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PW Parking Garage Lighting Replacement Project
CITY nC,1�9" , 1 Agenda Item No: 3.h Meeting Date: October 15, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Work Prepared by: City Manager A Public Works Director (HY) File No.: 06.01.2 10 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE PARKING STRUCTURE -GARAGE LIGHTING REPLACEMENT PROJECT, CITY PROJECT NO. 11205, TO DC ELECTRIC IN THE AMOUNT OF $73,801.04. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to DC Electric in the amount of $73,801.04 for the base bid. BACKGROUND: The City of San Rafael currently maintains and operates four parking structures -garages within the downtown area which currently utilize metal halide and high pressure sodium fixtures. Conversion of each of the 284 lighting fixtures with photocells, fluorescent fixtures with energy efficient ballasts, and Light Emitting Diode (LED) fixtures will greatly reduce the energy usage within these structures. The anticipated energy and cost savings per garage with this project are as follows: Description 3` & A 3`d& C 5th & C 3`d& Lootens Total Garage Garaae Garage Garage kWh Saved 56,709 120,392 10,478 27,308 214,887 kW Saved 4.6 6.6 0.1 0.4 11.6 12 -month Avg Cost $0.18 $0.17 $0.17 $0.16 - per kWh Annual Cost $10,075 $20,909 $1,802 $4,466 $37,251 Savings Actual energy savings will be calculated once the new fixtures have been installed. On September 17, 2012, the City Council adopted the plans and specifications and authorized the City Clerk to call for bids. The project was advertised in accordance with San Rafael's Municipal Code and policies on September 18, 2012, and sealed bids were publicly opened and read aloud on October 9. 2012 at 10:00 AM. The base bid was used for comparison of prices and award of the contract. The engineer's estimate was $115,000 for the base bid. The following four base bids were received: FOR CITY CLERK ONLY Council Meeting: i V/ 1'� ( 2— Disposition: Fj3 -, .. . ........ . SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 NAME OF BIDDER AMOUNT DC Electric $73,801.04 NEMA Construction $158�960.00 Torres Construction $104,280.00 CFContracting, Inc. $198"696.00 ANALYSIS: The low base bid from DC Electric of $73,801.04 falls within the allocated project budget. FISCALDWACT; lnorder k/fund this projectanmcoreudpcfinunuingvvuoneedod0ooddrsoaaoodiouofthombortfb|i Public Works, in working with the Marin Energy Management Team and PG8c2`obtained aloan program tohelp fund this project. The loan, which is also linked to City Bui| HV/\C Replacement, provides funding that is paid back over period of 10 years with energy savings. The general funding for this project is as fb||op/n: Revenue Source Amount Notes PG&E Loan $3,556.00 Loan linked with Energy Saving Projects for HVAC Replacement Rebates (Anticipated) $17,613.04 Rebate amount will be based on the actual quantity of new lights Services $63,330.96 GARAGEFUND —Parking Jotal Budget $84,500.00 -Remaining To date,u totalof $460.75 has been this �a project for okzo and . The remaining project expenses include the construction to be performed by DC Electric and urecommended contingency of approximately 14% for construction resulting in a total construction cost of $84,039.25 and a total project cost of $84,500.00. The [h||ov/ing table oumnmnu,izca the costs vvbicb are associated with this Expense Code Amount Notes _Categog-Eden Charged Expenses -Already & Services -07 $460.75 Reproduction of Plans and Specifications -Supplies Charged Expenses Subtotal $460.75 -Already Expenses -Remaining $73,801.04 Base Bid Contract Amount -Construction-02 $10,238.21 Contingency Remaining Expenses Subtotal $84,039.25 [Total Project Cost $84,500.00 OPTIONS: The Council may choose not to award the contract and direct staff io rebid the project. However, if chosen, this option may result in loss of the PG&E loan, impacting the funding of the City Hall HVAC project. ACTION : Adopt resolution awarding contract to DC Electric in the amount of $73,801.04 Enclosures l. Resolution Z. &Gncmud RESOLUTION NO. 13426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE PARKING STRUCTURE -GARAGE LIGHTING REPLACEMENT PROJECT, CITY PROJECT NO. 11205, TO DC ELECTRIC IN THE AMOUNT OF 573,801.04. WHEREAS, on the 91h day of October, 2012, 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: "Parking Structure -Garage Lighting Replacement" City Project No. 11205 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of DC Electric at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of DC Electric is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to DC Electric at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with DC Electric in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. RESOLVED, FURTHER, that the Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 15`" day of October, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 ES HER C. BEIRNE, City Clerk File No.: 06.01.2 10 City of San Rafael ♦ California Form of Contract Agreement for Parking Structure -Garage Lighting Replacement Project City Project No. 11205 This Agreement is made and entered into this 15th day of October, 2012 by and between the City of San Rafael (hereinafter called City) and DC Electric (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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: Parking Structure -Garage Lighting Replacement Project, City Project No. 11205, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by the Contractor under this contract shall be primary with respect to any other insurance available to the City. II - Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) "Notice to Proceed" will signify the beginning of the 4 -WEEK LEAD PERIOD. However, no field work shall commence until the delivery of the materials. (c) Upon the completion of the 4 -week materials acquisitino period, all work, including punchlist items, shall be completed within TWENTY-FIVE (25) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of calendar 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 $300 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 1V - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. 1 Page 1 of 4 I II II II II 11 II II 00 cz u 73 ct u cz to IDO LT. V 2 at r - OU cl) Z E -0 z C':s -C E �1) m -C 0-1 = Ln Ln = t� CD C�s C a) 'Dcj 00 4� 00 M-00 yy Cl. Ln Eb Ln cn � Fes" I Ln 73 CQ rL) "Cl Lr, ct rq Ln I V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) 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. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Page 3 of 4 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: -�JstherC- �Beirn�eNader Mansourian City Clerk Public Works Director APPROVED AS TO FORM: Robert Kk—p- stein City Attorney File No.: 06.01.210 �QNTRACTOR: Foi4.--DC electric Page 4 of 4 A�----''" CERTIFICATEDCELE-1 OP ID: JC OF LIABILITY INSURANCE DATE(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA71ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD ER1THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in 11eu of such endorsement(s). PRODUCER First Service Inc. Lic. #OC13473 215 Estates Dr. Ste. 1 Roseville CA 95678 Don Smlth 800-591-9692 cCONT Dom n Smith 800-591-1845 aHONE: F • BD0.89i -1 INSURER{S) AFFORDIN"COVERAG INSURER A : Scottsdale InsuranceINsuRE6 DC Electric Don Caramagno INsuRERs: Wesco Insurance Co640 West School Street INSURER c: National Union Fire ICotati, CA 94931 INSURER D: Tower Insurance Co INSURER E COVERAGES INSURER F : CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAREVISION ABOV NUMBER: OR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. !LTR TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER MMIDD MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LABILITY X CPS1469364EACH OCCURRENCE 1,000,_01 CLAIMS -MADE � OCCUR 11/18/11 11f18/12 PREMISES (Ea occurrence} $ 100,01 GENT AGGREGATE LIMIT APPLIES PER POLICY LOC X PRO- _ AUTOMOBILE LIABILITY B X ANYAUTO ALL %NED 7 SCHEDULED AUTOS �I{ AUTOS HIRED AUTOS NON -OWNED I� I AUTOS ll UMBRELLA LIAR X OCCUR C X EXCESS LIAR CLAIMS -MADE CED RETENTION $ WORKERS COMPENSATION AND EMPLOYEETC)RS' LIABILITY D CNYIPEOPRIMBEREXCLUDED�CUTVE Ya NIA {Mandatory in NH If VB5_ desrnha n AA MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ 1, GENERAL AGGREGATE $, PRODUCTS- COMP/OP AGG $ 2, COMBIN,_ IN LE_ LIMIT 02934900 Ea accident) $ 1, _ 11/18/11 11/18!12 BODILY INJURY (Per person) $i BODILY INJURY (Per acddent) $ Per acc dent AMAGE $ 3776722EACH OCCURRENCE 11/18!11 11/18112 _ $ ---- AGGREGATE $ 1A 03/09!12 03f09/13 j E L. EACH ACCIDENT $j E.L. ISEASE - EA EMPLOYEE $ 1, E L DISEASE - POLICY LIMIT $ 1, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHCLES (Attach ACORD101 Additional Remarks Schedule, if more space Is required) t is hereby understood and agreed that the City of San kafael and Marin County, its officers, agents and employees are additional insureds lereunder but only as respects liability arising out of the land and/or rropect anti/ edr Perkidescribed Structure -Garage COFSANR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Rafael ACCORDANCE WITH THE POLICY PROVISIONS. Dept of Public Works 111 Morphew St. AUTHORI2EDREPRESENTATrVE San Rafael, CA 94915 L& Cd� ACORD 25 (2010105) The ACORD name and logo are registered marks 2offACORD D CORPORATION. A!1 rights reserved. COMMERCIAL GENERAL LIABILITY CG 20 33 oT o4 THIS ENDORSE MENTCHANGES THE POLICY. PLEASE READ I CAREFULLY. This endorsement nnodifies insurance pr w►idEd urclarthe following: CONIVERCIAL GENERAL LIABILITY CC VE RA3 E PART A Section I I - Who is An Insured Is erne riled to 11- clude as an additional Insured any person or organization for whom you are performing opera- tions when you and such person o- organization have agreed In writing in a contractror agreenent that such person or wgani?attion be added as an additional insured on your policy. Such person or. organization is an adI ttonal insurec only wth rs- spect to liability for "bodily injury", "property dam- age" or 'personal aril advertising inju rye' cau seri, in whole or in part, by: 1. Your acts or cr nissivns; or 2. The acts or omissions of those acti nci on -your behaH; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional Insured under this endorsement ends arher your operations for that additional insured are con - plated. DC 20 33 07 04 B. Wt h esicect lathe insurance afforded to these ad- ditioral Insureds, the folowing addttionaf exdu- dons apply: This insu lance does notapplyto: 1 'Bcd iy Injury. 'property damage" or "personal WA advertising injury" arising out of the ren- dering Of. or the fakra to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approying, or failing to pre - Pam or approve, maps, shop drawings, opinions, reports, surveys, field orders, dxingc ordcre or dr awingo and opco ver tions; or L. Supervisory, inspection, architectural or engineering activties- 2 'Bcdiy ir4ury or'property damage' occurring aft or: AL Al work, Including materials, parts or equiPment furnished in connection with such work, ore the project (other than sav- lee, maintenance or repairs) to be per- formed try or on behalf of the addltbnaJ insured(s) at the location of the covered operatlons has t %n completed; or L- That portion of 'your worm out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor Cr subcordractor engaged in performing c>plaratians for a principal as ar part of the same project — POLICYNIJMBER: CPS1459364 COMMERCIAL GENEMIL LIA8111.117Y CG 24 D4 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement nx)dlfbs insurance Prcvded undgrthe follawhg: CONIVERCIAL GENERAJ. IJABLITY CCVERA3E PART PRODUCTS/COMPLETED OPERATIONS I-LAMU7YCOVE RAG E FAR -T SCHEDULE Name 01 Parson Or Orgenizatilon; ANY PERSON OR ORGANIZATION XjrE NEON Tqp INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY PROVIDE]} SUCH AGREEMEFT IS VADE IN WRZTING Asr: PRIOR TO THE LOSS. InforrrWilon required tO complete this Schedtill a, F, rxR 9 hown above, v011 be shown I rithe Declarations. The following Is added to Paragraph 8. Tfartsfer Di Rights Of Recovery Against Others To Lis of Section IV - Conditiors: We waive any right of recovery we may have agaiinsi the pmon or organiz-ation shown In the Sched-We above because of payments we make for injury or clarnage ansing Our or your OrVOIng operations or "your worm' done under a contract with that perscn or O%pnizatilon and inckAecl In the 'productS-costed operations hazard". This waiver applies un it to the person or organization shown in the Sciedu le -above. CG 2404 05 09 COWOV, Ir"Uta "m SeN ces offte I jr_, 2008 Pace 1 of I AGENT cg2404a,fap POLICYNUMBER: CPS1. 469 364 COMMERCIAL GENERAL LABILJTY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ` r s r This endorsament modifies Insurance pro=vided under the following: COMMERCIAL GENERAL LiABIL ITv COVERAGE PART �MA Designetted Constriction Pralso(s): ALL PROURCT AWAY FROM PREMISES 494NED OR RENTED 3Y YOU. information required to complete this Schedule, i riot shown above, Will to shown inthe Declarations. A For all sums which the insured becomes 1 obligated to obligated to pay as damages caused by y "ac G- Any payments made under Coverage A for Section l - Covera Coverage At1, and fora) damages or under Coverage C for medical renceai expenses caused by acccients envier Section I -Coverage G. which can tie a ttribn9d expenrtes shah reduce the Designated Con• stuctian Project General Aggregate limit for nniy to nrvoing opaaticne at a aingia docigm-bd tt ai designated con ruction protect. Such Construction project shown in tte Schedule above: F0°ynvo` to `hdl riot reduce the Gement! Ag - gregate Limit shclwn in the Declarations nor 1. A separate Designated Construction Project shat they reduce any other Designated Corr strt.lction Project General Aggregate Un it for General Aggregate Lirnitappllesto each der, igitated construction project, and that linit is any other designated construction project skmm In the Schedule above. equal to the arnourrt of the General Aggre- gate L1mft shown in the Declarations. 4. The limits shown in the Declarations for Each 2. The Designated Construction Project Genrarai Occurrence, Dams To Premises Rented To You and Medical Expense continue to apply. Aggregate Limit is the most we vrill pery for the sum of all damages under Coverage A, 1-13vever, instead of being subject to the General Aggregate Lfrnil shown in the IDeda- except damages because of *b 001F hluri"or Npr"rty damage" included in the 'pro- rations, such limits will be subject to the appiimbie Designates! Constructbn Project ducts-compied oloeretions hazard', and for Gsneral Aggregate Limit, medical expenses undar Coverage C regard- less of the numbw af: a. insureds, b. Claims made or "sins` brought or c. Persons or organizations rriaildrig claims or bringing "suits". GG 2503 05 D9 C+MY'rith. lf t Maar '5e( artS 0fi: e, Inc., GV08 AG13" IPage 1 of 2 092503--b. fap B. For all sums which the insured becomes legalyr G. abi igate d to pay as dar riages caused by "occur- rences" under Section i - Coverage A. and fcr all medical expenses caused by accident& under Section 1 - Coverage C, which canr<A t:® Orb- urted only to ongoing operations at a singe desig- nated construction project shoran in the 'ched>ule above: 1. Any payments made under tCrnerage A for damages or under Coverage C for medical D. expenses shall reduce the amount availatle under the General Aggregate Limit or the Products -Completed ©perations Aggregate I". whichever is appii cable; and 2. Such payments shawl nctt reduce any Desig- nated Construction Prcject Genera Aggre- gate trmit. E. 'Albert coverage for 1'erblity arising out of the 'products-compiatad operatbns hazard" is pro- vided, any paynertts for damages because of 'bcK!ly itjuW or 'property damage" Included in .he 'products -coned operations hazard" vvgl •edLc:e the Products -completed Operations lkgg•egata Limit, and not reduce the General Ag- jregaie Unit nor the Designated Construction Projact General Aggregate Limit. if the applicable designated construction project has been abandoned, delayed, or abarwJoned 3rd Men restarted or if the authorized contract - ng parties deviate from plans, blueprints, de- signs. specifications or thietables, the project MI still be deemed to be the same amstruction Pro'jd- rhe prorrisions of Section 01 - Limits Of i nsurance not atierwise rnociffred by this endorsement shall continue to apply asstipulated. 0 -A, SCOTTSDALE INSURANCE CCMPt1N)(0 ENDORSEMENT NO. ATTACHED 70 ANO FOF1dII14G A FART OF END4W:93EWENFI EFFECTIVE DATE MUCYINUMBER (12:01 AN. STANEW40 TIME) NAMED NSURED A&ENT NO. CPS1469364 11/1812011 D C SLEC7RLC 04058 THIS ENDORSEMENT CHANGES TF -#E POLI CY.PLEASE READ IT CAREFULLY. ADDMONA L INS URED - OWNE RS, LESSEES GIR CONTRACTORS SPECIAL CONDITION If any of the endorsements below are attached to this pd icy, coverage provided by the additional insured endorsement is amended to be aftcrded on z primary, nomcntribwo-y or prin-ary and noncontributory basis when and as agreed toirimmWng in a contract or agreemart between you and the add lUonal Insured. Additional Insured- Owners, Lessees Cir Gcnlradors - Scheduled Person OrOrgarizalbn (CG 2010) Additional Insured- State Or POINC31 Subdivisions -Permits CCG20 12) Additional Insured - Dwiners, Lessees Or Contractors -Automatic Status When Recluired In Construc- tion Agreement With You (CG 20 32) Additional Insured- Owners, VesseesOr Ccrivamors-CoInpleted Operations (CG 2037) Other: (Specify title and form number') fiLTH0::UZW REPMM"TATNE 2-M GLS -29% ?-Ge) FaGe I of 1 ACE WI g!829sq. faP f Western PERFORMANCE BOND Bond Number; 71342081 KNOW ALL PERSONS BY THESE PRESENTS, That we Don aramaqnn dba DC Electric 640 W. School St. Cotati CA 94931 or referred to as the Principal, and WesternSuret Company hereinafter as Surety, are held and firmly bound unto Cit of san Rafael ' of referred to as the Obligee, in the sum of Sevent Three Thousand fter Ei ht Hundred One and 0 here[nareins Dollars ($ ? 3, 8 01. o o 0/100 ), for the payment of which we bind ourselves, our legal re and assigns, jointly and severally, firmly by these presents, pCesentattv+es, successors WHEREAS, Principal has entered into a contract with Obligee, dated the 15th day of ctob r 20? 2 ,for' 11205 NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnity and save harmless the Obilgee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise It shalt remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction In the location In which the work or part of the work is located and shall be instituted within tiro years after Contractor Defiault or within two years after the Contractor ceased working or within two emafter e Surety Paragraph are void or prohibited by taw, the minimum period of (Imitation refusor fails to perform its obligations under this Bond, whichever occ es urs first. if the provisions of this Jurisdiction of the suit shall be applicable, available to sureties as a defense in the NO RIGH" OF ACTION shalt accrue on this Bond to or for the use of any person or oorporallon other than the Obligee named herein or the heirs, executors, administrator$ or successors of the Obligee. SIGNED, SEALED AND DATED this _2n d clay of November 2012 f;%,, ?3l Don Caramagno dba DC Electric _..a Princlpaq BY (Seaq W-LIV12 Westem Surety Company PAYMENT BOND Bond Number. 71342081 KNOW ALL PERSONS BY THESE PRESENTS, That we Don 640 W. School St., Cotati- CA 94931 Of referred to as the Principal, and Com an hereinafter as Surety, are held and firmly bound unto city of San Rafaei I of 111 Morrffiew Gt.. San 12afa t, C -B 9491.5 hereinafter referred to as the Obliges, in the sum of -s-e-Venty-Tireh Dollars ($73,801. 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, JoInily and severalty, firmly by these presents. WHEREAS, Principal has entered Into a OOntrect with Obligee, dated15thday of Octal ex - 2012 ,for Parkina S No. 11205 copy of which oontraot Is by reference made a part hereof. NOW, THEREFORE, V Principal shall, in accordance with applicable Statutes, promptly make payment to all Persons Supplying labor and material In the Prosecution of the work provided for in Id contract, a any and all duty authorized modifications of said contract that may hereafter be rOv ded Sa 00 , nd made, notice of whfoh modifications to Surety being waived, then this obligation to be void; Otherwise to remain In full force and effect. No suit or action shall be commenced hereunder (a) 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. (b) 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. The amount of this bond shall be reduced by and to the extent Of any payment or payments made in good fah hereunder. SIGNED, SEALED AND DATED this ----2-rLd— day of November 2012 Qon Qaramag&o./d):% DC Electric (P�ncipal) %f (Seal West BY DOUO2. re indley -j�mey4�rl Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA es COUNTY OF Placer On date before me, aterIU6tA, here insert name and tl * oftBe officer Personally appeared Dau las Andrew Lindle nams(s) of siQnm {a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ia/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iss), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IIAMa.I p>1NoldtuR WITNESS m hand and ficial seal, ;ro�ti�:i�iuro�wr► y t Signature (Seal) (The balance of this page is intentionally left blank.) western Swety compow Form i9oo-1-2oo8 ����%rJY/%r�!r^.T.'✓%rrF�'rJ/,rrirl',."'-✓'%O�, s":rrr`.,-,�z��rr�^::rrrrrrr� r',v`�,✓�r..rY�Mr<r-'rr�,riras..rr�ssr,�,�tirryrrr� .. �o�nrr,.�r,,,:r� �F... aria ,..�,.�.:--.sa.�,.... ,arres ,,:sn..�i,...,�.. ,.r,..�.,r...-,- o,,.�,,.:�,�.Wo ,.,,.r.,�..�.,.,.,,.-.,.:,.�..�..,..,,,,�..�,,,,,.,,,,.,,�, a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofOn yffi•` ` " 1 i Dae personally appeared CML coo! 3 1189 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/sherr*er executed the same in _ his/hentheir` authorized capacity(4,*, and that by tiu N L.()NG his/hertttreir signature(s) on the instrument the :mission # 1677666 Z person(s), or the entity upon behalf of which the wim Pub" - Galitornia ? person(s) acted, executed the instrument. Marin Gouty �K COMM. Ex fres Jan 22.2014 r.vv 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: Place Notary Seal Above gnature 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 ocu ent ,, Title or Type of Document: "e Document Date: 9t_f r N Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): Individual Partner — Limited General Tap of thumb here Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: E Signer's Name: Corporate Officer — Title(s): Individual • Partner — Limited Generalrap or thumb here Attorney in Fact Trustee Guardian or Conservator { Other: Signer Is Representing: f I 0 2410 National Notary Association • Natlona7Notary.org • 1 -800 -US NOTARY (1-844-876-6827) Item 05947 ,.�.u..,,.,.,,,� ,,,,,.�,.:�.,,,,.e.�... F�,?;..,�..-��o.,�ioo..�+ ras�cro-.e-rrnm,,a�:nar,�;rzao ,��:v�avro�....vz„, sisaNi,,,..rrr ic,;,".�vrr .rmrr✓O,✓,'�,r/011ie/r/�arrrarl,��r,✓�I��iy. yi�?r„^;/mis�ii,✓�.'iii/'f.�✓?�✓.Y�-.�!mc�;%�i%,'/D/ii7�'i/�.": �✓,�/��/Of°':s-i,�.»��'/��i7///r�,���=(�i��,.Aa"�s"%%///T�ll,--./D�IZi CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3. h DATE OF MEETING: October 15, 2012 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: October 9, 2012 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE PARKING STRUCTURE -GARAGE LIGHTING REPLACEMENT PROJECT, CITY PROJECT NO. 11205, TO DC ELECTRIC IN THE AMOUNT OF $73-,7 `. 0. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) 21122-06AWN Cli' City Attorney (signature) PROFESSIONAL COMPLETIO /CONTRACT 'ING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion -Department Date I City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed origiials from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement,; bonds, and insurance certificates and endorsements. 5 City Manager /Mayor or Agreement executed by Council authorized De artment Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the f �J— contmctin depaqment. To be completed by Contracting Department: /-J Project Manager: Project Name: Agendized for City Council Meeting if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.