HomeMy WebLinkAboutCC Resolution 11964 (Kerner Pump Station Renovation)RESOLUTION NO. 11964 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING CONTRACT FOR KERNER BOULEVARD PUMP STATION RENOVATION TO VALENTINE CORPORATION IN THE AMOUNT OF $790,369.00 WHEREAS, on the 30th day of May, 2006, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "KERNER BOULEVARD PUMP STATION RENOVATION" PROJECT NO. 10729 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Valentine Corporation at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, BE IT RESOLVED that the bid of Valentine Corporation and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Valentine Corporation at the unit prices mentioned in said bid. BE IT FURTHER RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Valentine Corporation for said work and to return the bidders bond upon the execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 5th day of June, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller JEANbW LEONCINI, City Clerk File No.: 08.06.58 City of San Rafael - Department of Public Works Bid Summary Kerner Boulevard Pump Station Renovation Valentine Corporation Anderson Pacific Eng.Const, Inc. Project No. 10729 Engineer's P.O. Box 9337 1390 Norman Avenue Bid opening: May 30, 2006 Estimate San Rafael. CA 94912 Santa Clara, CA 95054 ITEM EST UNIT UNIT ITEM UNIT ITEM UNIT ITEM NO. ITEM QTY PRICE, $ TOTAL, $ PRICE, $ TOTAL, $ PRICE, $ TOTAL, $ 1 Site Clearing and Preparation 1 LS 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 2 Dewatering a Channel 1 LS 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00 b Kerner Blvd. Drop Inlet and Site I LS 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 3 Demolition a Existing Pump Station Facilities and Sump 1 LS 45,000.00 45,000.00 45,000.00 45,000.00 70,000.00 70,000.00 b Existing AAAC Pavement and Base 1 LS 6,000.00 6,000.00 9,000.00 9,000.00 10,000.00 10,000.00 c Removal of Pumps, Motors and Reinstallation 1 LS 28,000.00 28,000.00 17,000.00 17,000.00 15,000.00 15,000.00 d Rem&Disp of Exist Gen, Conc Pad, UGT&App, 1 LS 20,000.00 20,000.00 10,000.00 10,000.00 20,000.00 20,000.00 4 Furnish & Install Site Work a AC Pavment, Including Base 2,250 SF 5.00 11,250.00 9.00 20,250.00 14.00 31,500.00 b 2' High Concrete Retaining Wall 9 LF 450.00 4,050.00 275.00 2.475.00 300.00 2.700.00 c 6" AC Berm 135 LF 10.00 1.350.00 21.00 2.835.00 30.00 4.050.00 d 14'-0" Wide Concrete Driveway Approach 294 SF 30.00 8.820.00 0.00 0.00 0.00 0.00 e 6' High Chain Link Fence 282 LF 60.00 16,920.00 58.00 16,356.00 50.00 14,100.00 5 Furnish & Install Existing Sump Rehabilitation a Girt Blast Existing Surface I LS 3,500.00 3,500.00 15,000.00 15,000.00 15,000.00 15,000.00 b Chipping of Existing Surface 200 SF 10.00 2,000.00 6.00 1,200.00 25.00 5,000.00 c Repair Cracks 10 LF 200.00 2,000.00 200.00 2,000.00 120.00 1,200.00 d Repair Metal Embedments 40 EA 65.00 2,600.00 50.00 2,000.00 60.00 2,400.00 e Plug Exisiting Penetration 1 EA 1,500.00 1,500.00 2,500.00 2,500.00 4,000.00 4,000.00 f Apply Corrosion Inhibitor 6,000 SF 3.00 18,000.00 2.75 16,500.00 3.50 21,000.00 g Apply Elastometric Coating 5,000 SF 15.00 75,000.00 25.00 125,000.00 21.00 105,000.00 h Place Dowels; Apply Bonding Agent 1 LS 4,000.00 4,000.00 2,800.00 2,800.00 3,500.00 3,500.00 1 Cast -in -Place Concrete 74 CY 1,200.00 88,800.00 400.00 29.600.00 1,050.00 77,700.00 6 Fornish and Install 1 1/2" Dia Galvanized Railin 1 LS 12,000.00 12,000.00 12,000.00 12,000.00 10,000.00 10,000.00 7 Furnish & Install Stainless Steel Ladders 1 LS 7,500.00 7,500.00 15,000.00 15,000.00 10,000.00 10,000.00 8 Furnish & Install Steel Grating 1 LS 10,000.00 10,000.00 20,000.00 20,000.00 13,000.00 13.000.00 9 Install Access Frame and Lid 1 EA 2,000.00 2,000.00 6,000.00 6,000.00 6,000.00 6,000.00 10 Furnish and Install Trash Rack I LS 15,000.00 15,000.00 17,000.00 17,000.00 25,000.00 25,000.00 11 Frunish and Install Electrical Equipment a Motor Control Center I LS 2,500.00 2,500.00 8,000.00 8,000.00 14,000.00 14,000.00 b Electrical Conduit 1 LS 28,000.00 28,000.00 47,000.00 47,000.00 50,000.00 50,000.00 c Generator I LS 100,000.00 100,000.00 185,000.00 185,000.00 145,000.00 145,000.00 d Reconnect Power Leads for Pump Motors 1 LS 1,500.00 1,500.00 625.00 625.00 2,000.00 2,000.00 e Radio Antenna 1 LS 1,000.00 1,000.00 1,000.00 1,000.00 2,000.00 2,000.00 f Signage 1 LS 1,000.00 1,000.00 400.00 400.00 1,000.00 1,000.00 12 Furnish & Install Gates and Actuators a 48" x 48" Slide Gate 1 EA 15,000.00 15,000.00 19.428.00 19,428.00 16,000.00 16,000.00 b 36" Flap Gates 2 EA 2,500.00 5,000.00 10;200.00 20,400.00 10,000.00 20,000.00 c Furnish and Install 48" Steel insert Spool 1 EA 10,000.00 10,000.00 34,000.00 34,000.00 25,000.00 25,000.00 Grand Total 634,290.00 790,369.00 826,150.00 City of San Rafael ♦ California Form of Contract Agreement for KERNER PUMP STATION RENOVATION PROJECT NO: 10729 This Agreement is made and entered into this 5th day of June 2006 by and between the City of San Rafael (hereinafter called City) and Valentine Corporation (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Kerner Pump Station Renovation, Project No: 10729, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within five (5) calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 120 calendar days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 ITEM NO. ITEM 1 Site Clearing and Preparation 2 Dewatering a Channel b Kerner Blvd. Drop Inlet and Site Demolition a Existing Pump Station Facilities and Sump b Existing AAAC Pavement and Base c Removal of Pumps, Motors and Reinstallation d Rem&Disp of Exist Gen, Conc Pad, UGT&Appur Furnish & Install Site Work a AC Pavment, Including Base b 2' High Concrete Retaining Wall c 6" AC Berm d 14'-0" Wide Concrete Driveway Approach e 6' High Chain Link Fence Furnish & Install Existing Sump Rehabilitation a Girt Blast Existing Surface b Chipping of Existing Surface c Repair Cracks d Repair Metal Embedments e Plug Exisiting Penetration f Apply Corrosion Inhibitor g Apply Elastometric Coating h Place Dowels; Apply Bonding Agent I Cast -in -Place Concrete Fornish and Install 1 1/2" Dia Galvanized Railing Furnish & Install Stainless Steel Ladders Furnish & Install Steel Grating Install Access Frame and Lid Furnish and Install Trash Rack Frunish and Install Electrical Equipment a Motor Control Center b Electrical Conduit c Generator d Reconnect Power Leads for Pump Motors e Radio Antenna f Signage Furnish & Install Gates and Actuators a 48" x 48" Slide Gate b 36" Flap Gates c Furnish and Install 48" Steel insert Spool 3 4 5 G 7 8 9 10 11 12 EST UNIT UNIT ITEM QTY PRICE, $ TOTAL, $ 1 LS 50,000.00 50,000.00 1 LS 30,000.00 30,000.00 1 LS 5,000.00 5,000.00 1 LS 45,000.00 45,000.00 1 LS 9,000.00 9,000.00 1 LS 17,000.00 17,000.00 1 LS 10,000.00 10,000.00 2,250 SF 9.00 20,250.00 9 LF 275.00 2,475.00 135 LF 21.00 2,835.00 294 SF 0.00 0.00 282 LF 58.00 16,356.00 1 LS 15,000.00 15,000.00 200 SF 6.00 1,200.00 10 LF 200.00 2,000.00 40 EA 50.00 2,000.00 1 EA 2,500.00 2,500.00 6,000 SF 2.75 16,500.00 5,000 SF 25.00 125,000.00 1 LS 2,800.00 2,800.00 74 CY 400.00 29,600.00 1 LS 12,000.00 12,000.00 1 LS 15,000.00 15,000.00 1 LS 20,000.00 20,000.00 1 EA 6,000.00 6,000.00 1 LS 17,000.00 17,000.00 1 LS 8,000.00 8,000.00 1 LS 47,000.00 47,000.00 1 LS 185,000.00 185,000.00 1 LS 625.00 625.00 1 LS 1,000.00 1,000.00 1 LS 400.00 400.00 1 EA 19,428.00 19,428.00 2 EA 10,200.00 20,400.00 1 EA 34,000.00 34,000.00 Grand Total $790,369.00 AGREEMENT • 2 V - Progress Payments (a). On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate as approved by the Public Works Department. (c). Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d). The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractr, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. AGREEMENT • 3 Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: anne M. Leoncini City Clerk _ �•'� APPROVED. AS, Q, Ghry T. Ragghianti �r City Attorney CITY OF SAN RAFAEL: AW eIBoro Mayor CONTRACTOR: for Valentine Corporation Chief Financial Officer Lam' AGREEMENT • 4 Vb/1(4/LVVb 14.44 rnn 41� 4a5 JJJ4 SH UPW i i KERNER BOULEVARD STORM( WATER PUMP STATION REHABILITATION PROJECT NO. 10729 PRICES OF ITEMS 11M 001/003 NOTE; In the event of error or conflict in the prices set forth below, the "Unit Price" will govem. In the event that the "Unit Price" is illegible or indistinguishable, it shall be established by dividing the "Total Price" by the "Number of Units". "s" denotes "Specialty Items" in accordance with Section 3.03 of the Contract Documents. NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE I 1. Site Clearing and Preparation Grubbing, �Grubbin , Mobilization, Traffic ontrol, Controls, Temporary Fencing and Coordination with Nty) (Limited) 1 LS @ 50,000 • $50,000.00 2. Dewatering a. Channel Includes temporary by-pass) Limited) 1 LS @ 30,000 $30,000.00 b. Kerner Blvd. Drop Inlet and Site Dewatering (Includes removal and disposal of all runoff) (Limited) l LS @ 5,000 • S5,000.00 3. Demolition a. Existing Pump Station Facilities and Sump (Includes Fencing, Grating Sawcuttin and Removal off' Portions or Structural Pads and Electrical Equip., and�roviding Bracing, Shoring, and Protection) I LS @ ti 57 000 ' 4sOpo b. Existing AC Pavement and Base 1 LS @ 10 C!) C) • 9 000 C. Removal of Pumps (3), Motors (3) and Reinstallation 1 LS @ 1-4 000 ' 1,+ 00to d. Removal and Disposal of Existing Generator, Concrete Pad, Underground Tank and Appurtenances t LS @ /0 tW ■ /0 OOC) 4. Furnish and Install Site Work • a. AC Pavement, Including Base 2,250 SF @ 9 • 2•Q 2 0 b. 2' High Concrete Retaining Wall (Driveway Wall) 9 LF @ 2�� �. 9 }s c.6" AC Berm 135 LF @ ( 2 935-- d. 14'-0" Wide Concrete Driveway Approach 294 SF @ Q • e. 6' High Chain Link Fence 282 (Includes Gates) LF @ ■ 5 /6 35-6 F1WPMSPER3AAF%K&m9t al•dW,&.1063 PROPOSAL -3 06/14/2006 14:44 FAX 415 485 3334 No- --ITEM,. _..._ 5. Furnish and Install Existing Sump Rehabilitation a. Girt Blast Existing Surface b. Chipping of Existing Surface in Preparation of Placing New c. Repair Cracks d. Repair Metal Embedments e. Plug Existing Penetration (42") f. Apply Corrosion Inhibitor Coating (All Exposed Surfaces) Z. Apply Elastometric Coating h. Place Dowels; Apply Bonding Agent i. Cast -in -Place Concrete (Pump Sump, MCC, Generator Pad) 6. Furnish and Install 1 %:" Diameter Galvanized Railing (Including Brackets, S.S. Fas eners) 7. Furnish and Install Stainless Steel Ladders (Including Fasteners) 8. Furnish and Install Steel Grating (Including Stainless Steel Members and Fasteners) 9. Install Access Frame and Lid 10. Furnish and Install Trash Rack 11. Furnish and Install Electrical Equipment a. Disconnect, Move and Reconnect Motor Control Center b. Electrical Conduit, Wire, and Conduit Support c. Generator d. Reconnect Power Leads for Pump Motors e. Reinstall Radio Antenna (City Supplied) f. Signage FAWP6015 EMRAnKemer 91vcUriem.1061 SR DPW IA 002/003 QUANTITY UNITS 8 Coe) UNIT PRICE @ TOTAL PRICE 1 LS @ 6,000 • 16-000 200 SF @ �, @ 120 O 10 LF @ 1pd 9..-000 40 EA @ 5-0 • D„ p 0 0 1 EA @ 6,000 SF 5,000 SF @ 2,S f Z,S 000 1 LS @ y g OO ?_ 8 0 b 74 CY @ L100 Z9 600 1 LS @ J 2 OOD 12-000 1 LS @ IS OOU ' 15 000 I LS @ 20 000 T U 000 1 EA @ 6 Q00 • 6 non I LS @ I—* nOn f I- nnn I LS @ • 8 Coe) I LS @ y7 060 • Y -t 000 I LS @ /Sr 000 • /85 ood 1 LS @ G 25- • 6'1S 1 LS @ coO • 1000 1 LS @ LOO 0400 PROPOSAL -4 Ub/14/LUU6 14:44 rAA 415 4bb 3334 NO. ITEM --- --- - - 12. Furnish and Install Gates and Actuators a. 48" x 48" Slide Gate b. 36" Flap Gates c. Fumish and Install QS" Stainless Steel Insert Spool (GRAND TOTAL - written in words) SR UPW fA 003/003 QUANTITY UNITS UNIT PRICE TOTAL PRICE I EA @ IQ 4Le 1 c q2S 2 EA @ I O "0 ' 10 4d O I EA @ t{ ()0C -3q OO C9 tv GRAND TOTAL BID � RO 364 F- This project will be awarded to the lowest responsible and responsive bidder based upon the Grand Total Bid. The City reserves the right to delete any item of work shown. F1wD6(h5PEC18RAFll:a+ta BkQIPncu 106) PROPOSAL -5 (Executed in Duplicate) Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD 21203 KNOW ALL MEN BY THESE PRESENTS: That we, Valentine Corporation Performance Bond Premium: $9,726.00 Bond No. 08855851 (Here insert the name and address or legal title of the Contractor) P.O. Box 9337, San Rafael, CA 94912 as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, with its home office in the City of Baltimore, Maryland, U.S.A., as Surety, hereinafter called Surety, are held and firmly bound unto City of San Rafael 111 Morphew Street, San Rafael, CA 94915 (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of Seven Hundred Ninety Thousand Three Hundred Sixty Nine Dollars and 00/100 Dollars($ 790,369.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated June 5, 2006 entered into a contract with Owner for KERNER PUMP STATION RENOVATION, PROJECT NO. 10729 in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by the Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term"balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this In the presence of: 12th C309f—I0M, 8-90 232569 Approved by The American Institute of Architects, A.I A Document No. A-311 February 1970 Edition. day of June A.D. , 2006 Valentine Corporation (SEAL) Principal By. /Qd;e.— a Y444 v7,00.4e Roberto. Valentine, Pres. Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SEAL) S rety a By: jAey-in-Fact Cynthia L. eMs V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On June 12, 2006 before me, Janet C. Rojo, Notary Public personally appeared ---------------- CynthiaL.Lewis---------------- ❑x personally known to me - OR - ❑ 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. Signature fNotS ly J (Executed in Duplicate) Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD 21203 Labor and Material Payment Bond Bond No. 08855851 Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That we, Valentine Corporation (Here insert the name and address or legal title of the Contractor) P.O. Box 9337, San Rafael, CA 94912 as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, with its home office in the City of Baltimore, Maryland, U.S.A., as Surety, hereinafter called Surety, are held and firmly bound unto Citv of San Rafael 111 Morphew Street. San Rafael, CA 94915 (Here insert the narne and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of Seven Hundred Ninety Thousand Three Hundred Sixty Nine Dollars and 00/100 Dollars (s 790,369.00 ), (here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 5, 2006 entered into a contract with Owner for KERNER PUMP STATION RENOVATION, PROJECTNO. 10729 in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined who has not been paid in full before the expiration of a period of days after the date on which the last of such claimant's work or labor was done or performed, or material were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal the Owner or the Surety above named, within days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by an to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 12th day of June A.D., 2006 In the presence of- Valentine Corporation (SEAL) Principal By: Robert 0. Valentine, Pres. Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SEAL) aeSt�yBy: c7 ttc zley-in-Fact Cynth' t_.1Lewi C3091/2e—I0M, 8.90 232569 Approved by The American Institute of Architects, A. LA Document No. A-31 I February 1970 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On June 12, 2006 before me, Janet C. Rojo, Notary Public personally appeared ---------------- CynthiaL.Lewis---------------- Opersonally known to me - OR - i. n•;�• t..uni: i'rirca r`•.uQ. W', 2h!lg 7 ❑ 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. at Signature of Notary) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, wh' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d snate, constitute and appoint Cynthia L. LEWIS, Susan HECKER, Janet C. ROJO, Swan E �M. MOODY and Maureen O'CONNELL, all of San Francisco, California, _ aw ney-in-Fact, to make, execute, sea] and deliver, for, and on its behalf as su an I onds and undertakings, and the execution of such bonds or undertake p� t�e, I� kr 1 e as binding upon said Company, as fully and amply, to all intents andil r� had �ct?t and acknowledged by the regularly elected officers of the Company at i BE re�an�ttlC. ° roper persons. This ower of attorney revokes that issued on m P P P Y behalf of Cynthia L. . n, ROJO, Swan LEE, Laura L. PLAISANT, Betty L. TOLENTINO, Antoinette D. MITC -, 01ter D. HOLLEY, Maureen O'CONNELL, dated January 12, 2004. The said, Dr% does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of June, A.D. 2004. ATTEST: 'gyp DEPOsfi c o . State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND /L By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President On this 2nd day of June, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. wra.wwn. ....use �1RY plIs''u POA -F 016-0511C Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ecu to:r.A t ktw�f!.�•n��..7.� �.wi..�l.-.,^C>.�..'.T.-..�'.-..1. =�A.�f �,...:�,..t(,.� .:7... �.�:.c�"'.M.i-:(`lc:A.c�-. `'..F:l..�.city'-s-�(Y=s-��^lr.F!`.c='l.`.F:l�.c:l+isA.r� State of California County of Marin On June 14, 2006 before me, Gail Barone, Notary Public Dale Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Robert 0. Valentine Name(s) of Signer(s) - . — — r_ I& r GAIL BARONE D�, 0 COMM, 51909285 .D ; Il 'A NOTARY PUBLIC -CALIFORNIA Q MARIN COUNTY O My Comm, ikP o APfll6 /, 21W '4 Place Notary Seal Above t0p-`ersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: June 5, 2006 Signer(s) Other Than Named Above: Performance Bond Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual %X Corporate Officer Title(s): Pres. ❑ Partner — Limited ❑ General ❑ Attorney in Fact • El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ._ _.-SfalPnHnP CCrn. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: N Top of thumb here wwwww=www.w�c.w�vw�w�v�.wwwww�vwwwwwww�.wwwwwwww `+osww�.�n.�w� © 2006 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On June 14, 2006 before me, Gail Barone, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Robert 0. Valentine Name(s) of Signer(s) Place Notary Seal Above 0 D,Kersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. � I�Signature o Notary u Iic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: June 5, 2006 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual )] Corporate Officer — Title(s): Pres. ❑ Partner — ❑ Limited ❑ General Labor and Material Payment Bond ., ',�-. , El Attorney in Fact �� ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Valentine Corn. Number of Pages 2 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — I I Limited I I General , ... ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ww���-rwwwwwwww�.,ww�ww�wwwwwwww�ww�www�:wwwww�.w�w�.www�. © 2006 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Tall -Free 1-800-876-6827 A.,- GAIL BARONE D� 0 COMM. #1409285 .O. NOTARY PUBLIC -CALIFORNIA G f Q MARIN COUNTY V V V My Comm. Expires APRIL 5,21W ; Place Notary Seal Above 0 D,Kersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. � I�Signature o Notary u Iic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: June 5, 2006 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual )] Corporate Officer — Title(s): Pres. ❑ Partner — ❑ Limited ❑ General Labor and Material Payment Bond ., ',�-. , El Attorney in Fact �� ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Valentine Corn. Number of Pages 2 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — I I Limited I I General , ... ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ww���-rwwwwwwww�.,ww�ww�wwwwwwww�ww�www�:wwwww�.w�w�.www�. © 2006 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Tall -Free 1-800-876-6827