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HomeMy WebLinkAboutPW St. Resurfacing 2013-14 ProjectAgenda Item No: 3. i Meeting Date: September 2, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works i `�'� Prepared by: A City Manager Approval?) Director of Public Works File No.: 16.06.$2 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE STREET RESURFACING 2013-2014 PROJECT, CITY PROJECT NO. 11220, TO ARGONAUT CONSTRUCTORS IN THE AMOUNT OF $874,750.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the construction contract to Argonaut Constructors in the amount of $874,750.00. BACKGROUND: Resurfacing of City streets is a vital and important program that improves a portion of the City's 175 miles of roadways each year. Experience has shown that resurfacing projects offer significant benefits, among them reduced maintenance costs and increased property values. The Street Resurfacing 2013-2014 project was listed in the City's Five Year Capital Improvement program. The Department of Public Works utilizes the Pavement Condition Index (PCI) to identify streets in need of resurfacing and then conducts a field investigation to further analyze data. Available funding dictates the scope of the resurfacing project. The proposed project includes surface treatments of micro seal or pavement overlay, which are based on the Engineering Division analysis of the roads initially identified by the PCI process. This year staff recommends resurfacing the following eighteen local streets: Roadway Segment Surface Treatment Birchwood Ct. between Butternut Dr. and end Micro Surface Butternut Dr. between Montecillo Rd. and end Overlay Canyon Oak Dr. between Old Lucas Valley Rd. and end Overlay Corte Capistrano between Salvador Way and end Micro Surface Corte Miguel between Skyview Ter. and end Micro Surface Court St. between Mission Ave. and St" Ave. Overlay Los Robles Dr. between Clorinda Ave. and End Overlay Lucas Park Dr. between Montevideo Wy. and End Micro Surface Mahogany Dr. between Butternut Dr. and End Overlay FOR CITY CLERK ONLY File No.: Lf— I — �Sfa Council Meeting: -zoo Disposition: �E�w%rte /3g©-J— SAN RAFAEL CITY COUNCIL AGENDA REPORT 1 Page: 2 Roadway Segment Montecillo Rd. between Tamarack Dr. Pecan Dr. between Butternut Dr. Salvador Wy. between Skyview Ter. Santiago Wy. between Las Gallinas Ave. Skyview Ter. between Las Gallinas Ave. Spinnaker Point Dr. between Bahia Way Tan Oak Cir. between Canyon Oak Dr. Upper Toyon Dr.* between Poplar St. W. Seaview Ave.* between Seaview Ave. and 438 Montecillo and End and End and end and End and Portsmouth Cv. Surface Treatment Overlay Micro Surface Micro Surface Micro Surface Micro Surface Overlay and Canyon Oak Dr. Overlay and Makin Grade Overlay and Seaview Ave. Overlay *Portions of these roadways are within the jurisdiction of Marin County. County Public Works has agreed to reimburse the City for resurfacing costs within their jurisdiction upon completion of the project. The City's contractor will also install asphalt concrete along the currently unpaved bicycle pathway connector between Sir Francis Drake Boulevard and Francisco Boulevard East and will repair the uneven pavement along Lindaro Street between Second Street and Third Street. Per the Americans with Disability Act, resurfacing of these roadway segments requires the installation of eleven curb ramps. The construction of these eleven curb ramps has commenced and will be completed prior to resurfacing. A study of the Street Resurfacing 2013-2014 project area was conducted to ensure that the most reasonable facilities for all modes of travel are included in the project design. The study was completed August 14, 2014. The Street Resurfacing 2013-2014 project has been determined to have no significant effect on the environment and is categorically exempt from environmental documents. The Notice of Exemption was filed at the Marin County Clerk's Office on lune 9, 2014. The project was advertised in accordance with San Rafael's Municipal Code on July 31, 2014, and sealed bids were publicly opened and read aloud on August 21, 2014 at 10:00 AM. The engineer's estimate was $930,000.00. Contractors submitted the following bids: NAME OF BIDDER AMOUNT Argonaut Constructors $874,750.00 Ghilotti Construction Company $904,474.00 Ghilotti Brothers Inc. $913,342.00 ANALYSIS: The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid from Argonaut Constructors in the amount of $874,750.00 falls within the allocated project budget. FISCAL IMPACT: To date, $842.92 has been charged to this project for document reproduction. The remaining project expenditures include construction by Argonaut Constructors and a recommended contingency of approximately 12%, bringing the total project budget to $985,000.00. The following tables summarize the funding sources and expenses associated with this project: SAN RAFAEL CITY COUNCIL AGENDA REPORT 1 Page: 3 FUNDING SOURCES Project Funding Sources Amount Notes Gas Tax $985,000.00 Fund 206 Total Available Funds $985,000.00 * The 2013-2014 Capital Improvement Program identified $1,500,000 for this project; the difference will be allocated to other roadway project such as the H Street Drainage Improvement Project. EXPENSES: Cat a -Eden Expense Code = Amount Notes Already Charged Expenses Subtotal -07 1 $842.92 1 Document Reproduction Remaining Expenses Construction -02 $874,750.00 Base Bid Contract Amount Construction -02 $4,000.00 Materials Testing and Sampling (anticipated) Construction -02 $105,407.08 Contin enc (A22rox. 12% Total Project Cost S985,000.00 OPTIONS: I . Adopt the resolution awarding the contract to Argonaut Constructors, the lowest responsive and responsible bid, in the amount of $874,750.00. If this option is chosen, construction will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction until summer 2015. 3. Do not award the contract and direct staff to stop work on the project. ACTION REQUIRED: Adopt the resolution awarding the construction contract to Argonaut Constructors in the amount of $874,750.00 Enclosures: Resolution Agreement RESOLUTION NO. 13802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE STREET RESURFACING 2013 - 2014 PROJECT, CITY PROJECT NO. 11220, TO ARGONAUT CONSTRUCTORS IN THE AMOUNT OF $874,750.00. WHEREAS, on the 21"' day of August, 2014, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Street Resurfacing 2013 -2014 Project" City Project No, 11220 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Argonaut Constructors at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of Argonaut Constructors, Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Argonaut Constructors at the unit prices mentioned in said bid. 2. The Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with Argonaut Constructors in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. 3. Funds totaling $985,000.00 will be appropriated from Gas Tax #206 for City Project No. 11220. (�r� YT, - 111��1.tll�ii, 4. The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 2"d day of September, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None a. -'9Q Rr e ESTHER C. BEIRNE, City Clerk File No.: 16.06.82 City of San Rafael • California Form of Contract Agreement for Street Resurfacing 2013 - 2014 City Proiect No. 11220 This Agreement is made and entered into this 2nd day of September 2014 by and between the City of San Rafael (hereinafter called City) and Argonaut Constructors (hereinafter called Contractor). 'Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the plans and specifications for the project entitled: Street Resurfacing 2013 - 2014, City Project No. 11220, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. Ill- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within FORTY (40) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. See Section 17-1 of the Special Provisions for more information on working days. IH - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,400 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract 1V - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE I, Mobilization l LS @ $24,750.00 = 24,750.00 2. Signs and Traffic Control I LS @ $61,750.00 = 6I,750.00 3. Full Width Grinding" a. 2" Depth" 178,000 SF @ $0.65 = $115,700.00 b. 4" Depth" 6,000 SF @ $1.30 $7,800.00 4. Cold Planning a. 6' Edge Grind 7,500 LF @ $1.70 $12,750.00 b. 20' Conform Grind 280 LF @ $5.00 $1,400.00 7. Paving Fabric*" 800 SY @ $8.50 = $6,800.00 1) ORIGINAL ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 8. Deep Lift Patching 220 TON @ $265.00 = $58,300.00 9. Hot Mix Asphalt 3,600 LF @ $126.00 _ $453,600.00 10. Micro Surfacing" 26,700 SY (3a $190 1=1 $50,730.00 11. Adjust Existing Facility to Grade a. Adjust Manhole Castings to Grade 37 EA @ $875.00 = $32,375.00 b. Adjust Water Valave Cover to Grade 85 EA @ $250.00 $21,250.00 c. Adjust Gas Valve Cover to Grade 2 EA @ $475.00 = $950.00 d. Adjust Monument to Grade 27 EA @ $475.00 = $12,825.00 e. Adjust Rodhole to Grade 6 EA @ $475.00 = $2,850.00 11. Install Traffic Striping a. 4" White Stripe 100 LF @ $1.00 = $100.00 b. Install Detail 22 Striping 700 LF @ $2.20 = $1,540 c. Install Detail 29 Striping 70 LF @ $2.20 = $154.00 d. Instal Detail 38 Striping 60 LF @ $2.10 _ $126.00 e. Pavement Marking 3,000 1 EA 1@1 $3.00 1 = 1 $9,000.00 "Final Pay Item GRAND TOTAL BID $ 874.750.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City anchor Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) if atter the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shah be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. Fvit-xi 9 -sorer C Beirne City Clerk CITY OF SAN RAFAEL-. Nader Mansourian Public Works Director APPROVED AS TO FORM: Argonaut Constructors: C L -(jn/L yAFf, - k Fes' Rober! F. Epstein Printed Name:,. hael ZA. Smith City Attorney Title: Vic resident File Na.: l d,(i6.82 Argonaut Constructors: By' ` Micha A. Smith Secretary Bond No.: 106119112 Executed in Triplicate AIA Doctrnrew A312 Premium: $8,542.00 Performance Bond Conforms with the American Institute of Architects, AIA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) - Argonaut Constructors 1236 Central Avenue Santa Rosa, CA 95402 OWNER (Name and Address): City of San Rafael 111 Morphew Street, PO Box 151560 San Rafael, CA 94915-1560 CONSTRUCTION CONTRACT SURETY Travelers Casualty and Surety Company of America 100 California Street, Suite 300 San Francisco, CA 94111 Date: September 2, 2014 Amount: Eight Hundred Seventy -Five Thousand Seven Hundred Fifty and 001100 Dollars ($875,750.00) ------- Description ------ Description (Name and Location): Street Resurfacing 2013-2014 BOND Date (Not earlier than Construction Contract Date): September 2, 2014 Amount: Eight Hundred Seventy -Five Thousand Seven Hundred Fifty and 001100 Dollars ('$875,750.00) ------- Modifications ------ Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Argonaut Constructors (Corporate Seal) Signature: Name and Title: #A t,cl; e L A. S UA I TH \J I P (Any additional signal trey appear on page 2.) (FOR INFOkMATION ONLY - Name, Address and Telephone) AC;ENT or BROKER: Edgewood Partners Insura--nce Center (EPIC) 135 Main Street, 21st Floor, San Francisco, CA 94105 415-356-4841 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surely and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to ❑ None [E See Page 2 SURETY Company: (Corporate Seal) Travelers Casualty and Surety Company of America Signature: ' Name and T' Jessica L"Att raa;., ;-Fact OWN R'S REPRESENTATIVE (Archite:t, Engineer of other party) perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract Such Contractor Default shall not be declared earlier than twenty days alter the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: SURETY 5026 t6-921 S-18521t;EEF10199 Page 1 of 2 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the Circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable afler the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional wtincn notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 Afler the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owncr or its heirs, executors, administrators or successors. B The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years alter the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished Io comply with a statutory or other legal requirement in the location whcre the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under die Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The ubreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: f=ailure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: _ Name and Title: Address: 5-1852 GEEF 10199 Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stare of California County of San Francisco On September 2, 2014 before me, Allison Paridy , Notary Public personallY appeared Jessica L. Nowlin ------- WITNESS my hand and official seal. 1 Signature _ Place Notary Seal Ahm e who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) isAmsubscribcd to the within instrument and acknowledged to me that ho(sheNlmap executed the same in hiWber/Ow:P authorized capacityfi ao), and that by his&er/6,4F signature(6) on the instrument the persono), or the entity upon behalf of which the person(e) ALLfSDN PARII}Y Commission # 3929133 acted, executed the instrument. • Notary Public - CaMornla Ban FranExcisco C - I certify under PENALTY OF PERJURY under the laws of M Comm iris M;,1"9,,,201 5 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 Signature _ Place Notary Seal Ahm e �T�: _ LE tp�pl a nmxeimn'dJ 's ❑ntplik0 • DOM pfstu0 ' y1n�07 D]zisncii n6Z . `� �'� B10$.elISM .mll;x7 mm00vhl WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER k POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surely Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United Stoics Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226718 Certificate No. 005908665 KNOW ALL HIEN BY THESE PRESENTS: That Farmington Casualty Company, St_ Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surely Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint David Alvarado, Scott Gaddy, Jeff Parkhurst, Jessica L. Nowlin, Teri L. Koehler, and Shaina E. GIi;schinski of the City of San Francisco , State of California , their true and lawful Attorncy(s)•in•Fact. each in their separate capacity if more than one is named above, to sign, execute. sea[ 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 hercio affixed, this day of May 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Alarlue Insurance Company SI. Paul Guardian Insurance Company 21 st St. Paul Mercury Insurance Company Travelers Casually and Surely Company Travelers Casually and Surely Company of America United Slates Fidelity and Guaranty Company : o 1977 a t, n i F1AiRrrJf�. �� F nc+F�a' � i8$t y �. ���ySEA4+jro �`s,5S1LLr� �� .tic '''r..✓' �+ '���' Y' f .� �} s • � ':.Rwu� jS � awl ly _„v� y+ � ,ra � � � -rri Atttd�`� State of Connecticut City of Hanford ss. fly: '444�e Robcn L. Ramy. : %or Vire Preaidem On this the 71 St day of May 2014 , before me personally appeared Robert L. Haney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Stales Fidelity and Guaranty Company, and that he, as such, being :authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C,TlT In Witness Whereof, l hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2016. pL;� l3'I'1” 58440-8-12 Printed in U.S.A. aures► e , tj�. Marie C. Tetreaulc Notary Pub!i WARNING: THIS POWE13 OF ATTORNEY IS INVALID WFTHOUT THE This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity, and Guaranty Insurance Cornfwny, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, 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 Allorneys-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. rccobnizances, 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 forcgo:ng 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, o, conditional undertaking .hall 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 pre�cribcd 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 ccriifienc 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 union the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding fur 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 Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the souls of said Companies this 2nd day of September 2014. 4�= e<. 6 Kevin E. Hughes, Assistant Seciftary 1 GF6V,�rOr J`�,�L y � ?Gi�M"��G'� ,a� ellf;+q'+ 4J't7T A4Qf 1Y0 �•yp, �Y� �Ff n � • it X951 � � ��,SEA[, o' '�SB]LLIi �, cox apM. R a To verify the authenticity of this Power of Attorney, coli 1-800-421-3880 or contact us at www,travelersbond.com. Please refer to the Attorney -In Face number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Executed in Triplicate Bond No 106119112 Premium: Included on Performance Bond PAYMENT BOND Conforms with The American Institute of Architects AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): SURETY: Argonaut Constructors 1236 Central Avenue Santa Rosa. CA 95402 OWNER (Name and Address) - City of San Rafael 111 Morphew Street, PO Box 151560 San Rafael, CA 94915-1560 Travelers Casualty and Surety Company of America 100 California Street, Suite 300 San Francisco, CA 94111 CONSTRUCTION CONTRACT Date: September 2, 2014 Amount: Eight Hundred Seventy -Five Thousand Seven Hundred Fifty and 001100 Dollars ($875,750.00) ------- Description ------ Description (Name and Location): Street Resurfacing 2013-2014 BOND Date (Not earlier than Construction Contract Date): September 2, 2014 Amount: Eight Hundred Seventy -Five Thousand Seven Hundred Fifty and 00;100 Dollars ($875,750.00) - - - - - - - Modifications to this Bond: f_j None, n See Page,3 CONTRACTOR AS PRINCIPAL SURETY Company: Argonaut Constructers Travelers Casualty and Surety Company of America Signature: _ Signature: _ Name and Tttic: Name and Titic.^l a At arney=in-F-Fact u ,G ,4, a- 4 v I P (EOR INFORMATION ONLY -Name, Addt,rss and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER. party): Edgewood Partners Insurance Center (EPIC)) 135 Main Street, 21st Floor, San Francisco, CA 94105 415-356-4841 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment Furnished for use in the performance of the Construction Contract, which is tncorpomted herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds hannicss the Owner 3 Pa{10 1 nt 3 from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described to Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default With respect to Claimants, this obligation steal I be null 5-2149GE 912008 xo? and void if the Contractor promptly makes payment, directly or indirectly, "or all sums due, 4 The Surety shall have no obligation to Claimants under this Bond until - 4.1 Claimants who are employed by or have a direct contract with the Contractor have ,given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner_ stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, 4.2 Claimants who do not have a direct contract with the Con tractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days aflcr having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the parry to whom the materials were furnished or supplied or for whotn the labor was done or performed; and 12 Have either received a refection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (al the address described in Paragraph )2) and sent a copy, or notice thra-cof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Fay or arrange for payment of any undisputed amounts. 7 The Surcty's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject: to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the contractor that are unrelated to the Construction Contract. The Owner shall not: be liable far payinent of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to stake payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to [Ile Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materiels or equipment were furnished by anyone under the Construction contract, whichever of (1) or (2) first occurs, If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address Showa on the signature page. 13 Whcn this bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deerned deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractoes subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract. The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terns thereof. S-2149GE 012006 Page 2 of 'i MODIFICATiONS TO THIS BOND ARE AS FOLLOWS'_ Sub paragraph 4.3 is added as follows: 4.3 Claimant has furnished to Surety proof of claim duly sworn to by Claimant, along with adequate supporting; documentation which proves the amount claimed is due and payable. Paragraph 5 is amended as follows: 5 if a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment of any undisputed amount-, provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute oridentify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or nght to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy availableto itunder this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature - Name and Title: Address - Signature: Name and Title: Address. S-2149GE 012008 Pago 3 of � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stare of California County of San Francisco On _ September 2, 2014 before me, Allison Pandy , Notary Public personally appear--------"- Jessica L. Nowlin ALLISON LQPAAIDY Commission # t929133 Notary PUMIc - California. San Francisco County .. my Comm. res Iltar 19 2015 Place Notary Seal Ahtn e who proved to me on the basis of satisfactory evidence to be the persona) whose name( issubscribed to the within instrument and acknowledged to me that he�shelfimy executed the some in We/her/6@ir authorized capacityf io, and that by hialher/t eir signature* on the instrument the person(*, or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature j LLIASP' n no¢ximmo7 ti� - i cmohlrJ xJCu9 yiclnN (r`-�Y `e�x - yMaoJ axioncA net - - 2 t +fM - - -mmol M WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surely Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United Stoics Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226718 Certificate No. 005908661 KNOW ALL HIEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint David Alvarado, Scott Gaddy, Jeff Parkhurst, Jessica L. Nowlin, Teti L. Koehler, and Shaina E. Glischinski of the City of San Francisco . Stale of CAIifOPttia , their true and lawful Attomcy(s)-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds, rccognizanccs, 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 anti 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 day of May 201 Farmington Casually Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 21st Sl. Paul Nlcrcury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company � crsu�r�` �.••tt � yt1Pi a � lol�,y I�6�* 34� {wt4q.; '�,,�.�r,we�6 _ A�� �,�[T,6yp cow State of Connecticut City of Hanford ss. By; '4416yle Robert L. Raney, kcniur Vice President On this the 71st day of May 201`I , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St, Paul Fire and Marine insurance Company. St, Paul Guardian Insurance Company, Sl. Paul Mercury insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. r,,i�T In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2416. �'OiJeLW # 58440-8-12 Printed in U.S.A. blanc C Torcault. Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company. Fidelit;- and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Ainenca, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as falkrws; 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 Ass6mat Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-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 seat with the Company's seal bonds, mcognizances, 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 >hall 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 eenificate 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 Assictanl Vice President, any Secretary, any Assistant Secretary, and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any ccnifit:atc relating thereto appointing Resilient 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 mature thereof, and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shalt 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 clic Company in the future with respect to any borad or understanding to which it is attached. 1. Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Under%rilcn. Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Stoics Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked, IN TI STIMONY WHEREOF, I have hetcumn sci my hand and afrixed the Scali of said Companies this 2nd d ty of September 20 4 %-r /�� jetr~,, ( Kevin E. Hughes. Assistant Sec tary �. sry � L ;Nn•' �. e,u a y� mar*y,zN`G9. J4� txi�gt+ �.L+* +.rag ��~yD �,� °�,�2S� U 7i i�/�% � �. 1,,, zltP���?]}n . 141RlFVIO. + �i0.�tldEt '6cFf.�` 751 Afip,SEAL%$ 'a,58JL2,ti COni S `.+' u 1 ' r' r 1S . 1.1i+ <p' � '� wif w p� Alit To verify the authenticity of this Power of Attorney, call 1-800.421-3880 or contact us at www,travc[crshand.com. P'Icase refer to the Attorney In Fact number, the above-numcd individuals and the details of the bond to which the power W attached. WARNING: THIS POWER OF ATTORNEY IS INVALID W ITHOUT THE RED BORDER AC9:>R a CERTIFICATE OF LIABILITY INSURANCE D09/05 2014 I` a9/os/gala THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy()es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #OB29370 1-707-794-7400 CONTACT Lori Perry Bdgewood Partners Insurance Center (EPIC) [Petaluma Branch] PHONE 707-794-791a F 707-794-7401 C No GENERAL LIABILITY 5350 old Redwood HighwayE-MAILEPiCrequests@edgewoodias.com suite 600 X Petaluma, CA 94954 INSURERS AFFORDING COVERAGE MAIC0 INSURER A: OLD REPUBLIC GEN INS CORP 24139 EACH OCCURRENCE S 1,000,000 INSURED INSURERS: NAVIGATORS INS CO 42307 Argonaut Constructors INSURERC, INSURERD• P.O. Box 639 INSURER E: Santa Rosa, CA 95402 MED EXP (Any oneperson) S 5,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 41351746 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/OD1YYYY1 POLICY EXP (MMIDD 11 LIMITS A GENERAL LIABILITY X X AlCGO5721401 04/01/1 04/01/15 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS•MADE Fx_1 OCCUR M 3100,000 MED EXP (Any oneperson) S 5,000 X $5,000 Deductible1,000,000 PERSONAL d ADV INJURY $ GENERAL AGGREGATE I $ 2, 000, 000 GEN'LAGGREGATE LIMIT APPLIES PER. PRODUCTS -COMPIOPAGG I $ 2,000,000 POLICY X PRO LOC S A AUTOMOBILELIABILrr X X AlCA05721401 04/02/14 04/01/15 COMBINED ent)SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) S X ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY (Per acddent) $ PROPERTY DAMAGE $ (P raccidenli X HIRED AUTOS X NON -OWNED AUTOS $ BUMBRELLA LIAR X OGGUR LA14RXC707416IV 04/01/1 04/01/15 EACH OCCURRENCE $ 10, 000,000 AGGREGATE S 10, 000, 000 X EXCESS LIAR CLAIMS -MADE DED I I RETENTION S S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETORIPARTNERJEXECVTIVE OFFICERIMEMSER EXCLUDED? N❑ N 1 A X AIWA05721401 04/03/1 04/03/15 X WCSTATU• OTH- TORY LI EH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE• EA EMPLOYEE S 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - PLICY OLIMIT S 1, 0 0 0 , 0 00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORO 501, Additional Remarks Schadufa, it mon apace Is required) RE: Street Resurfacing 2013-2014 Project 811220 Additional Insured: The City of San Rafael, its officers, employees, agents and volunteers on a primary and non-contributory basis as per Written Contract. Excess Liability follows form to the General Liability and Auto Liability policies. 30 Day notice of cancellation as per Written Contract CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) RHeLean 41351746 ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of San Rafael THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 151560 San Rafael, CA 94915-1560 AUTHORIZED REPRESENTATIVE �k+ate 1 USA Ci ACORD 25 (2010105) RHeLean 41351746 ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AlCGO5721401 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As Required Per Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to Its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: AICGO5721401 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As Required Per Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization (s): As required by written contract: Location(s) of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV — Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Argonaut Constructors Policy Number AICGO5721401 Endorsement No. Policy Period 04/01/1504/01/14 to Endorsement Effective Date: 04/01/14 Producer's Name: Old Republic General Ins. Corp Producer Number: AUTHORIZED REPRESENTATIVE L* I :121 LCI i;l[111*0Alluill 04/01/14 DATE POL.ICYNUMBER: AICG05721401 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: .ALL OF YOUR DESIGNATED CONSTRUCTION PROJECTS. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above; 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit, C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 26 03 03 97 Copyright, Insurance Services Office, Inc., 1996 POLICY NUMBER: AICGO5721401 COMMERCIAL. GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required Per Written Contract. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -- Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or ..your worts" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 @ Insurance Services Office, Inc., 2008 Page 1 of 1 LI POLICY#: AlCA05721401 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04/01/14 Countersigned By: Authorized Representative) Named Insured: Argonaut Constructors SCHEDULE Name of Person(s) or Organization(s): As Required Per Written Contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 POLICY NUMBER: AlCA05721401 COMMERCIALAUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL_ DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Argonaut: Constructors Endorsement Effective Date: 04/01/14 SCHEDULE Name(s) Of Person(s) Or Organization(s): As Required Per Written Contract. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 0310 0 Insurance Services Office, Inc., 2009 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT The premium charge for this endorsement is $0.00 Named Insured Argonaut Constructors Policy Number AlWA05721401 Endorsement No. Policy Period 04/03/14 to 04/03/15 Endorsement Effective Date: 04/03/14 Producer's Name: OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC. Producer Number. AUTHORIZED REPRESENTATIVE WC 99 03 15 (01107) 04/01/14 DATE PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and �11f SLI endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6. City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the f a� lyl l contractingdepartment. To be completed by Contracting Department: Project Manager: /-p,-5t cam, lor;r�1� ;g t, Project Name: ,:5h Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. CITY OF SAN RAFAEL ROUTING SLIP 1 APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL /AGENCY. SRRA 1 SRCC AGENDA ITEM NO. 1. t DATE OF MEETING: 912114 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: 8126114 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE STREET RESURFACING 2013-2014 PROJECT, CITY PROJECT NO. 11220, TO ARGONAUT CONSTRUCTORS IN THE AMOUNT OF 5874,750.00. y Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL 1 AGENCY APPROVED AS TO FORM: AGENDA ITEM: C ty Manager (signature) City Attorney (signatu ) NOT APPROVED REMARKS: File No.: 16.6.82