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HomeMy WebLinkAboutPW Albert Park Restrooms & Wheelchair LiftCITY OF SAN RAFAEL Department of Public Works 111 Morphew Avenue San Rafael, CA 94901 Public Works Contract for Projects up to $175,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Golden Empire Concrete Products, Inc. dba StructureCast ("Contractor"), a corporation authorized to do business in Paliforni, for work on the City's Albert Park Restrooms & Wheelchair Lift ("Project"), and is effective oo A 2W ("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): B 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below: 2.1 Notice Inviting Bids; 2.2 Contract; 2.3 Addenda, if any; 2.4 Exhibit A — Scope of Work; 2.5 Exhibit B — Payment, Performance, and Bid Bonds; 2.6 Exhibit C — Noncollusion Declaration; 2.7 Exhibit D — Bid Schedule; 2.8 Exhibit E — Subcontractor List. 3. Contract Price. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay Contractor $172,500 (the "Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions contained herein. 3.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. 3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Page 1 Approved by City Attorney, dated 02/27/2020 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. 4. Time for Completion. Contractor will fully complete the Work within six months from the date the City authorizes Contractor to proceed with the Work ("Contract Time"). 5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay in completion. 6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor's license and a City business license. 8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201. 9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A -VIII 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 httr)s://www.pinsadvantacie.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 9.1 Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage. 9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Page 2 Approved by City Attorney, dated 02/27/2020 9.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. 10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. 10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City. 10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Page 3 Approved by City Attorney, dated 02/27/2020 10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5. 10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000. 11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 12. Termination. 12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City's instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 12.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. 13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference. 14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work 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. Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Page 4 Approved by City Attorney, dated 02/27/2020 16. Worksite Conditions. 16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must remove and properly dispose of debris and waste materials from the Work site. 16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City 16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous materials may be used in performance of the Work. 16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104. 17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as -built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be updated as changes occur, on a daily basis if necessary. 18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 19. Non -Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person. 20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. 22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Page 5 Approved by City Attorney, dated 02/27/2020 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) 485-3373 Attn: Fabiola Guillen-Urfer. Sr. Project Manager Email: Fabiola.GuillenUrfer cit ofsanrafael.or Contractor: Name: Golden Empire Concrete Products, Inc. dba StructureCast Address: 8261 McCutchen Road City/State/Zip: Bakersfield, CA 93311 Phone: (661) 833-4490 Attn: Anna M. Dezember Email: annaCdstructurecast.com 23. General Provisions. 23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract. 23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 23.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 23.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place. 23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 23.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor 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.] Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Page 6 Approved by City Attorney, dated 02/27/2020 The parties agree to this Contract as witnessed by the signatures below: CITY: s/ ^- Jim ch City Man /r Date: '� — L1 Attest: s/ k. &V.A41n:i firLindsay Lara, City Clerk Date: b -A Approv d as to for s/ \ Robert F. Epstein, City Attorney Date:—V-2 CONTRACTOR: Golden Empire Concrete Products Inc dba StructureCast Business Name s/ .cY rltu� �� a�YGf�oit Anna M. Dezember, President Name/Title Date: 08/17/2021 s/ l3NPyLt (7 Brent M. Dezember, Corporate Secretary Name/Title Date: 08/17/2021 774870 06/30/2022 Seal: Contractor's California License Number(s) and Expiration Date(s) Exhibit A: Scope of Work Exhibit B: Bond Forms Exhibit C: Noncollusion Declaration Exhibit D: Bid Schedule Exhibit E: Subcontractor List END OF CONTRACT Albert Park Restrooms & Wheelchair Lift City Project #: 11372 Approved by City Attorney, dated 02/27/2020 Up to $175,000 Contract Page 7 Exhibit A SCOPE OF WORK Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Scope of Work Approved by City Attorney, dated 02/27/2020 Exhibit A STRUCTURE CAST 001 ...High Performance Precast 'ING PRECAST SOLUTIONS SINCE 1974 CALIFORNIA LICENSE # 774870 EN OWNED SMALL BUSINESS - WOSB 160389 DIR #100000000308 EN BUSINESS ENTERPRISE - WBE 1600356 CA CERTIFIED SBE #42811 To: Aida Fabiola Guillen — Sr Project Manager — City of San Rafael Subject: Precast Restroom — Four room — Four Toilet Gender Neutral Restroom Item Qty. Description Price 1 1 2 ADA & 2 Regular Single Occupant Gender Neutral Restrooms $172,500.00 Four units in a row 11' X 28' Delivery included add appropriate sales tax if required Inclusions, Exclusions and Clarifications: Please review carefully — Submittals, shop drawings and engineering included based on the design loads and the geotechnical report provided. Design and engineering by a licensed California PE. — Delivery to jobsite included; unloading and setting included. — Building pad design included, pad graded and compacted by others. — Building complete with precast concrete walls, floor and roof. Floor and Roof are post -tensioned with the patented Easi Set System. Exterior walls are a texture and color to be determined. — 5000 psi concrete and ASTM A615 with Zypex waterproofing admixture, grade 60 reinforcement steel. Joint caulking inside and out with Sikaflex-1A and all panel connections are welded using stainless steel connections. — Floors are coved and painted with two-part epoxy. Interior walls are stained with a color to be determined. — All restroom mirror, toilet roll holder, ADA grab Bars and soap dispenser are stainless steel. — Toilets and sinks are porcelain. Electric hand dryer and GFI outlet in each room. Toilet paper holders, seat cover paper holders, soap dish and mirror in each restroom. — Doors are vented galvanized steel doors with stainless pull handles and deadbolts. Doors have closers, drip caps and kick plates. — LED dusk to dawn lighting above each door and motion activated LED lighting in each room. Each room is vented with a motion activated fan in each room. CJ STRUCTURE CAST ...High Performance Precast CREATING PRECAST SOLUTIONS SINCE 1974 CALIFORNIA LICENSE # 774870 WOMEN OWNED SMALL BUSINESS — WOSB 160389 DIR #100000000308 WOMEN BUSINESS ENTERPRISE — WBE 1600356 CA CERTIFIED SBE #42811 Subject: Precast Restroom — Four room — Four Toilet Gender Neutral Restroom Inclusions, Exclusions and Clarifications (continued): — Access required for tractor and a 40' lowboy trailer and 120 -ton crane. — Monthly progress payments shall be made for completed products stored at StructureCast. — Setting is done with 120 -ton hydraulic crane. Crane and delivery scheduling require a 5 -day lead time. — This is a four-page proposal, our terms are a part of this proposal and cannot be severed. — Each restroom has a sink, faucet, mirror, soap dispenser, hand dryer, drain and vent. Exclusions: — Barricades, flagmen, traffic control, if required, site preparation and compaction, site grading or setting lines and grades, site plans drawings, permits. — Site foundation and grading. Site repair, prep and re -grading from delivery is by others. — All underground conduits, plumbing electrical or water. — StructureCast is a PCI and NPCA Certified Plant, outside testing by others if required. — If Performance and Payment Bond is required, cost to be paid by the Customer. Delivery Schedule: — Drawings and submittals will be delivered for approval by Owner within 20 calendar days of receipt and acceptance of purchase order. — Any resubmittal will be returned to Owner with corrections within 10 calendar days. — Buildings will be procured and manufactured for delivery to project site 30 calendar days from complete approval of submittals and a notice to proceed. — Building will be installed in one day at site when ready. 5 days are required to coordinate crane and delivery permits. Installation is continuous. — All warranty and As -build documentation will be delivered to Owner within two weeks of completion of the building. PRECAST BUILDINGS - npr-u CJ STRUCTURE CAST ...High Performance Precast 'ING PRECAST SOLUTIONS SINCE 1974 CALIFORNIA LICENSE # 774870 EN OWNED SMALL BUSINESS — WOSB 160389 DIR #100000000308 EN BUSINESS ENTERPRISE — WBE 1600356 CA CERTIFIED SBE #42811 Subject: Precast Restroom — Four room — Four Toilet Gender Neutral Restroom Terms: Net 30 for product produced and stored in the StructureCast yard. A 2% prompt payment discount is allowed for invoices paid within 10 days. Payments on billing are to be current before delivery commences. No Retention. If it becomes necessary to enforce the provisions of this agreement or to obtain redress for the breach or violation of any of its provisions, StructureCast shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney's fees and interest. If liquidated damage clauses are to be a part of StructureCast's contract, add 5 times their daily amount to the total of this proposal. Scheduling of delivery: StructureCast will send a shipping confirmation for acceptance by the owner to be signed and returned three days prior to delivery. The shipping confirmation indicates that the site is prepared and compacted for acceptance of the building and that the crane and truck and trailer have proper and safe access to the site for unloading and setting the building. Delivery Standby Time: One installation set up is included in this proposal. Should StructureCast be delayed because of corrections needed due to misplaced utilities, improper site preparation, site obstructions, or extra work not in our scope, the crew will be charged at $400. per hour. The crane will be charged at $500 per hour and trucking standby is charged at $175. per hour. Proposal: Proposal is valid for 90 days from the first date mentioned. By accepting this proposal and, or awarding a contract to StructureCast, you agree that this proposal document will be a part of your formal contract whether such contract so provides or contains an integration clause. Service Charge: Service Charge of 1.5% monthly will be assessed on all past due accounts. Proposal submitted by: Brent Dezember 661-301-2624 brent@structurecast.com This proposal document must accompany all orders with the proper acknowledgement and acceptance of the above terms and conditions and are verified by the signature below. All precast products will be produced as per the approved StructureCast shop drawings. It is the sole responsibility of the contractor to confirm that the StructureCast shop drawings meet or exceed all plan and specification requirements. Should any terms of this proposal be changed in the customers proposed purchase order StructureCast reserves the right to rescind the proposal. gwor Signature Date r� PRECAST BUILDINGS 1 PCI Easi-Set - Easi-Span n Pr. " Cj STRUCTURE CAST ...High Performance Precast ING PRECAST SOLUTIONS SINCE 1974 :N OWNED SMALL BUSINESS — WOSB 160389 :N BUSINESS ENTERPRISE — WBE 1600356 Outfitting Features Porcelain Toilets Porcelain Sinks Chrome Faucets Steel Toilet Seat Dispenser Electric Hand Dryers Soap Dispenser Floor Drain Mirror Inline Filters Concealed Flush Valve Water Hammer Arrestor PVC vent Pipe Copper Pipe D box trap primer Main shut off valve Exterior Light — dusk to dawn Interior Lights Exhaust Fan GFI Outlets Motion Sensor lighting switch Panel Exterior penetrating Stain & Sealer Interior Penetrating Stain & Sealer Two-part Epoxy Floor Paint Stainless steel wall connections Coved flooring Blok Guard Anti -Graffiti Coating CALIFORNIA LICENSE # 774870 DIR #100000000308 CA CERTIFIED SBE #42811 FA PRECAST BUMBINGS PCI Easi-Set -Easi-Span A Exhibit B BONDFORMS Required for contracts over $25, 000. Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Bond Forms Approved by City Attorney, dated 02/27/2020 Payment Bond City of San Rafael ("City") and ("Contractor") have entered into a contract, dated 20_ ("Contract") for work on the ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and its surety ("Surety"), are bound to City as obligee in an amount not less than S 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: Address: City/State/Zip: Phone: Fax: Email: 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Payment Bond Approved by City Attorney, dated 02/27/2020 7. Effective Date; Execution. This Bond is entered into and is effective on _ 20_. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Business Name s/ Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Business Name s/ Name/Title s/ Name/Title APPROVED BY CITY: s/ Name/ Fltle END OF PAYMENT BOND Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Payment Bond Approved by City Attorney, dated 02/27/2020 Performance Bond City of San Rafael ("City") and ("Contractor") have entered into a contract, dated , 20 ("Contract") for work on the ("Project"). 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 $ 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 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: Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Performance Bond Approved by City Attorney, dated 02/27/2020 Attn: Address: City/State/Zip: Phone: Fax: Email 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on 20 . Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Business Name s/ Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: _ Business Name s/ Name/Title s/ Name/Title APPROVED BY CITY: s/ Name/Title END OF PERFORMANCE BOND Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Performance Bond Approved by City Attorney, dated 02/27/2020 Bid Bond ("Bidder") has submitted a bid, dated , 20 ("Bid"), to the City of San Rafael ("City") for work on the ("Project'). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and its surety ("Surety"), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 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. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Address: City/State/Zip: Phone: Fax: Email: 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. [Signatures are on the following page.] Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Bid Bond Approved by City Attorney, dated 2/27/2020 This Bid Bond is entered into and effective on .20 SURETY: Business Name s/ Name, Title uate (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: Business Name s/ Name, Title Albert Park Restrooms & Wheelchair Lift City Project #: 11372 Date END OF BID BOND Approved by City Attorney, dated 2/27/2020 Up to $175,000 Contract Bid Bond Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the President [title] of Golden Empire Concrete Products Inc dba StructureCast [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid Is genuine and not collusive or sham. The bidder has not directly or Indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding, The bidder has not in any manner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham hid, 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 November 16, 2021 [date], at Bakersfield [city], _ CA [state]. st Anna M. Dezember Name [print] END OF NONCOLLUSION DECLARATION Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Noncollusion Declaration Approved by City Attorney, dated 2/27/2020 Exhibit D BID SCHEDULE This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount' column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.) BID ITEM 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. Albert Park Restrooms & Wheelchair Lift City Project #: 11372 Approved by City Attorney, dated 2/27/2020 Up to $175,000 Contract Bid Schedule 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 # Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: #01 #05 #02 #06 #03 #07 _ #04 #08 END OF BID SCHEDULE Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Bid Schedule Approved by City Attorney, dated 2/27/2020 Exhibit E SUBCONTRACTOR LIST For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK _ SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS _ DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST 1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Subcontractor List Approved by City Attorney, dated 2/27/2020 AUTHORIZATION TO INSERT DATE INTO CONTRACT BONDS August 18, 2021 To: City of San Rafael RE: Golden Empire Concrete Products Inc. dba StructureCast Authority to Date Contract Bonds — Bond No: 107471410 To Whom It May Concern: This letter gives you the authority to date the three (3) Performance and Payment Bonds attached to match the date that you enter into Contract with Golden Empire Concrete Products, Inc. dba StructureCast for the project named: City's Albert Park Restrooms & Wheelchair Lift. You will also need to date the Power of Attorneys to match the contract date. When this is completed please forward to me, at the address noted below, a copy of the signed and dated bonds along with the Power of Attorney. I appreciate your assistance in this matter. Sincerely, Vickie J. Nickel Attorney -In -Fact Cly. V. ow �Vt64e'Nickel, Account Executive -mAel@ckcins.com Phone: 913-754-0191 Cornerstone Kansas City 4400 College Blvd., Suite 350 Overland Park, KS 66211 Travelers Casualty and Surety Company of America AOW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Vickie J Nickel of OVERLAND PARK , Kansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 4*MY9Fry ea�rr• •Nn s -Ole r 6y TFMO l 4 •r CONN. a State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal.."'' NOTARY Oi My Commission expires the 30th day of June, 2026 r -j- Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 18 day of August , 2021 1Ll4TFOH:4 � � HPATFORD, � � °0170'1 caw, Q CONN. o" #J� r, !� Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fad and the details of the bond to which this Powerof Attorney is attached. Bond No: 107471410 Performance Bond Golden Empire Concrete Products Inc dba StructureCast City of San Rafael ("City") and ("Contractor") have entered into a contract, dated a -W 20A1 ("Contract") for work on the Albert Park Restrooms & Wheelchair Lift ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). Travelers Casualty and Surety 1. General. Under this Bond, Contractor as Principal and Companv of America its surety ("Surety"), are bound to City as obligee for an amount not less than $ 172,500 By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, provided Contractor has timely provided a warranty bond as required under the Contract. Otherwise Surety's obligations will remain in full force and effect until expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Compensation minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven calendar days of receipt of the notice to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract documents, at Surety's expense; or 4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining services completed. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows: Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Performance Bond Approved by City Attorney, dated 02/27/2020 Attn: Surety Claim Dept. Address: One Tower Square, 251A City/State/Zip: Hartford, CT 06183 Phone: 1-800-842-8496 Fax: no specific fax number for bond claim Email: BSIC]ainis@Travelers.com Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on SegKWU19W ozo 204. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Travelers Casualty and Surety Company of America Business Name s/ Vickie J. Nickel. Attornev-in-Fact Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Golden Empire Concrete Products Inc dba StructureCast Business a e s/ Anna M. Dezember, Pr- t Name/Title s/ Name/Title APPROVED BY CITY: s/ LW, _0 AV_- Pn1�y Name/Title END OF PERFORMANCE BOND Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Performance Bond Approved by City Attorney, dated 02/27/2020 TRAVELERS�J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Vickie J Nickel of OVERLAND PARK , Kansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 31 t @l M FLARTFaf� "'Mm. AN Li\% rAiiN. C `v CONN. n SEbI State of Connecticut City of Hartford ss. By: Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal." '�'-k �� 170iAAY My Commission expires the 30th day of June, 2026 . �s 4" PLIWO r' Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of sur,r '+a It �e T7 KARTFORD, VULg �f Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached. Bond No: 107471410 Payment Bond Golden Empire Concrete Products Inc dba StructureCast City of San Rafael ("City") and ("Contractor") have entered into a contract, dated .1-0 , 20m?1 ("Contract") for work on the Albert Park Restrooms & Wheelchair Lift ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). General. Under this Bond, Contractor as principal and 1`ravelers Casualty and Surety Company of America its surety ("Surety"), are bound to City as obligee in an amount not less than S 172,500 , 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: Suretv Claim Dent. Address: One Tower Square, 251A City/State/Zip: Hartford, CT 06183 _ Phone: 1-800-842-8496 Fax: no specific fax number for bond claim _ Email: BSIClaims@Traveters.com Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Payment Bond Approved by City Attorney, dated 02/27/2020 Effective Date; Execution. This Bond is entered into and is effective on A 2C.L A Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Travelers Casualty and Surety Company of America _ Business Name 11!111111 1 SEE Vickie J. Nickel, Attorney -in -Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Golden Empire Concrete Products Inc dba StructureCast Business e s/ G Anna M. Dezember, President Name/Title s/ Name/Title APPROVED BY CITY. Lt Q /k f IL ane/ Name/Title END OF PAYMENT BOND Albert Park Restrooms & Wheelchair Lift City Project #: 11372 Approved by City Attorney, dated 02/27/2020 Up to $175,000 Contract Payment Bond s/ Lt Q /k f IL ane/ Name/Title END OF PAYMENT BOND Albert Park Restrooms & Wheelchair Lift City Project #: 11372 Approved by City Attorney, dated 02/27/2020 Up to $175,000 Contract Payment Bond Travelers Casualty and Surety Company of America AG► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Vickie J Nickel of OVERLAND PARK , Kansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. Olt wit7 �rsY �4C .e` ®rtj a "aArF°A°, State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. 'p7 NOjy •M1 IN WITNESS WHEREOF, I hereunto set my hand and official seal. ■�' * ^i�� N01AFiY My Commission expires the 30th day of June, 2026 C aue�i Anna P_ Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of tla �7r � gar :�o yi�E a � GOW6 E CGXK..`_ � � Kevin E. Hughes, Secretary To verity the authenticity of this Power ofAttorney, p. e0.se caii us at 1-800-421-388x?. Please refer to the above-named Attorneys) -in -Fact and the details of the bond to which this PowerofAttorney is attached. ACKNOWLEDGEMENT OF SURETY (Corporate Officer) STATE OF Kansas County of Johnson On this 18th day of August , 2021, before me, a Notary Public in and for said County, personally appeared Vickie J. Nickel personally known to me, who being by me duly sworn, did say that he is a the aforesaid Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation duly organized and existing under the laws of the State of Connecticut, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My commission expipL4 -2-1b ZZ Bond No: 107471410 Performance Bond Golden Empire Concrete Products Inc dba StructureCast City of San Rafael ("City") and ("Contractor") have entered into a contract, dated div , 20 AL1 ("Contract") for work on the Albert Park Restrooms & Wheelchair Lift ("Project"). The C ntract is incorporated by reference into this Performance Bond ("Bond"). Travelers Casualty and Surety 1. General. Under this Bond, Contractor as Principal and CompLmy of America its surety ("Surety"), are bound to City as obligee for an amount not less than $ 1.72,500 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 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: Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Performance Bond Approved by City Attorney, dated 02/27/2020 Attn: Surety Claim Dept. Address: One Tower Square. 251A City/State/Zip: Hartford. CT 06183 Phone: 1-800-842-8496 Fax: no specific fax number for bond claim Email: BSIClaims@Travelers.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 d -O 209�. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. ` 1 4, . SURETY: Travelers Casualty and Surety Company of America r a •: 1 Business Name r p - s/ Q n,' -. - ti f•�''••... .��, Vickie J. Nickel, Attorney -inn -Fact Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Golden Empire Concrete Products Inc dba StructureCast Busine Nome s/ Anna M. Dezember, President Name/Title s/ Name/Title APPROVED BY CITY: END OF PERFORMANCE BOND Albert Park Restrooms & Wheelchair Lift City Project #: 11372 Approved by City Attorney, dated 02/27/2020 a Up to $175,000 Contract Performance Bond Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Vickie J Nickel of OVERLAND PARK , Kansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. .dam y ��Tr aypIt COOK FA HARTFORD ;+ CONN.O rS iEAI State of Connecticut By:. _,;4A�6e City of Hartford ss. Robert L. Raneyrtenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal.f�`'�A rya" gt�fl NOTARY of-* I, - Z G My Commission expires the 30th day of June, 2026 • LI Fue`i Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of �nswyiy 4w ��� ! HARiiOM. ; � ..art L Kevin E. Hughes, AssET.1ant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880 Please refer to the above-named Attorneys) -in -Fact and the details of the bond to which this PowerofAttorney is attached. Bond No: 107471410 Payment Bond Golden Empire Concrete Products Inc dba StructureCast City of San Rafael ("City") and ("Contractor") have entered into a contract, dated 24fAYVW ,Z0 2041 ("Contract") for work on the Albert Park Restrooms & Wheelchair Lift ("Project'). The C ntract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Travelers Casualty and Surety Company of America its surety ("Surety"), are bound to City as obligee in an amount not less than $ 172,500 , 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: Surety Claim Dept. Address: One Tower Square. 251A _ City/State/Zip: Hartford, CT 06183 Phone: 1-800-842-8496 Fax: no specific fax number for bond claim Email: BSIClaims(r,Travelers.com 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Albert Park Restrooms & Wheelchair Lift Up to $175,000 Contract City Project #: 11372 Payment Bond Approved by City Attorney, dated 02/27/2020 Effective Date; Execution. This Bond is entered into and is effective on 020 2011 Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Travelers Casualty and S Business Name s/ U� Vickie J. Nickel, Attorney -in -Fact Name/Title of America (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Golden Empire Concrete Products Inc dba StructureCast Busines e s/ Anna M. Dezember, President Name/Title s/ Name/Title APPROVED BY CITY: s/ END OF PAYMENT BOND Albert Park Restrooms & Wheelchair Lift City Project #: 11372 Approved by City Attorney, dated 02/27/2020 y Up to $175,000 Contract Payment Bond TRAVELERSJ� Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Vickie J Nickel of OVERLAND PARK , Kansas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. S FLiR'iFO�, ca+"ut MAN. KA State of Connecticut City of Hartford ss By: Robert L. Rane , enier Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. ..:Pa tiOif.'• IN WITNESS WHEREOF, I hereunto set my hand and official seal. 0" - My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public ,- YT'' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of C9 GUX o SIX Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please calf us at 1-800-421-3830. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Powerof Attorney is attached. ACKNOWLEDGEMENT OF SURETY (Corporate Officer) STATE OF Kansas County of Johnson On this 18th day of August , 2021, before me, a Notary Public in and for said County, personally appeared Vickie J. Nickel personally known to me, who being by me duly sworn, did say that he is a the aforesaid Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation duly organized and existing under the laws of the State of Connecticut, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My commie expires Notary Public �7 �Z r �C SATE 4 M4i 0P,tJ RAFq�` 7 f,2J ��y P� WITH P'X 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: Iman Kayani for FG Extension: 3352 Contractor Name: Golden Empire Concrete Products, Inc. dba StructureCast Contractor's Contact: Anna Dezember Contact's Email: anna@structurecast.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER 1 DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to i enter a date. b. Email contract (in Word) and attachments to City 7/22/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X IKK 2 City Attorney a. Review, revise, and comment on draft agreement 7/22/2021 ❑X LG and return to Project Manager 7/22/2021 ❑X LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 7/26/2021 ❑X BG contractor 4 Project Manager Forward three (3) originals of final agreement to 8/17/2021 ❑X IKK contractor for their signature 5 Project Manager When necessary, contractor -signed, agreement 0 N/A agendized for City Council approval * *City Council approval required for Professional Services OIKK Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 9/7/2021 IKK City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed b10/&z agreement 7 8 City Attorney Review and approve insurance in PINS, and bonds p/20��ZI A�7 (for Public Works Contracts) / 9 City Manager/ Mayor Agreement executed by City Council authorized 1 A- official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager