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HomeMy WebLinkAboutCC Resolution 14177 (Brookdale Ave Retaining Wall Contract)RESOLUTION NO. 14177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONSTRUCTION CONTRACT FOR THE BROOKDALE AVENUE RETAINING WALL PROJECT TO VALENTINE CORPORATION, IN THE AMOUNT OF $196,369.00 WHEREAS, on the 21" day of July, 2016, 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: "Brookdale Avenue Retaining Wall Project" City Project No. 11214 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of $196,369.00 from Valentine Corporation, 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 plans and specifications for the Brookdale Avenue Retaining Wall Project, City Project No. 11214, on file in the office of the City Clerk, are hereby approved. 2. The bid of Valentine Corporation, is hereby accepted at the unit prices stated in its bid, and the contract for said work and improvements is hereby awarded to Valentine Corporation, at the stated unit prices. 3. The City Manager and the City Clerk are authorized and directed to execute the contract with Valentine Corporation, in a form approved by the City Attorney, and to return the bidder's bond upon the execution of the contract. 4. $244,500 was already appropriated in fiscal year 15/16 for this project; an additional $15,500 will be appropriated in fiscal year 16/17, for a total of $260,000. 5. There are sufficient funds in the Gas Tax Fund (#206) for this project. 6. The City Manager 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 Monday, the 15th day of August, 2016 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None /:ZG-V , ESTHER C. BEIRNE, City Clerk File No.: 16.01.264 City of San Rafael ♦ California Form of Contract Agreement for BROOKDALE AVENUE RETAINING WALL This Agreement is made and entered into this /67'mday of Q.ujr,& 2016 by and between the City of San Rafael (hereinafter called City) and Valentine Coorporation (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- 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 specifications for the project entitled: Brookdale Avenue Retaining Wall, City Project No. 11214, 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 Contracotr under this contract shall be primary and excess of any other insurance available to the City. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within FOURTY (40) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. 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 $1,200 for each and every calendar 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 1. Mobilization 1 LS @ $5,800.00 $5,800.00 2. Signs and Traffic Control 1 LS @ $22,602.00 $22,602.00 3. Clearing and Grubbing 1 LS @ $20,000.00 $20,000.00 4. Aggregate Base (Class 2) 45 TON @ $118.00 = $5,310.00 5. 8" Minus Rock 3 TON @ $485.00 = $1,455.00 6. Minor Concrete — Minor Structures a. Type A Curb and Gutter 65 LF @ $122.00 $7,930.00 AGREEMENT -1 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 7. 2" Grind ** 2,270 SF @ $4.00 = $9,080.00 8. Hot Mix Asphalt 52 TON @ $368.00 = $19,136.00 9. Roadway sign and Traffic Stripe a. Red Curb 158 LF @ $7.50 = $1,185.00 b. Salavage R6-1 Sign 1 LS @ $151.00 = $151.00 10. Drilled Concrete Piers and Shafts 176 LF @ $245.00 = $43,120.00 11. Cast in Place Concrete a. Retaining Walls 360 SF @ $103.00 = $37,080.00 12. Modified Metal Beam Guard Rail 96 LF @ $245.00 = $23,520.00 GRAND TOTAL BID $196,369.00 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° o 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 1004o 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 City 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 City 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 AGREEMENT -2 final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City 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. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its subcontractors under this Agreement, and copies of such endorsements shall be provided to City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: 'e, #tZig Esther C. Beirne City Clerk APPROVED AS TO FORM: Rob Epstein City Attorney CITY OF SAN RAFAEL: in hutz i tanager VALENTINE COORPORATION.: Printed Name: Robert 0. Valentine Title: President AGREEMENT -3 EXECUTED IN TRIPLICATE FAITHFUL PERFORMANCE BOND Bond N- 9225558 PUBLIC WORK (The premium charged on this bond is $ 2,406.00 , being at the rate of 't 12.25 per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the City of San Rafael State of California, entered into a contract dated aLAQ U ". Valentine Corporation for the work described as follows: Brookdale Avenue Retaining Wall /6 , 2016 , with hereinafter designated as the "Principal," ; and WHEREAS, the said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company of Maryland I corporation organized and existing under the laws of the State of Maryland , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of San Rafael in the penal sum of One Hundred Ninety Six Thousand Three Hundred Sixty Nine and no./100s******** Dollars ($ 196,369.00***** ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according, to their true intent and meaning, and shall indemnify and save harmless the City of San Rafael its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals th:- 17th day of August , 2016 PRF71001 CA0201 f Valentine Corporation , Principal By / t a: �e e 0, I�Ac c ✓�--r� Robert 0. Valentine, President Fidelity anoeposit Company of;ylaryland By Kathleen Beck Attorney -in -Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by. Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kathleen BECK, of Concord, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of April, A.D. 2016. ATTEST: 0 Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND µy1��, wa otias� '� tnstr � � : PSG• � � 6 BRAL e�—•—°�i�o= 4 r.n� s a7? •'' *� 3 I Vice President Michael Bond State of Maryland County of Baltimore On this 19th day of April, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally ]mown to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamsld, Notary Public My Commission Expires: July 8, 2019 POA -P 016-6171 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN� ISTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this L;!Nay of /11r Z 20DUO. ""uis""•+ SCAL Gerald F. Haley, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Marin ) On 08/18/16 before me, Valorie McCauley, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert 0. Valentine, President Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose names) is/ar-& subscribed to the within instrument and acknowledged to me that he/sf►eAhey executed the same in hiss 'moi; authorized ca acit p y(ies), and that by his/lir signature(s) on the instrument the person( or the entity upon behalf of which the person*acted, executed the instrument. VALORIE MCCAULEY Commission # 2135367 _ '� Notary Public - California i Marin County My Comm. Expires Nov 28, 20191 Place Notary Seal Above 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 L/� Signature of Notary Public a OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _�.�:w�cn._ww".�-cwww-c�c�c:<_-�.�.�=cw�:�c:�.�c:�c:�c.�c�.t=c.�c.�c.�%c�cw�c��.�v �w:....✓..:a.:�c:�c:�.:c:�c:�c:�e.� ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Contra Costa On August 17, 2016 before me, Meghan R. O Bra , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Kathleen Beck Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the �i person(s), or the entity upon behalf of which the person(s) MEGHAN-R. O BRA acted, executed the instrument. Commission # 2090276 i :-m Notary Public - California z I certify under PENALTY OF PERJURY under the laws of z Contra Costa County n the State of California that the foregoing paragraph is true My Comm. Expires Nov 16, 20181 and correct. Witness my and off i seal. // Signature ' 0 i► `� Place Notary Seal Above Signatu o otary public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: August 17, 2016 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kathleen Beck ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General C�1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer is Representing: Fidelitv and Deposit Comoanv of Marvland Top of thumb here EXECUTED IN TRIPLICATE Bond No. 9225558 PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive, Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas City of San Rafael has awarded to Valentine Corporation as Principal, a contract for the work described as follows: Brookdale Avenue Retaining Wall AND WHEREAS, said Principal is required ad to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law: NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the City of San Rafael in the amount required by law, the sum of One Hundred Ninety Six Thousand Three Hundred Sixty Nine and no/100s**************************** Dollars ($ 196,369.00************* ) for which payment well and truly be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001 CA0202f EXECUTED IN TRPLICATE In witness Whereof, We have hereunto set our hand and seals this 17th day of August 2016 Valentine Corporation Principal By: 4J. //At��✓�� Robert 0. Valentine, President Fidelity and Deposit B:Com ny of Maryland Y t Ka een Beck , Attorney -In -Fact ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kathleen BECK, of Concord, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of April, A.D. 2016. ATTEST: Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND µmy wo ot�ofr '�INS(j'� wr C j'�'°'� a �N�G3 purotir�O ncP s SEAL --( —•_ toy _ +ung d..�. '•aol'�...._.•*?��8 i Vice President Michael Bond State of Maryland County of Baltimore On this 19th day of April, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. tlUl •'•�' Maria D. Adamsld, Notary Public My Commission Expires: July 8, 2019 POA -F 016-6171 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. INT STIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ay of 20. Sig ko= BRAL s�8 1908 � �z 0 «r Gerald F. Haley, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1183 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Marin ) On 08/18/16 before me, Valorie McCauley, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert 0. Valentine, President Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) ism subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/tefAheir signature(s) on the instrument the person(* or the entity upon behalf of which the person*acted, executed the instrument. VALORIE MCCAULEY Commission # 2135367 Z '� Notary Public - California i MMC Marin County omm. Expires Nov 28, 2019�c Place Notary Seal Above 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Contra Costa On August 17, 2016 before me, Meghan R. O Bra , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Kathleen Beck Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the MEGHAN R. 0 BRA person(s), or the entity upon behalf of which the person(s) Commission # 2090276 acted, executed the instrument. a -m Notary Public - California z z : y I certify under PENALTY OF PERJURY under the laws of z Contra Costa County n the State of California that the foregoing paragraph is true My Comm. Expires Nov 16, 201 and correct. Witness my and offici eal. Signature Place Notary Seat Above Signature otary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: Auoust 17. 2016 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kathleen Beck ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General 66 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General �HTTHUMBPRINT I ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer is Representing: Fidelitv and DeDOSit ComDanv of Marvland Top of thumb here CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Department of Public Works Project Manager: Jeff Stutsman Extension: x3342 Contractor Name: Valentine Corporation Contractor's Contact:, 415--453-3732x10 Contact's Email: Vmccauley@valentinecorp.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 8/16/2016 ❑ 7/25/2016 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org here ❑ 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager Click to v[V, fti/ ent r b. Confirm insurance requirements, create Job on� Il�,° PINS, send PINS insurance notice to contractor —6nte�� kP4. 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -sinned agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract> $125,000/rs"�ld Date of Council approval Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 8/22/16 fLuia„�,n' Attorney with printed copy of this routing forms 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds �il yL// (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official Z? / 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager .2 & �� _.