HomeMy WebLinkAboutCC Resolution 13802 (St. Resurfacing 2013-14)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'h day of August, 2014, pursuant to due and Iegal 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 4206 for City
Project No. 11220.
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 2nd day of September, 2014 by the following vote,
to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEI__.. .............
RNE, City Clerk
File No.: 16.06.82
Form of Contract Agreement
for
Street Resurfacing 2013 - 2014
Citv Project 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.
H- Time of Completion
(a) The work to be performed under this Contract shall he 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.
III - 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 51,900 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" ff DESCRIPTION"
1. Mobilization
.....,,.,r••,.,�....,•.............................
Signs andTraffic 2. c Control
.................
.3 -,n„, •_•••,,..,....,,......,
Full Width Grinding”
a. 2" Depth
L.., .••••••• ..................................
........................ b. 4" Depth"
4. Cold Planning
..... ...._...... .„,•,,•••,•,•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.
a.. 6' Edge Grind
b. 20' Conform Grind
7. Paving Fabric”
............................................... ..........................
ED
IOTAL
NIT
U`'.•••,...••••••••••••••••••••••..•••••••••
T TRICE
TRICE
-`,•t
UAw.I�.
. ..
PRICE
L.........
S
uy
S24,750.00
24,750.00
--____,•'�,...._.�,m�,•m. •••••••�S•••••••._...
561,750.00 .•• ......................6.1,750.00...
,..18.000 ......... .
7
F•••••••••
L...
...^
��...
''.•
.�..
50,65
6,000
•••••••••••••• •5115,700.00
........5...•
SF;r'y
51.30
57,800.00
7,„500 LF '; S 1.70 $12,750.00
........ ..........�,g0 ••••••,•••••••••,•••••••• •••••.. • .. •••,•••••••••••••••••••••• 55.0 °'. _..
LF i” 0 S1,400.00
.................... mm,,,,,,,„ -,.......
800 SY � ! 58.50 $6,800.00
ITEM DESCRIPTION' ESTIMATED UNIT UNIT PRICE TOTAL
QIJANTITY PRICE
............ . . . . . ........... ..... Deep Lift Patching 22.............................. .. .. .. .. .. ... . .. .. .. .. . . .. .. .. .. .. .. .. . ...................... . . . .. . .. ......... I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I .. .. .. .. .. .. .. .
8. 0 TON � (5�, S265-00 $58,300,00
.. .. . . . ......... ......... ........................ .............. . . . . . . .... . . . . . . . . . . . ... . ...................... . .....................
9. Hot Mix Asphalt 3,600 LF 44! S126.00 S453.,,600.00
. ........ ....... .. .. .. .. .. .. .. .. . I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.�!
10� Micro Surfacing 26,700 SY S 1.90 $50,730.00
__ . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. . � �4�
........................ ......................................................................................................... .............. .............. ... .. .. .. .. .. .. .. .. . I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I .. .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
11. Adjust Existing Facility to Grade
.. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. . I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I .. .. .. .. .. .. .. . I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I .. .. .. .. .. .. .. . I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I .. .. .. .. .. .. .. .....................
a. Adjust Manhole Castings to Grade 37 E'A 5875.00 532,375 .00
S0.00 $21,250.00
b. Adjust Water Valave Cover to Grade 85 EA @ 25
................. ....... ............................................................................................................................................................... . ... ..
c. Adjust Gas Valve Cover to Grade 2 EA S475.00 $950.00
.. .. .. .. .. .. .. .. . .......... ...........
d. Adjust Monument to Gr!!�!____ 27 EA $475.00 $12,825.00
.......................... .............. .....................................
e. Adjust Rodhole to Grade 6 E A 5475.00 $2,850.00
..........m.
11, Install Traffic Striping
....... ... . . . ...........
a. 4" White Stripe 100 LF $ 1.00 i
@ $100.00
...... ..... ........ . ........ .. .
b. Install Detail 22 Striping 700 LF I ! :::::;:::
$2.20 S1,540
... ........ ............................................... ........................ ... ........... ...........
c, Install Detail 29 Striping 70 LF (,ii) $2.20 $154.00
........................ ............. . ....................................................... ......................m,,....._........,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,.,,,,,,,,,,,,,,.................... .. ..........
d. Instal Detail 38 Striping 60 LF $2.10 $126.00
e. Pavement Marking 3,000 EA S3.00 2n! 59,000.00
.... . .......... ................ ............... ..........
..."Fina"i Pay Item
GRAND TOTAL BID S 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 and/or Contractor.
(b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments
made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department.
(c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the
riling 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.
(c) If after the work has been substantially completed, full completion thereof is materially delayed through no
fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and
without terminating the Contract, make payment of the balance due for that portion of the work fully completed
and accepted.
Such payment shall be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims,
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute
this Agreement the day and year first written above.
ATTEST:
Esther C &eirne
City Clerk
APPROVED AS TO FORM:
Ld.hA4,,,#,t! F
Robert F. Epstein
City Attorney
File No.: 16.06.82
CITY OF SAN RAFAEL:
Nader Mansourian
Public Works Director
Argonaut Constructors:
8. Eninnted
4Name: '1(A. SmitTitle: Vic rent
Argonaut Constructors:
B `r -
y7� Micha4r'A. Smith
Secretary
Bond No,: 106119112
Executed in Triplicate AIA Document A312 Premiums $8,542,00
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 -Four Thousand Seven Hundred Fifty and 00/100 Dollars ($874,750.00) -------
Description
------
Description (Name and Location): Street Resurfacing 2013-2014
BOND
Date (Not earlier than Construction Contract Date): September 2, 2014
Amount: Eight Hundred Seventy -Four Thousand Seven Hundred Fifty and 001100 Dollars ($874,750.00) -------
Modifications
-___-
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: Argonaut Constructors (Corporate Sea])
Signature:
Name an tale: ( c ` e L A - 5 I� t r-4 / P
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY - Name, Address and
Telephone) AGENT or BROKER:
Edgewood Partners Insurance Center (EPIC
135 Main Street, 21st Floor, San Francisco, A 94105
415-3664841
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.I.
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 ® See Page 2
WI
Company: (Corporate Seal)
Travelers Casualty and Surety Company of America
Signature: �wl
Name and Ti essica .. Noin, Attorney -in -Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
Ply):
perform the Construction Contract, but such an agreement shall
not waive the Ownce's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the
contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
SURETY 5026 (6.92)
S-1852JGEEF10199 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
after 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 written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4, and the Owner refuses the payment tendered or the Surety 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 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for 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 BUND 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 Owner or its heirs, executors,
administrators or successors.
8 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 alter
Contractor Default or within two years after the Contractor ceased working
or within two years after the Surely 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 Iimitation
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 to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments 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 agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has
neither been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the 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: Signature:
Name and Title: Name and Title:
Address: Address:
S-18521GEEF 10109 Page 2 of 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County nfSan Francisco
September, 2014
On ... before me, Allison Pandy , Notary Public
parscmally appCBTed"" "" — Jessica L. Nowlin
wz �
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(e) whose name(} isAmwsubscriW to the
within instrument and acknowledged to me that halsheMay
executed the same in his/her/teheir authorized capacity(im),
and that by his&eT/Owip signatureW on the instrument the
persoT*e or the entity upon behalf of which the person(e)
acted, executed the instrument.
1 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
hl
I
WARNINIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERS,'' I Farmington Casualty Company St. Paul Alercur3 Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surely Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casually and Surety Company of America
St. Paul Fire and filar ine Insurance Company United Slates Fidelity and Guaranty Company
St, Paul Guardian Insurance Company
Altorney-In Fact No. 21-6718
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casually Company, St, Paul Fire and Marine Insurance Company, St, Paull Guardian insurance
Compan3, St. Paul Mercury Insurance Company, Travelers Casually and Surety Company. Travelers Casualty and Surely Company of America -and k3nited 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 Underwritem, lm,, is a corporation duly organiziod under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, ( onsiluuc and appoint
David Alvarado, Scott Gaddy, Jeff Parkhurst, Jessica L. Nowlin, Teri L. Koehler, and Shaine E. Glischinski
of the City of qpq Francisco Skatc of cafiromia
theiv mic and Vdvvful Attorney(s) in Iract,
eadi ant their separate capacily if more than one iis named above, oosign, execur.c, seal and ucknowIedgeany and all bonck, rccogtuzancc,�, condi6onal undervalkings and
other wriling.4 obhgalur.y in the nalure thereof on behalf of the Cornjpantes in thcir busincss or guarame6ng the fidelay of persons, gwarameeing the Fwrfunnancc of
contrnrt;.As and executing or guarantecing bonds and undertaUngs required or 1pc rm4lud in r,olty auctions or prucecdings an 1owed by him
IN WITNESS WHEREOF, the Companies have caused this Instrument to be sigitTed an(I their corponuese :ds lo I -w herequ afrim.-A, this ................................................................. 21st
day of, - May 2014
Farmington Casually Company St. Paul hlercur) Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St, Paul Fire and hlarine Insurance Company United Slates Fidelity and Guaranty Company
St® Paul Guardian Insurance Company
SwRc of Connecticut
(" hy of I iallrord SS
0,7
. . .
. .............
......................................iu°o•...
. . ......
Rokrn L Raney., Senior Vi(6e Pn,,�sideffa
0111 this the 21m day uf May 2014 , beffare me personally appeared Ro[xrt L, Ranqq. who ackramlcdgcd hinist-.4fo:
t
ho the SemorVice President of Farmington Casualty Corritp any, Fidelity and Guaranty Insurance Cuunliany, Fdcflfity ancll Guaranty Insii,irance Underwvotcrs, Inic—st, Paul
Fire and Marine insurance Conipany, Sq, Raul Guar&an Insurance Compaay'St Paul MCMUTY insurance Comlmny,Travelevs Casualty at -W Surety Company,'Fravelers
Casualkyand Suriny Company ofAinwrica, and Unhed Stapes Fi<y and Guaranty Company, and that he, a5,wch, bvirig athithorimd so to dij, executed 0he fbrvgcPnag
in"Irurnew for the purposes therein cnittained by Aginfing on behalf of the corporauowby himseff as at dtdyaudoorized offloor.
In Witness Whereof, I hereunto set my hand and official sea]. Uft
My Commission expires the 30th day or June, 20M.�`Ia't1tl IL
58440-8-12 Printed in U.S.A.
111111(fIllIr
Iril - -
W
Tcurault,
THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
7161, PowerofAtlorinLy is granted under and by the authority of the following resolutions adopted by one Boards of Drcctors of Farmington Casualfy Company, Fidelity
urid Guararny Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine firsurance Company, St, RiuI Guardiart Insurance
Company, Sk, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United' Spates
Fidelity and Guararny Company, which resolutions are now in full force and effect, reading as folliows:
RESOLVED, that, the Chairman, Inc President, any Vice Chairman, any Executive Vice President, any Senior Vice President., any Vice President, any Second Vice
President, lite Treasurci. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint attorneys -in Fact and Agents to act ®ror and on behalf
oaf the Company and may give such appointee such authority as his or her certificate of awhorlry may prescribe to sign with the Company's narric and seal with the
Company's seal bonds. recognizance.,, contracts of inderrimly, and other writings obliigalory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or 1he Board of Dimciors at any time may remove any such appointee and revoke the power given him or her; and it is
MI TITER RESOLVEW that the Chairman. the Prc4dent, any Vice Chairman, any Executive Vice President, any Semor Vice President or any Vice President may
dclqyaqc all or any part of the foregoing awhority to one or more officers or employee.,, of this Company, provided Khat ea0i; sach: delegation is in writing and a copy
lhorvol' is filed in lbe office of khe Secrukary. and it is
FURTHER RESOLVED, that any bond, recograzatiLt, contract of indemnity, or writing obligatory in the nature of a bond, recognizance. or conditional undertaking
shrill be v-9id and binding, upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or arty `Tarr;
President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the
Company's seal by s Secretary or Assistant Secretary,, or (b) duly executed (tinder seal, if required) by one or more Attorneys in -Fact and Agents pursuant to the power
pirtscribLd in his or her certificate or their certificates of authority or by one or more Company off cer% 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 Scri4or Vice Pre%ident, any Vice President,
any Assistant Vice President, any Svereniry, any assistant, Secretary, and the seal of the Company may be affixed by facsimile to any Power of attorney or to any
certificate relating dierclo appointing Resident Vice Presidents, Resident Assistant Secretaries or Alloritcys-in-Fact for purposes only ofexectifing and attesting bonds
and undertaking% wid other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bivaring such facsimile signature or lacsitrifle seat
shall be valid and binding upon the Company and any such power so executed arid certified by such facsinfilic signature and facsimile Rml shall' be vafid and binding ort
ow Company in elm future with respect to any bond or understanding to which it is attached,
1. Kevin E. Hughes, Inc undersigned, Assistant Secretary, of ranninglon Casualty Company, Fidelity and Guararity Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc, St, Paul Fire arid Marine Insurance Company, St. Paul Guardian, Insurance Company, St, Paul Mercury Insurance Company. Thaveleni Casualty and
Surety Company, Travelers Casualty arid Surety Company of America, and United States Fid0ky and Guaranty Company do hereby certify that the above and lorcgoing
is as lrucand Lormo copy of the Power of attorney k2xccuted by said Companies, which is in hall force and c1facii and has not been revoked,
2nd September 14
INTESFIMONY WHEREOF, I have heircunioset my hand and affixed the seals of said Companies this ...................................................... they 01 ........................................................................................................................................................................................................... , j[) IIIIIIIIII, -
4�.
7ZK�v 1 ghcs, Assistant �Sc,�tary
To verify the imthenticity of this Power of Attorney, call I SMI -42V3880 or contact its at wwwAravelersbond corn. Please m1cr to Lite Ain; imey In Fact number. the
above nanned mdivithraksaad the details of the bond to which the power is attached.
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
CONSTRUCTION CONTRACT
Travelers Casualty and Surety Company of America
100 California Street, Suite 300
San Francisco, CA 94111
Date: September 2, 2014
Amount; Eight Hundred Seventy -Four Thousand Seven Hundred Fifty and 00/100 Dollars ($874,750.00) -------
Description
------
Description (Name and Location): Street Resurfacing 2013-2014
BOND
Date (Not earlier than Construction Contract Date): September 2, 2014
Amount: Eight Hundred Seventy -Four Thousand Seven Hundred Fifty and 001100 Dollars ($874,750.00) - - - - - - -
Moditications to this Bond: Q None n See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: Argonaut Constructors Travelers Casualty and Surety Company of America
Siature Signature: sica . howfin,
Name and Ttt......��,.�.-. ....,, �.�.. ..�
Ie: yt t C f_] L A S t Name and T Attorney-iin-Fact
(FOR INFORMATION ONLY -Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other
AGENT or BROKER: patty):
Edgewood Partners Insurance Center (EPIC)
135 Main Street, 21 st Floor, San Francisco, CA 94105
415-3564841
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 incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and
void if the Contractor.
7.1 Promptly makes payment, directly or indirectly, for all
sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner 3
Page 1 of 3
S-2149GE 012008
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 in Paragraph 12) of any claims, demands, liens or
suits and tendered defense of such claims, demands, liens or
suits to the Contractor and the Surety, and provided there is no
Owner Default.
With respect to Claimants, this obligation steal I be null
XIDP
and vaid if the Contractor promptly makes payment, directly or
indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants under this
Bond until:
4.1 Claimants who are employed by or have a direct contract
with the Contractor have given notice to the Surety (at the
address described in Paragraph 12) and sent a copy, or notice
thereof, to the Owner, stating that a claim is being made under
this Bond and, with substantial accuracy, the amount of the
claim.
4.2 Claimants who do not have a direct contract with the
Contractor;
.1 Have furnished written notice to the Contractor and sent
a copy, or notice thereof, to the Owner, within 90 days
atter 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 party to whom the materials were
furnished or supplied or for whom the labor was done or
performed; and
.2 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 (at the address
described in Paragraph )2) and sent a copy, or notice
thereof, to the Owner, stating that a claim is being made
under this Bond and enclosing a. copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the Owner to
the Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4,
the Surety shall promptly and at the Surety's expense take the
following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating the
amounts that are undisputed and the basis for challenging any
amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of
this Bond, and the amount of this Bond shall be credited for any
payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of the
Construction Contract and to satisfy claims, if any, under any
Construction Performance Bond. By the Contractor furnishing and
the Owner accepting this Bond, they agree that all funds earned by
the Contractor in the performance of the Construction contract are
dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the funds for
the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the contractor that are unrelated to the
Construction Contract. The Owner shall not be liable for payment of
any costs or expenses of any Claimant under this Bond, and shall
have under this bond no obligations to make payments to, give
notices on behalf of, or otherwise have obligations to Claimants
under this Bond.
10 The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this
Bond other than in a court of competent 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 CIause 4.2.3, or (2) on
which the last labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction contract, whichever of (1) or (2) first occurs, If the
provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in
the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature page.
Actual receipt of notice by Surety, the Owner or the Contractor,
however accomplished, shall be sufficient compliance as of the date
received at the address shown on the signature page.
13 When this bond has been furnished to comply with a statutory
or other legal requirement in the location where the construction
was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall promptly
fumish 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
Contractor's subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature page,
including al I Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither
been remedied nor waived, to pay the Contractor as required
by the Construction Contract or to perform and complete or
comply with the other terms thereof.
5-2149GE 012008 Page 2 or 3
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 msonabic 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 oramount, and the Surety shall, within a reasonable period of time, pay or make arrangements for
payment or any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this
paragraph or to dispute or identify any specific defense to all or any part of a claim shall nor 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 right 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
available to 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 Scat) Company:
Signature- ...... .. .. .............. ..... ........ .............. .
Name and Title:
Address'.
Signaturm................ ............
Name and Title:
Address.
S2140GE 012008 Page 3 of 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stare of California
County of San Francisco
On. September 2, 2014 beforeme, Allison ri y ,Notary Public
personally appeared-----------_ Jssi L. oli "
WITNESS my hand and official seal.
Signature
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personf* whose name* is subscribed to the
within instrument and acknowledged to me that lsisheldimoy
executed the same in hielherl authorized capaciVjji*,
and that by ii0ber/tom signature( on the instrument the
ALLISON I
person}, or the entity upon behalf of which the person}
is t
acted, executed the instrument.
Notary tt - tt
San Francisco County
I certify under PENALTY OF PERJURY under the laws of
M,y Comm. �Explros Mar 19. Nil
the State of California that the foregoing paragraph is true
g g P gmp
and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above
.q 'II6,
� � ,.. Vii,,,
rw .,,�,���ww w,,w�w�w,mm�'��W unw' �wuw� a .���w�xw;,, � �..,,,,.. w. ..�
. . . . . .................................... . . .................................... . . . . . .................................................................................... . ................ . ............................................... . . . ......... "' " . . .. . ..... . ...... . . . . . . . . . . ............................................ . . .......... . . .......................... . ..... . . ...................... . . . ......... .
WARNING� THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
�j POWER OF ATTORNEY
TRAVELERS] Farmin ton Casualt Com an St 111-1 U.— 1.
ft j r j
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St, Paul Guardian Insurance Company
Attorney -in Fact No. ?2671
Travelers Casualty and Surely Company
Travelers Casualty and Surely Company or America
United Stages Fidelity and Guaranty Company
KNOW ALL MEN BY THESE PRESENTS That Farnunglon Casualty Company, St Paul Fire and M,winc lnsuramCompany, St Paull Guardmir Insurance
Company, St Paul Mercury Insurance Company, Travelers Casualty and Surely Company, Travelers Casualty and Surct,r Company of America, and I fmied States
Fidelity and Guaranty Company arc corporations duly organized kinder the laws or the state of Connecin.tit, that Fidclaand Guaranty Insurance C"onipany is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Un&.rwfitcrs, Int, , is a Lorporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), aid that the Companies do hcrcb„ make, constitute and appoint
David Alvarado. Scott Gaddy, Jeff Parkhurst, Jessica L. Nowlin, Teri L, Koehler, and Shaina E. Glischinski
ol' IN: City or San,Francisco Slaw. of Q.11 i Co. n.] N flicIr urue and lawful Aommey(s) in Fact,
.... .. . ... ...
cach in dicir sepairarc capacity if more dran one is narned above, tusign, exectric, %call and acknow1cdgearry and all bonds recognizances, crinch600ral undenakingsand
other writings obligatory in the nature docircof 0111 b0half of the CompanIes in their business ofguaranoccing the fidday of person's, guaranteving the performance of
contracos and executing or guarainceing bonds nand undenakings rerjulred or permiured In any 3CII0111S Or PrOLMdurr% 300WCd by 110%'V
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their coTorate setds in lx,,� hiurctut affixed, this 21 st
ilm of May 2014
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underurrilers, Inc.
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 Surely Company ort erica
Lnfted States Fidelity and Guaranty Company
Slate of ConitheclIcut
City of Hanford ss.
By:
alien L Raney, eknor VIcc Prenident
Onthus the .......................... 2,11,st ............................................ ...................................... day of ......................... M•ay 2014 , before me personally appeared Robert L Raney, who acknowledged hiinsdf to
. ........ ..... .............
be Elie Senior Wx President of Faamingruyn Caswall.y ornpany, Fidelity and Guar"inly hurawance 0-nripany. Fidelity and Guaranty insurance Underwrite", Inc., St. Paul
Fire aii-al Marine lnsurance Company, St. Paid Guardian hisurance Company, SR, Paul Mcircui[y Insurance Company Traw0as Casually and Surety Couipany,Tnavelers
Casualty and Surety COmpmiy of America, and United States Fideliloy and Gua ii-anty Company, and that he< as such, being aukhon7ed so to do.. executed the foregoing
insinninif,mv. for the priiipcises therein) conwfi=J by signing on behaif of the curponafions by iflinisch' as as duly authorized officer,
lin'Whriess Whereor, I hereunro set my hand and official ;,cak
My Commission expires the 30th day of June, 2016 A 1. 0%*
58440..8-12 Priinled in U.,S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDF.
...................................... ... . . ..................... . . . ........ . . ..... . ... ..
FURTHER RESOLVED, Raw the signature of each of the following officcrs° President, any Executive Vice President. any Senior Vice President, any Vice President,
any As%%Rant Vice President, aily Secretary,, any Assistant Secretary. and the seal of the Company may be affixed by facsiande to any Power of Attorney or to any
certificate rO,;aiaig thurcio appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys in Fact for purposes only of executing and auesting bands
and undertakings and offier writings oNigatury in the nature thereof, and any such Power of Attorney or certificate hearing such facsimile signature orfacsimile seal
shall he valid and Wilding upon the (,'oulpany and any such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding on
the Company in the futtiln; with ruspvcr to any bond or understanding to which it is attached,
1, Kevin E. Hughes. Iliv undersigned, Assuwant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and (ruararity Insurance
Underw rile rs, Inc , SR. Paul fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
SurtNy Company, Travelers Casualty and Surely Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy (if tile Power of Attorney executed by &;dd Companies, which is in fiij 11, force and effect and has not been revoked.
deptember4
D,1114.,STIMONY WHEREOF, I have. hereunto :set my hand and affixed the seal's of sated.......................
Ld Companies this 2,n day ol .............................. S'...............,,'HCl ......................
ra
See
/K� glies, Ass t try
L 10 verify the authenticity of this Power of Attorney, call 1804-421 3880 or contact its at www.travcl(!rsband.com. Pleise re(er to the Attorney in Fpct number, the
above named individuals and the details of the bond to which the power is attached,