street resurfacing 2012 curb ramps project. Cancellation: Except for 10 days notice for non-payment of premium. (-3 EN arc I12iMA 17:lul1111ll7r 60.11 a red =1ta r.r r ria I MVVmLi LV tzuwulV I) W -1 tits is-Zuua Akt-VKU truKI-UKAI IUN. Au rgnis reservea, INS025 (200901)01 The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ONWA (dMMAIL 30 DAYS WRITTEN City of San Rafael NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, Department of Public Works 111 Morphew Street AUTHORIZED REPRESENTATIVE San Rafael, CA 94901 6666.. bake Feeney/CMASON;m m.- I MVVmLi LV tzuwulV I) W -1 tits is-Zuua Akt-VKU truKI-UKAI IUN. Au rgnis reservea, INS025 (200901)01 The ACORD name and logo are registered marks of ACORD 7/9/2012 9:20 AM M: ROGERS--YOUNG M:icro.soft TO: 1..4154853334 .AGE: 003 OF 006 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ehdorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. i HC:UKU 15 (2oa9/01) INS025 (-rbwwl i us 7/9/2012 9:20 AM M: ROGERS-YOUNG M.i.crosoft TOS 141548.53334 AGE: 004 OF 006 ,Forming a part of Policy Number; GL 8825985 Coverage Is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Agent: FIELDSTONE CONSTRUCTION CO ROGERS & YOUNG INS SERVICES Agent Code: 4292853 Agent Phone; (707)-687-2200 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)I Locations) Of Covered Operations Or Organization(s); ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART. Information required to complete: this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ISO Properties, Ihc:, 2004 CG 20 10 07 04 Page 1 of 1 01/26/2012 8825985 NECLWMAB312 PGDMO60D J01263 GCAFPPN 00000946 Page 19 7!3(2012 9:20 APS M: ROGEtS--YOUNG Microsoft TO: 14154853334 kGli.;: 005 OF' 006 Forming a part of Policy Number; GL 8825985 Coverage is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured; Agent: FIELDSTONE CONSTRUCTION CO I ROGERS & YOUNG INS SERVICES Agent Code: 4292853 Agent Phone: (707)-687-2200 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATION'S This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADD'L INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART Location And Description Of Completed Operations: ANY LOCATION AT WHICH YOU PERFORMED WORK DESCRIBED IN WRITING IN THE CONTRACT, AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED IN THIS ENDORSEMENT, Information required to complete. this Schedule, If not shown above, will be shown in the Declarations. © ISO Properties, Inc,, 2004 CG 20 37 (07/04) AGENT COPY 01/26/2012 8825985 NECLWMAB312 PGDM060D J01263 GCAFPPN 00000932 Page 5 7{5!20].2 9p20 i4M M: ROGERS-° OUNG Mi.crosoft TO: 14154053334: IkGE� 006 OF' 006 POLICY NUMBER: GL8825985 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIADILITY COVCRAGE PAPT A. The following is added to provision a.. Primary Insurance of paragraph 4. Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will riot seek contribution from. the "additional insured's own insurance" provided that. (1) You and the additional insured have agreed in a written contract that this insurance is primary and non- rontriNitnry; and (2) The "bodily injury" or "property damage" occurs, or the "personal and advertising 'injury" is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to SECTION V — DEFINITIONS: "Additional insured's own insurance" means other insurance for which the additional insured is designated as a Named Insured. Includes copyrighted material of Insmveilce Sen�ices Office, Inc., with its permission. 22-111 (01/07) Page 1 of 1 MAYOR CITY OF SAN RAFAEL Gary O. Phillips Department of VICE MAYOR cl Marc Levine COUNCIL MEMBERS Public Works Damon Connolly Barbara Heller Andrew Cuyugan McCullough INSURANCE REQUIREMENTS SHEET SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City, carry workers' compensation insurance, public liability insurance and property damage insurance. The public liability insurance and property damage insurance shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Public Liability: Not less than $1,000,000 per person and $5,000,000 for one occurrence. Property Damage: Not less than $1,000,000 for one occurrence. The required insurance may be provided by a separate policy insuring the City and County, its elective and appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already has insurance, he may provide the City with the required insurance by submitting a certificate of insurance and a standard form of additional insured endorsement. For this latter purpose, the City will accept the following: "IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, Citywide Street Resurfacing 2012 Curb Ramps, City Proiect No. 11204 between the City of San Rafael and Fieldstone Construction Company for the work and the improvements described therein." The contractor shall provide satisfactory evidence to the City that the required liability insurance is primary and excess of any other insurance available to the City. Evidence of satisfactory insurance must be furnished to the City at the time of the execution of the Public Works contract together with evidence that the insurance carrier will not cancel or reduce the coverage of the policy without first giving the City at least thirty (30) days prior notice. Such notice shall be sent to: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS 111 Morphew Street SAN RAFAEL, CA 94901 CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: July 2, 2012 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: June 21, 2012 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITYWIDE STREET RESURFACING 2012 CURB RAMPS PROJECT, CITY PROJECT NO. 112049 TO FIELDSTONE CONSTRUCTION COMPANY IN THE AMOUNT OF $214,372.50. ZA - Z.-, �"' �*z 4 � ' Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (sig nature) NOT APPROVED REMARKS: File No.: 16.01.263 APPROVED AS TO FORM: L Q �- - 6�— City Attorney (signature) / NIAYOR GARY O. PHILLIPS VICE MAYOR MARC LEVINE COUNCILMEMBER DANION CONNOLLY COUNCILMEMBER BARBARA HELLER COUNCILMEMBER ANDREW CUYUGAN NICCULLOUGH PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334 Nader Mansourian, Director of Public Works FAXED AND E-MAILED May 22, 2012 P. O. No. 00449 (City Council) Account #2070419 File No: 16.01.263 Independent Journal 4000 Civic Center Drive, Suite 301 San Rafael, CA 94903 FAX NO: 382-7205 Attn: Donna Lazarus Re: NOTICE INVITING SEALED PROPOSALS - CITYWIDE STREET RESURFACING 2012 CURB RAMPS PROJECT NO: 11204 Enclosed is one copy of Notice Inviting Sealed Proposals for Public Works entitled: "CITYWIDE STREET RESURFACING 2012 CURB RAMPS". Please publish the enclosed notice on May 25, 2012 and furnish us with Galley Proof and Proof of Publication in duplicate. Thank you for your cooperation in this matter. Sincerely yours, 1 LESL E BLOMQUIST Associate Civil Engineer : gj Enclosure (1) cc: Esther C. Beirne, City Clerk (2 copies-w/encls.) Project Engineer (w/encl.) Admin. (2) (w/encl.) I 1 I MORPHEW STREET • PO BOY 151560 • SAN RAFAEL, CA 94915-1560 WWW.CITYOFSANRAFAEL.ORG CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Notice is hereby given that the City of San Rafael Department of Public Works will receive bids for fiimishing all labor, materials, equipment and services for CITYWIDE STREET RESURFACING 2012 CURB RAMPS CITY PROJECT NO. 11204 Project Description: This project consists of all associated work described in the attached plans, specifications and the provisions of this document for excavation, removal of existing concrete sidewalk, driveway, curb, gutter, and catch basins and construction of new sidewalk, driveway, curb, gutter, valley gutter, curb ramps, sanitary sewer manhole, and storm drain improvements at various locations in the City of San Rafael. Each bid shall be in accordance with the plans and specifications adopted by the City of San Rafael City Council on May 21, 2012, and other contract documents, now on file with the City Clerk, City Hall, San Rafael, California; and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street, P. O. Box 151560, San Rafael, CA 94901. Cost shall be Fifty Dollars ($50.00) per set, non-refundable. Cost of mailing sets shall be an additional Ten Dollars ($10.00) per set. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. Each bid shall be made out on the form to be obtained at the Department of Public Works, 111 Morphew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before Thursday, June 14, 2012 at 10:00am. The City reserves the right to reject any or all bids or to waive any informality in a bid. /s/ Esther C. Beime ESTHER C. BEIRNE City Clerk Dated: May 25, 2012 t PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST ANIS ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department JPate 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and %% endorsements. 7/�� /Z 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original° agreement and forwards copies to the % contracting department. To be completed by Contracting Department: .' Project Nami.�Project Manager: u i 7 A endued for it Council Meeting necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over 520,000 on a cumulative basis.