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HomeMy WebLinkAboutPW Albert J. Boro Center Backflow Prevention InstallationCITY OF SAN RAFAEL Department of Public Works 111 Morphew Street San Rafael, CA 94901 Public Works Contract for Projects up to $200,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Aanenson Wildcat, Inc. dba Wildcat Engineering ("Contractor"), a California corporation for work on the City's Albert J. Boro Center Backflow Prevention Installation ("Project"), and is effective on Jut19,2024 ("Effective Date"). The parties agree as follows 1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This Project requires a valid California contractor's license for the following classification(s): A 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below: 2.1 Notice Inviting Bids; 2.2 Contract; 2.3 Addenda, if any; 2.4 Exhibit A — Scope of Work; 2.5 Exhibit B — Payment, Performance, and Bid Bonds; 2.6 Exhibit C — Noncollusion Declaration; 2.7 Exhibit D — Bid Schedule; 2.8 Exhibit E — Subcontractor List. 3. Contract Price. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $64,450 (the "Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions contained herein. 3.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 4 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. 3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Page 1 Approved by City Attorney, dated 03/28/2022 in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract. 4. Time for Completion. Contractor will fully complete the Work within four (4) months from the date the City authorizes Contractor to proceed with the Work ("Contract Time"). 5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $600 per day for each day of unexcused delay in completion. 6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor's license and a City business license. 8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers (the "Indemnitees") from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work of failing to comply with any obligation of Contractor under this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201. 9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A-Vill or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvanta eq com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 9.1 Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act. If Contractor is self -insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage. Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Page 2 Approved by City Attorney, dated 03/28/2022 9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. 9.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. 10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. 10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City. 10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Page 3 Approved by City Attorney, dated 03/28/2022 complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. 10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5. 10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000. 11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 12. Termination. 12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City's instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 12.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. 13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference. 14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Page 4 Approved by City Attorney, dated 03/28/2022 or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. 16. Worksite Conditions. 16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must remove and properly dispose of debris and waste materials from the Work site. 16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City 16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous materials may be used in performance of the Work. 16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104. 17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as -built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be updated as changes occur, on a daily basis if necessary. 18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 19. Non -Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person. 20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Page 5 Approved by City Attorney, dated 03/28/2022 22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: Address: 111 Morphew Street City/State/Zip San Rafael, CA 94901 Phone: (415) 485-3454 Attn: Megan Kelly, Assistant Engineer Email: megan.kelly@cityofsanrafael.org Contractor: Name: Wildcat Engineering Address: 1364 No Mc Dowell Blvd #A3 City/State/Zip: Petaluma, CA 94954 Phone: 707-762-5500 Attn: Roxanne Torguson Email: wcateng@yahoo.com 23. General Provisions. 23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract. 23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 23.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 23.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place. 23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 23.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Page 6 Approved by City Attorney, dated 03/28/2022 is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Page 7 Approved by City Attorney, dated 03/28/2022 The parties agree to this Contract as witnessed by the signatures below: CITY: S/Ct istine Alilovich (Jul 19. 202414:24 POT. CRISTINE ALILOVICH, City Manager Date: Jul 19, 2024 Approved as to form: Rvberf r. 4udtrsL s/ Rrhnt r EPtt—,Ad ::, 024 17-56 PDTi ROBERT F. EPSTEIN, City Attorney Date: Jul 11, 2024 Attest: Li;l&a� LaYa S/Lindsay Lira 'Ju 19, 2J24 IS'.:2 POT; LINDSAY LARA, City Clerk Date: Jul 19, 2024 CONTRACTOR: Wildcat Engineering Business Name bxanhe TDwaim s/ 4ozan nc Torpuwn ±Jun 13. 024 14 40 PDT1 Seal: Roxanne Torguson Name/Title Date: J u n 18, 2024 c0&d Ja"e S/ Chad Aanenson (Jun 25. 202415,33 PDT' Chad Aanenson Name/Title Date: Jun 25, 2024 951203 08/31/2024 Contractor's California License Number(s) and Expiration Date(s) Exhibit A: Scope of Work Exhibit B: Bond Forms Exhibit C: Noncollusion Declaration Exhibit D: Bid Schedule Exhibit E: Subcontractor List END OF CONTRACT Albert J. Boro Center Backflow Prevention Installation City Project #: 11449-02 Approved by City Attorney, dated 03/28/2022 Up to $200,000 Contract Page 8 Exhibit A SCOPE OF WORK Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Scope of Work Approved by City Attorney, dated 03/28/2022 Exhibit A Aanenson Wildcat Inc dba Wildcat Engineering 1364 No Mc Dowell Blvd #A3 Petaluma, CA 94954 707-762-5500 ph 707-763-3167 fax April 2, 2024 City of San Rafael Re: 50 Canal St, San Rafael Attn: Megan Attached you will find a copy of our proposal for the above referenced job. If this proposal is acceptable, please sign and return to our office, via fax or mail. If I can be of further assistance, please do not hesitate to contact our office between 9:00 a.m. and 4:00 p.m. at 707.762.5500. Thank you for your business. Respectfully, 1Z&Xa*Me" ro-r0V4&sv Office Manager WILDCAT ENGINEERING 1364 No Mc Dowell Blvd #A3 Petaluma, CA 94954 p. 707.762.5500 f. 707.763.3167 Proposal CA License No. 951203 To: City of San Rafael Date: April 2, 2024 Project: 50 Canal St, San Rafael Total Provide all labor, equipment and materials to remove 2 existing buried 6" backflows. Then install MMWD supplied materials along with 2 new aboveground DDCV w tamper switches per drawing provided and to local codes. $64,450.00 • Any alarm work including wiring to tamper switches is not included and by others • Prevailing wage is acknowledged STANDARD NOTES AND EXCLUSIONS, INCLUDING PAYMENT TERMS, ARE PART OF THIS BID PROPOSAL (SEE PAGE 2). CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS: CONTRACTORS' STATE LICENSE BOARD 9821 BUSINESS PARK DRIVE, SACRAMENTO, CA 95827-1703. MAILIADDRESS: P.O. BOX 2699, SACRAMENTO, CA 95826 THIS PRICE MAYBE AFFECTED IF NOT ACCEPTED IN SEVEN (7) DAYS OR WE MAY WITHDRAW THIS PROPOSAL. ACCEPTANCE INDICATES YOU HAVE READ AND UNDERSTAND THE FOLLOWING PAGES, WHICH ARE A PART OF THIS CONTRACT. FOR THE SUM OF: Sixty Four Thousand Four Hundred Fifty Dollars ($64,450.00) Authorized Signature: _ !2o%cuyuiei TcTaio m Title: _Off .C& ma.�_ Acceptance: Date: Page 2 PROPOSAL STANDARD NOTES AND EXCLUSIONS 1. If rock is encountered and jack hammering, hoe ram, or any equipment is required, larger than a Case 580 backhoe, or if drilling does not proceed at a rate of one foot in five minutes, all costs will be charged as additional costs. 2. All permits, bonds, engineering, testing, inspections, layout work and line and grade checks are the responsibility of the owner or general contractor. This is not the responsibility of WILDCAT Engineering. 3. Should hazardous substances (i.e., asbestos, petroleum products be encountered), the removal of the hazardous substance is the sole responsibility of the owner or general contractor, not WILDCAT Engineering. 4. WILDCAT Engineering assumes no responsibility for damage, displacement, or settlement to any concrete or asphalt including buildings, driveways, streets, curbs, gutters or sidewalks. 5. The replacement of any hard scape or landscaping including sprinkler systems damaged or destroyed during the progress of our work is not included. 6. All additional work will be billed as per the WILDCAT Engineering standard rate sheets or by written quote. Rate sheets are available upon request. Extra work to be approved prior to commencement. 7. Time spent in obtaining permits will be billed at $100.00 per hour. Office time will be billed at $65.00 per hour. Expert witness time will be billed at $235.00 per hour. Trial testimony will be billed at $1,000.00 per half day. 8. Only items specifically stated on the proposal are included in the proposal. Any item not specifically included will be excluded from the proposal. 9. Payment is as billed. No retention. Payment is due to WILDCAT Engineering regardless if general contractor is paid or not. WILDCAT Engineering does not accept pay when paid by contracts. Payments not received when billed are subject to a 1.5% per month late fee. 10. It is agreed that if payment is not made when billed, Wildcat Engineering is authorized to withdraw from the project until payment is made along with a re -mobilization fee. it. In the event the parties become involved in litigation or arbitration in which the services of an attorney or any other expert are required, WILDCAT Engineering shall be fully compensated for the cost of its participation in such proceedings including, attorney's fees and expert's fees. All parties agree that jurisdiction shall be in Sonoma County. 12. Scheduling, phasing, and job prosecution shall be controlled by WILDCAT Engineering. If special scheduling is required to accommodate portions of the job or subcontractors, additional costs are billed including, but not limited to, additional move in and remobilization charges. 13. Unless specifically specified, it is assumed that the work will proceed in appropriate weather and daylight hours. Additional costs for wet weather work will be charged as extras. Overtime will be billed at 150% of regular pricing. 14. All prices are conditional on the use of WILDCAT Engineering's standard contract or subcontract. 15. It is agreed that should the owner or contract elect to terminate the contract for any reason; WILDCAT Engineering will be paid the full gross profit on the remainder of the contract. Page 3 CONTRACTORS STATE LICENSE BOARD NOTIFICATION REQUIREMENTS CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD, WHICH HAS JURISDICATION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS, IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHING FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEDGED VIOLATION. ANY QUESTIONS, CONCERNING THE CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS STATE LICENSE BOARD, POST OFFICE BOX 26000, SACRAMENTO, CALIFORNIA 95826. STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING — IF THE TOTAL RICES OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS STATE LICENSE BOARD MAY BE UNABLE TO ASIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS OR HER EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENS. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGEMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES LOCATED IN THE WHITE PAGES OF THE PHONE BOOK FOR THE OFFICE NEAREST YOU OR CALL 1.800.321.CSLB FOR MOR INFORMATION. Page 4 NOTICE TO OWNER "Under the California Mechanics" Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice." Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project. TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS: 1. Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractor's bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity. 2. Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar. 3. Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property; therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid. 4. Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional "Waiver and Release" forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the "Waiver and Release" forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by the individuals, the persons signing these releases lose the right to file a mechanics' lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete. To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the "Waiver and Release" form. If a mechanics' lien has been filed against your property, it can only be voluntarily released by a recorded "Release of Mechanics' Lien" signed by the person or entity that filed the mechanics' lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property." (Rev. 4/99) Home Improvement Certification Reference Booklet Exhibit B BONDFORMS Required for contracts over $25, 000. Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Bond Forms Approved by City Attorney, dated 03/28/2022 Payment Bond City of San Rafael ("City") and Aanenson Wildcat, Inc. dba Wildcat Engineering ("Contractor") have entered into a contract, dated 20_ ("Contract") for work on the City's Albert J. Boro Center Backflow Prevention Installation ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). General. Under this Bond, Contractor as principal and its surety ("Surety"), are bound to City as obligee in an amount not less than $ under California Civil Code sections 9550, et seq. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Address: City/State/Zip: Phone: Fax: Email: 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Payment Bond Approved by City Attorney, dated 03/28/2022 Bond No. 1001121771 Payment Bond City of San Rafael ("City") and Aanenson Wildcat, Inc. dba Wildcat Engineering ("Contractor') have entered into a contract, dated J �` t,t e 2024 ("Contract") for work on the City's Albert J. Boro Center Backflow Prevention Installation ("Project'). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and American Contractors Indemnity Company its surety ("Surety"), are bound to City as obligee in an amount not less than $ 64,450.00XX * , under California Civil Code sections 9550, et seq. Sixty four thousand four hundred fifty and 00/100XX 2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Eric Fedors Address: 801 S Figueroa St UNIT 700 City/State/Zip: Los Angeles. CA 90017 Phone: 916-900-3550 Fax: N/A Email: efedors@tmhcc.com 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Payment Bond Approved by City Attorney, dated 03/28/2022 7. Effective Date; Execution. This Bond is entered into and is effective on June 24th 2024 Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: American Contractors Indemnity Company Business Name s/ D H,a L. Mott, Attorney In Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Aanenson Wildcat, Inc. DBA Wildcat Engineering 1 s/ i Name/Title s/ Name/Title APPROVED s/ Business Name Z"--- -� �/ IL- T. L � - EPST , City Attorney Date END OF PAYMENT BOND Albert J. Boro Center Backflow Prevention Installation City Project #:11449-02 Up to $200,000 Contract Payment Bond Approved by City Attorney, dated 03/28/2022 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 �-Av-xy,b�) V I— ) On l9 -2 kA i'20 `z kA before me, _L� f lic-n, C 1—U�"C Date HereJlnsert Name and Title of the Officer personally appeared_an`t�. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(p' whose namek6)CZtare subscribed to the within instrument and acknowledged to me that he &they executed the same in hiq!fPtheir authorized capacity i(§), and that by hi Dheir signature(s)- on the instrument the person(8), or the entity upon behalf of which the person(,pyacted, 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. JEFFERY L. FOREMAN WITNESS my hand and official seal. Notary Public • California Humboldt County Commission # 2482051 ►•'�,My Comm. Expires Feb 16, 2028 Signatur fgna��tary Public Place Notary Seal Above 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: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 TOKIOMARINE H C C POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: James Gray, Manuel Mello, Dylan Sacco, Lawrence A. Ford or Danika L. Mott of Eureka, California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ""' Ten Million and 00/100 ""' Dollars ( " $10,000,000.00—) ). This Power of Attorney shall expire without further action on January 319c 2028. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of February 2024. ,01 " ZTO%; y, �`�NOINrQ'c, �. S SUA?'14 �� of Insure AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS o'': yo`--., �`�0; O r e BONDING COMPANY, UNITED STATES SURETY COMPANY, 4i% =L=ro= �: 'o=___�, �c r� U.S. SPECIALTY INSURANCE COMPANY �`�-' INCORPORATED :1_�W: `2c_Wi ?;=yrn�� a SEPT. 25, 1980 ,On = ^ :. ,�` %' . �_ - Y .� W �1^'. YV. •ate �7 $y; r�Daniel P. ice President y ,. 'sy'• '2c 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 Los Angeles On this 15t day of February 2024, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 offic 1 seal. 1)urrun" Signature (seal) Ow Cum. wires Ln 31. IOU I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, 24th day Of Junr have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this Bond No. 1001121771 Agency No 2102 - PDF POA 2024 V,rrt111ry., \\\1i.irr II • S.0 I �\rr1`^IIr,rlll �cToRs,`ND'N ib3` vQ Q' 4�9 qFf% ��d s +''' ec, ;_=x Kio Lo, A460ant Secretary SEPT ?5. 19YJ OFF HCCSMANPOA02/2024 i�in :.a nn,I visd tmhcc.com&u' rety for more information Bond No. 1001121771 Performance Bond City of San Rafael ("City") and Aanenson Wildcat, Inc„ dba Wildcat Engineering ("Contractor') have entered into a contract, dated ,) , i ., Z `� 12024 ("Contract') for work on the Albert J. Boro Center Backflow Prevention Installation ("Project'). The Contract is incorporated by reference into this Performance Bond ("Bond"). American Contractors 1. General. Under this Bond, Contractor as Principal and Indemnity Company its surety ("Surety"), are bound to City as obligee for an amount not less than $ 64,450.00XX By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. Sixty four thousand four hundred fifty and 00/100XX 2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, provided Contractor has timely provided a warranty bond as required under the Contract. Otherwise Surety's obligations will remain in full force and effect until expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Compensation minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven calendar days of receipt of the notice to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract documents, at Surety's expense; or 4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining services completed. 5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. 6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows: Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Performance Bond Approved by City Attorney, dated 03/28/2022 Attn: Eric Fedors Address: 801 S Figueroa St UNIT 700 City/State/Zip: Los Angeles, CA 90017 Phone. 916-900-3550 Fax: N/A Email efedors@tmhcc.com 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on June 24th 2024 . Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY. American Contractors Indemnity Com S/ Danika . Mq Attorney In Fact Varrie/Tfie [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Aanenson Wildcat, Inc. DBA Wildcat Engineering Business Name s/ Name/Title s/ Name/Title APPROVED BY s/ A BERT F. JEPSTEIN,/Co Attorney END OF PERFORMANCE BOND Albert J. Boro Center Backflow Prevention Installation City Project* 11449-02 v Date Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 CALIFORNIA•. • •D _H .V._ y .y� .i. a`+ .NY .N .A .N .tit N<: \ .N - -�\ . 1 .5\f.:\t.Nf�. �.ai.:\t/.'.�� •.c�f.aC� cam%. di .a . 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 Hv�rn`C�ti�Cj� On 7u_,r-Nx 1 �I�YI L+=LL1 before me, a .rr� - M�-Z1� Date Here Insert Name and Title of the Offic personally appeared j - s f► —A _ . T\.- , ' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(4 sue. re subscribed to the within instrument and acknowledged to me that he they executed the same in hi er heir authorized capacity), and that by hi�their signature on the instrument the personX', or the entity upon behalf of whichthe persona) acted, executed the instrument. .�•',,' �. JEFFERY L. FOREMAN Notary Public - California Humboldt County >_ = Commission N 2482051 • •�••� My Comm. Expires Feb 16. 2028 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 i f N tary Public _ Place Notary Seal Above 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: Number of Pages: Document Date: 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: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 TOKIO MART N E HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: James Gray, Manuel Mello, Dylan Sacco, Lawrence A. Ford or Danika L. Mott of Eureka, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ""' Ten Million and 00/100 ""' Dollars ( " $10,000,000.00—) ). This Power of Attorney shall expire without further action on January 31 sr 2028. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of February 2024. '`tQo�cTogs�,, oO OINc ".,, 01 S Suit N ,,``��� 5nsvra�� ;, AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS N 0;"' a BONDING COMPANY, UNITED STATES SURETY COMPANY, o = i U.S. SPEC ALTY INSURANCE COMPANY V INCORPORATED gQ. SEPT. 25.1990 ' o . .. Daniel P. Aguilar, ice President iFOR,N\A o" C ........... 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 Los Angeles On this 1sr day of February 2024, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 offic I seal. 0.UnUFM NotaprPiblk-Ugfomli Signature - (seal)='fD " ►ry (Dorn. Et�IrK Jan 3t, 3036 I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 24th day of June 2024 Bond No. 1001121771 Agency No. 2102 - PDF POA Tp,'. •"H��iMGi,. `S sUOF visit tmhcc.comfsurety for more information rAQ_Z_ Kio Lo, A&i5hnt Secretary r 2• * HCCSMANPOA02/2024 Bond No. RCB0030279 Performance Bond City of San Rafael ("City") and Pump Repair Service Co. ("Contractor") have entered into a contract, dated April 22 , 2024 ("Contract") for work on the Glenwood Pump Station Repair ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). Contractors Bonding and Insurance Compan 1. General. Under this Bond, Contractor as Principal and its surety ("Surety"), are bound to City as obligee for an amount not less than $ 125.60T00 By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, provided Contractor has timely provided a warranty bond as required under the Contract. Otherwise Surety's obligations will remain in full force and effect until expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 3. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total arnount payable by City to Contractor as the Compensation minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven calendar days of receipt of the notice to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract documents, at Surety's expense; or 4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining services completed. 5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. 6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows: Glenwood Pump Station Repair Up to J)LUU,000 Uontract Performance Bond Approved by City Attorney, dated 03/28/2022 Attn: Contractors Bonding and Insurance Address: 9025 N. Lindbergh Drive City/State/Zip: Peoria, IL 61615. Phone: 800-444-0406 Fax: 866 692 6796 Email: New. Claim@rlicorp com 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on June 4 2024 . Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: CONTRACTORS BONDING AND INSURANCE COMPANY Business Name s/ Josefina op, Attorney -in -fact Name/Title [print] - (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Pump Repair Service Co. Business Name s/ Narne/Title �5-8-6 NCfatrte word," OAf, fcc S/ Name/Title APPROVED BY CITY: s, ROBERT F. Sjt IN, City Attorney Date END OF PERFORMANCE BOND Glenwood Pump Station Repair �% *0 'Pr•oft 81F*i ow d SEAL . o Up to $200,000 Contract Performance Bond Approved by City Attorney, dated 03/28/2022 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 Illinois County of Cook On June 4. 2024 before me, M. Labno, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Josefina 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 instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. OFRCIAL SEAL M LABNO Nouq PUW stay o1 Ova my nw Co+i nksion No. 976616 CoAWO Ewa up ta. M7 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Illinois that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature R M. Labno 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 Number of Pages Document Date Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer—Title(s) ❑ Partner Q Limited ❑ General ❑ Individual ❑ Attorney in Fact OTrustee ❑ Guardian or Conservator 0 Other Signer's Name 0 Corporate Officer—Title(s) 13Partner 13Limited ❑General [:]Individual 0 Attorney in Fact ❑Trustee Q Guardian or conservator 0 Other Signer Is Representing Contractors Bonding Signer Is Representing and Insurance Company 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 emt` % 64 __k, ) On tt : l ?CG'L before me, ��,G r t �� Notary Public Dote Here Insert Name and Title of the Officer Personally appeared ILL;1� 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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LORI DEwlr *my Notary Public • CaliforniaContra Costa County Commission # 2455405 Comm. Expires Aug 24, 2027 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r— 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 �'`� Cf�r/VftGC)^c-� ielld Document Date Number of Pages Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name 0 Corporate Officer—Title(s) ❑ Partner 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other Signer's Name ❑ Corporate Officer—Title(s) ❑ Partner 0 Limited ❑General ❑ Individual ❑ Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Pump Repair Service Signer Is Representing Company . OWE R OF ATTORNEX RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Haley Anderson, John P. Flarney, Josefina Rojo, Jacquelyn M. Norstrom, Matthew Labno. Jessica Hernandez, jointly or severally in the City of Chicago , State of Illinois its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 12th day of December . 2023 . ,....,'�'SG99y' p ...•, •O ==0 �•O�yPon �': ``\�yv �• 9� GF'. GORPORA)I�t `.` SEAL = SEAL .,_ State of Illinois '1L1NO�S SS County of Peoria )} On this 12th day of December 2023 ,before me, a Notary Public, personally appeared Eric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: /� , Jill A. Scott t�(� Notary Public 4 % JILL A SCOTT M a _ Notary Public 2, State of Ohio • • �i-}: '• ,° My Comm. Expires �y •"s±.w o' September 22, 2025 RLI Insurance Company Contractors Bonding and In nce Company f By: Eric Raudins Sr. Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 4th day of June , L024 . RLI Insurance Company Contractors Bonding and Insurance Company By: � 4kLA L J ±5! 1_ Jeffrey I ic6 Corporate Secretary 1233387020212 A0058D 19 7. Effective Date; Execution. This Bond is entered into and is effective on 20_ Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY: Business Name s/ Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Business Name s/ Name/Title s/ Name/Title APPROVED BY CITY: s/ ROBERT F. EPSTEIN, City Attorney Date END OF PAYMENT BOND Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Payment Bond Approved by City Attorney, dated 03/28/2022 Performance Bond City of San Rafael ("City") and Aanenson Wildcat, Inc„ dba Wildcat Engineering ("Contractor") have entered into a contract, dated 20 ("Contract") for work on the Albert J. Boro Center Backflow Prevention Installation ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). General. Under this Bond, Contractor as Principal and , its surety ("Surety"), are bound to City as obligee for an amount not less than $ By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, provided Contractor has timely provided a warranty bond as required under the Contract. Otherwise Surety's obligations will remain in full force and effect until expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 3. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Compensation minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven calendar days of receipt of the notice to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract documents, at Surety's expense; or 4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining services completed. 5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. 6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows: Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Performance Bond Approved by City Attorney, dated 03/28/2022 Attn Address: City/State/Zip: Phone: Fax: Email 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond 8. Effective Date; Execution. This Bond is entered into and effective on 20_ Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY Business Name s/ Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Business Name s/ Name/Title s/ Name/Title APPROVED BY CITY: s/ ROBERT F. EPSTEIN, City Attorney Date END OF PERFORMANCE BOND Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Performance Bond Approved by City Attorney, dated 03/28/2022 Bid Bond ("Bidder") has submitted a bid, dated 20 ("Bid"), to the City of San Rafael ("City") for work on the ("Project'). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and , its surety ("Surety"), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the 'Bond Sum"). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents ("Contract Documents"); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Award. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Address. City/State/Zip: Phone: Fax: Email 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. [Signatures are on the following page.] Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Bid Bond Approved by City Attorney, dated 3/28/2020 This Bid Bond is entered into and effective on 20 SURETY: Business Name s/ Date Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: Business Name s/ Date Name, Title END OF BID BOND Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Bid Bond Approved by City Attorney, dated 3/28/2020 Exhibit C NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: am the Office manaver [title] of Wildcat Engineering [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Jun 18, 2024 [date], at Petaluma [City], CA [state]. 51 �OXRNN2TY�l�fON Roxanne Torauson Name [print] END OF NONCOLLUSION DECLARATION Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #-.11449-02 Noncollusion Declaration Approved by City Attorney, dated 3/28/2022 Exhibit D BID SCHEDULE This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CIF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.) BID ITEM UNIT EXTENDED NO. ITEM DESCRIPTION EST. QTY. UNIT COST TOTAL AMOUNT TOTAL BASE BID: Items 1 through inclusive: $ Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #: 11449-02 Bid Schedule Approved by City Attorney, dated 3/28/2022 This Bid Proposal is hereby submitted on s/ s/ Company Name Address City, State, Zip Contact Name 20 Name and Title Name and Title License #, Expiration Date, and Classification DIR Registration # Phone Contact Email Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received Addendum: Date Received #01 #05 #02 #06 #03 #07 #04 #08 END OF BID SCHEDULE Albert J. Boro Center Backflow Prevention Installation City Project #: 11449-02 Approved by City Attorney, dated 3/28/2022 Up to $200,000 Contract Bid Schedule Exhibit E SUBCONTRACTOR LIST For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST 'For street or highway construction this requirement applies to any subcontract of $10,000 or more. Albert J. Boro Center Backflow Prevention Installation Up to $200,000 Contract City Project #:11449-02 Subcontractor List Approved by City Attorney, dated 3/28/2022 Informal Contract - AJ B Center Backflow Prev Install - Wildcat Final Audit Report 2024-06-25 Created: 2024-06-18 By: Shannon Mackie (shannon.mackle@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAzlhd3a9lojjUJq-J51ljTwcXKMX61Xs "Informal Contract - AJB Center Backflow Prev Install - Wildcat" History Document created by Shannon Mackie (shannon.mackle@cityofsanrafael.org) 2024-06-18 - 8:30:38 PM GMT- IP address: 199.88.113.8 . Document emailed to Roxanne Torguson (wcateng@yahoo.com) for signature 2024-06-18 - 8:38:17 PM GMT Email viewed by Roxanne Torguson (wcateng@yahoo.com) 2024-06-18 - 8:39:34 PM GMT- IP address: 69.147.91.11 &o Document e-signed by Roxanne Torguson (wcateng@yahoo.com) Signature Date: 2024-06-18 - 9:40:40 PM GMT - Time Source: server- IP address: 192.184.136.190 P- 4 Document emaiied to aanenson1 @comcast.net for signature 2024-06-18 - 9:40:42 PM GMT Email viewed by aanenson1@comcast.net 2024-06-18 - 9:49:30 PM GMT- IP address: 172.226.36.4 Email viewed by aanenson1@comcast.net 2024-06-25 - 10:29:23 PM GMT- IP address: 172.225.88.149 6© Signer aanenson1 @comcast.net entered name at signing as Chad Aanenson 2024-06-25 - 10:33:44 PM GMT- IP address: 192.184.136.190 b© Document e-signed by Chad Aanenson (aanenson1 @comcast.net) Signature Date: 2024-06-25-10:33:46 PM GMT -Time Source: server- IP address: 192.184.136.190 Agreement completed. 2024-06-25 - 10:33:46 PM GMT �- Powered by ( Jh SAN RAFAEL Adobe Acrobat Sign CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Shannon Mackie (for Megan Kelly) Extension: 3353 Contractor Name: Wildcat Engineering Contractor's Contact: Roxanne Torguson Contact's Email: wcateng@yahoo.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE I DESCRIPTION COMPLETED REVIEWER DEPARTMENT ll DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 5/30/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org ©SIVI 2 City Attorney a. Review, revise, and comment on draft agreement 6/12/2024 and return to Project Manager 6/12/2024 © NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ® NT 3 Department Director Approval of final agreement form to send to 6/13/2024 ® AM contractor 4 Project Manager Forward three (3) originals of final agreement to 6/18/2024 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized City Clerk official Attest signatures, retains original agreement and 10 forwards copies to Project Manager Informal Contract - Wildcat Engineering - AJBCC Backflow Prevention Installation Final Audit Report 2024-07-19 Created: 2024-07-10 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAdSIUSd3JXyyt-IGfsmylrWEcnrZ8M16k "Informal Contract - Wildcat Engineering - AJBCC Backflow Prev ention Installation" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-07-10 - 11:14:07 PM GMT- IP address: 199.88.113.8 L'+ Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-07-10 - 11:16:56 PM GMT t Document shared with Shannon Mackie(shannon.mackle@cityofsanrafael.org) by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-07-10 - 11:17:44 PM GMT- IP address: 199.88.113.8 Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-07-10 - 11:17:52 PM GMT- IP address: 104.47.64.254 6e Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-07-10 - 11:18:21 PM GMT - Time Source: server- IP address: 199.88.113.8 P+ Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-07-10 - 11:18:22 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-07-11 - 6:42:36 PM GMT- IP address: 146.75.154.173 6© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-07-12 - 0:56:03 AM GMT- IP address: 104.28.124.163 6© Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-07-12 - 0:56:05 AM GMT - Time Source: server- IP address: 104.28.124.163 ered by SAN RAFAEL PO1N e ��� Adobe rTIE C'TV v."" ? 14 155 0y Acrobat Sign 'y Document emailed to city.clerk@cityofsanrafael.org for approval 2024-07-12 - 0:56:07 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-12 - 4:01:01 PM GMT- IP address: 104.47.64.254 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara 2024-07-12 - 4:01:14 PM GMT- IP address: 67.169.52.201 d© Document approved by Lindsay Lara(city.clerk@cityofsanrafael.org) Approval Date: 2024-07-12 - 4:01:16 PM GMT - Time Source: server- IP address: 67.169.52.201 El Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-07-12 - 4:01:19 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-07-19 - 9:24:20 PM GMT- IP address: 104.47.65.254 6e Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-07-19 - 9:24:42 PM GMT- IP address: 199.88.113.8 6S0 Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-07-19 - 9:24:44 PM GMT - Time Source: server- IP address: 199.88.113.8 E'41 Document emailed to city.clerk@cityofsanrafael.org for signature 2024-07-19 - 9:24:46 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-19 - 10:11:52 PM GMT- IP address: 104.47.65.254 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara 2024-07-19-10:12:13 PM GMT- IP address: 199.88.113.8 Oe Document e-signed by Lindsay Lara (city.clerk@cityofsanrafael.org) Signature Date: 2024-07-19 - 10:12:15 PM GMT - Time Source: server- IP address: 199.88.113.8 ® Agreement completed. 2024-07-19 - 10:12:15 PM GMT Are SAN RAFAEL '—' by W I Adobe Acrobat Sign