HomeMy WebLinkAboutPW City Hall Switchgear Replacement Project____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-1-727A
Council Meeting: 08-20-2018
Disposition: Resolution No. 14560
Agenda Item No: 4.b
Meeting Date: August 20, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: ________
File No.: 06.01.229
TOPIC: CITY HALL SWITCHGEAR REPLACEMENT PROJECT
SUBJECT: RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION AGREEMENT TO CES CORP. DBA CAL
ELITE BUILDERS FOR THE CITY HALL SWITCHGEAR REPLACEMENT
PROJECT, IN THE AMOUNT OF $489,990; AND AUTHORIZING
CONTINGENCY FUNDS IN THE AMOUNT OF $50,010 FOR A TOTAL
APPROPRIATED AMOUNT OF $540,000.
RECOMMENDATION: Adopt the resolution.
BACKGROUND: San Rafael City Hall was constructed in the 1960s, at which time the
electrical switch gear was built into the basement of the building. The switchgear is an electrical
panel that splits the main power into separate subpanels to distribute electricity throughout the
building. At 50+ years old, the electrical switchgear is past its usable life and in need of
replacement. In addition, the existing PG&E transformer and electrical service to City Hall does
not comply with current PG&E standards and will need to be upgraded and relocated as part of
this project. The City plans to install solar panels at City Hall. Bringing the electrical switchgear
systems up to date is necessary prior to connecting in the new solar panel system.
The switchgear replacement was initially included as a project that could be funded as part of a
California Energy Commission (CEC) loan. As the design was initiated and staff discussed this
project with PG&E representatives, it was discovered that the switchgear replacement did not
provide a significant energy savings payback and was not included in the final list of projects
paid for through the loan program. Other projects, such as LED Street Light replacements,
made better use of the CEC loan because they have a much shorter payback period. The CEC
loan program was approved by the City Council in November 2016 and the work associated
with replacing the City street lights is almost complete.
In 2017 the City procured services from ME Engineers to design the new switchgear system,
which is to be located outside the building envelope on a new concrete pad adjacent to the
upper parking lot. ME Engineers completed their design in the spring of 2018 and on July 2,
2018 the project was publicly advertised in accordance with San Rafael’s Municipal Code.
ANALYSIS:
On August 2, 2018 the following bids were received:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Bidder Amount Bid
CES Corp, DBA Cal Elite Builders $489,990.00
Clyde G Stegal, Inc. $515,226.00
Mike Brown Electric $747,000.00
CWS Construction Group $779,996.95
There is an irregularity with the low bid of $489,990 from CES Corp, DBA Cal Elite Builders,
because the low bidder signed and submitted a required affidavit attesting that the bidder did
not collude with anyone in procuring the bid or to gain an advantage over other bidders;
however, he failed to have the affidavit notarized as required by the bid documents. (The low
bidder has since had the document notarized.) Staff believes that this bid discrepancy should
be considered to be inconsequential because it does not affect the amount of the bid or give the
bidder an advantage over other bidders, nor does it provide a potential vehicle for favoritism, or
influence potential bidders to refrain from bidding, or affect the City’s ability to make bid
comparisons. Public Works staff has determined that the low bid from CES Corp, DBA Cal Elite
Builders is in all other respects both responsive and responsible. Therefore, Staff recommends
that the City Council waive this irregularity and award the construction contract to the low bidder
CES Corp, DBA Cal Elite Builders.
Staff recommends awarding the construction contract to CES Corp, DBA Cal Elite Builders for
the amount bid and recommends that the City Council authorize a construction contingency for
the project in an amount of $50,010 for a total authorized amount of $540,000.
FISCAL IMPACT: The referenced City Hall Switchgear Replacement Project was listed in the
City’s 2016/17 Capital Improvement Program (CIP) as well as noted as an active project in the
2018/18 CIP, with a budget of $460,000, supported by the Building Fund no. 603. The
difference between the CIP budget and the low bid is due to a change made to the project
during the course of the design. The location of the PG&E tie-in, which is the connection to
PG&E’s main line system on the roadway was changed resulting in more trenching. In addition,
staff continues to see an increase in construction costs.
Since the existing switchgear is obsolete and potentially a safety problem, staff recommends
appropriating $540,000.00 from the Building Fund (fund no. 603) for this project. The Building
Fund (fund no. 603) has sufficient resources to fund the switchgear project.
OPTIONS:
The City Council has the following options to consider relating to this matter:
1. Adopt the resolution as presented.
2. Reject all bids and direct staff to rebid the construction for this project. If this option is
chosen, soliciting new proposals or rebidding the project will delay construction.
3. Reject all bids and direct staff to stop work on the project.
RECOMMENDED ACTION: Staff recommends that the City Council adopt a resolution
awarding and authorizing the City Manager to execute the construction agreement for the City
Hall Switchgear Replacement and PG&E Upgrades Project No. 11304 to CES Corp, DBA Cal
Elite Builders, in an amount of $489,990.00 and authorizing contingency funds in the amount of
$50,010.00, for a total amount not to exceed $540,000.00.
ATTACHMENTS:
1. Resolution
2. Exhibit 1 to resolution: Agreement
RESOLUTION NO. 14560
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AWARDING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONSTRUCTION AGREEMENT TO CES CORP. DBA
CAL ELITE BUILDERS FOR THE CITY HALL SWITCHGEAR REPLACEMENT PROJECT, IN
THE AMOUNT OF $489,990; AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT
OF $50,010 FOR A TOTAL APPROPRIATED AMOUNT OF $540,000.
WHEREAS, on the 6th day of July 2018, 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:
“City Hall Switchgear Replacement and PG&E Upgrades”
City Project No. 11304
in accordance with the plans and specifications therefore on file in the Department of Public Works, 111
Morphew Street, San Rafael; and
WHEREAS, the bid of $489,990.00 from CES Corp. DBA Cal Elite Builders, 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; and
WHEREAS, the Council finds that the lack of a notarization on the signed Non-Collusion
Affidavit submitted with the bid from CES Corp. DBA Cal Elite Builders is an inconsequential
irregularity and should be waived, because it does not affect the amount of the bid or give the bidder an
advantage over other bidders, nor does it provide a potential vehicle for favoritism, or influence potential
bidders to refrain from bidding, or affect the City’s ability to make bid comparisons; and
WHEREAS, staff has recommended that the project budget include a contingency amount of
$50,010.00; and
WHEREAS, the Council finds that this project is for the replacement of existing electrical
switchgear equipment at the San Rafael City Hall that is categorically exempt from environmental review
under the California Environmental Quality Act (“CEQA”, 14 Cal Code Regs §15301;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1.The plans and specifications for the City Hall Switchgear Replacement and PG&E
Upgrades, City Project No.11304, on file in the Department of Public Works, 111
Morphew Street, San Rafael, are hereby approved.
2.The bid of CES Corp. DBA Cal Elite Builders is hereby accepted at the unit prices stated
in its bid, and the contract for said work and improvements is hereby awarded to CES
Corp. DBA Cal Elite Builders at the stated unit prices.
3.The City Manager is authorized and directed to execute a contract with CES Corp. DBA
Cal Elite Builders for the bid amount, in the form attached hereto as Exhibit 1 and
incorporated herein, subject to final approval as to form by the City Attorney, and to
return the bidder’s bond upon the execution of the contract.
4.Funds for the project totaling $540,000, which includes the construction award amount
and contingency, will be appropriated for City Project No. 11304, from the Building
Replacement Fund #603.
5.The City Manager is hereby authorized to take any and all such actions and make
changes as may be necessary to accomplish the purpose of this resolution.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held
on Monday, the 20th day of August, 2018 by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
File No.: 06.01.229
City of San Rafael ♦ California
Form of Agreement
for
City Hall Switchgear Replacement and PG&E Upgrades
This Agreement is made and entered into this TQ_ day of ANRvA5-Y 2018 by and between the City of San Rafael
(hereinafter called City) and CES Corp. DBA Cal Elite Builders (hereinafter called Contractor). Witnesseth,
that the City and the Contractor, for the considerations hereinafter named, agree as follows:
1- Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to
perform all of the work described in the specifications for the project entitled: City Hall Switchgear Replacement
and PG&E Upgrades 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 required additional insured coverage
for City under contractor's liability insurance policy shall be primary with respect to any insurance or coverage
maintained by city and shall not call upon city's insurance or self-insurance for any contribution.
II- Time of Completion
(a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date
of written notice by the City to the Contractor to proceed.
(b) All work shall be completed, including all punchlist work, within Sixty (60) Working Days and with such
extensions of time as are provided for in the General Provisions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of working
days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and
extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by
reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,900 for each and
every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the
Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the
amount thereof from any moneys due or that may become due the Contractor under the contract.
1V - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number
of each of the units of work in the following schedule completed at the unit price stated. The number of units contained
in this schedule is approximate only, and the final payment shall be made for the actual number of units that are
incorporated in or made necessary by the work covered by the Contract; .
ITEM DESCRIPTION
1 Mobilization (3% Maximum of Base
Bid)
2. Clearing and Grubbing
3. Excavation and Backfill
5. Minor Concrete
a. Concrete Paving
b. Concrete Pad
ESTIMATEI
UNIT
UNIT
TOTAL
QUANTITY
PRICE
PRICE
1
LS
@
17,000.00
= 17,000.00
1
LS
@
20,000.00
= 20,000.00
275
CY
@
160.00
= 44,000.00
380
SF
@
60.00
= 22,800.00
640
SF
@
75.00
48,000.00
r fe wy r-
ITEM
DESCRIPTION
ESTIMATEI
UNIT
UNIT
TOTAL
QUANTITY
PRICE
PRICE
5.
Concrete Retaining Wall
50
CY
@
980.00
= 49,000.00
7.
Black Clad Chain Link Fence
70
LF
@
150.00
= 10,500.00
8.
Electrical
1
LS
@
278,690.00
= 278,690.00
BASE BID $ $489.990.00
Four hundred_ Eighty Nine Thousand Nine hundred Ninety dollars and 0/100
(BASE BID WRITTEN IN WORDS)
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 provision s of Section 22300 of the Public Contract Code. Such
securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on
valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within
5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully
performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required
by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire
balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the
City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls,
material bills, and other indebtedness connected with work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the
City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not
already been guaranteed by surety bond.
(c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before
the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than
those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after
final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a
waiver of all claims by the Contractor, except those previously made and still unsettled.
(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.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this
Agreement the day and year first written above.
CITY OF SAN RAFAEL:
Jim Sc utz
City Malhagerj
ATTEST:
Lindsay Lara
City Clerk
APPROVED AS TO FORM:
Robert F. Epstein
City Attorney
File No.: 18.06.59
CES Corp. DBA Cal Elite Builders
By:
Printede: C l ie A. Lapurga
Title of rp e Officer: Pres ident
CES Corp. DBA Cal Elite Builders
By:
Print me Evangeline P. Lapurga
Title f Co rate Officer: Secretary
PHILADELPHIA
INSURANCE COMPANIES Executed in Triplicate
A Member of the'fokio D-larine Group
Bond Number: CE 11510701359
Premium: $34,299.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That, CESCORP dba Cal Elite Builders as Principal, hereinafter called
Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY, as Surety, hereinafter called Surety, are held and
firmly bound unto City of San Rafael as Obligee, hereinafter called Owner, in the amount of Four Hundred Eighty-nine
Thousand. Nine Hundred Ninety and no cents DOLLARS ($489,990.00), 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 entered into a contract with Owner for
City Hall Switchgear Replacement and PG&E Upgrades
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal 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, Principal shall be, and declared by 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
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 f ods to pqv the cost of completion less the balance of the
contract price; including other costs and damages for which the Surety may be liable hereunder, but not exceeding the
amort set forth in the first paragraph hereof. The term "balance of the contract price" as used in the paragraph,
shall mean the total amount pavable by the Owner to the Contractor under the Contract and anY amendments thereto,
less the amount properly paid by Owner to Contactor.
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, SEALED, DATED: September 18, 2018
CESCORP dba Cal Elite Builders Philadel raneeany
(Principal) urety)
By: By:
Steven A. Swartz, Attorney in Fact
DIRECT CORRESPONDENCE TO:
Philadelphia Indemnity Insurance Company - One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004
PHONE (626) 639-1321
Performance Bond -- 11-09
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
S.S.
On September 18 2018 before me, Bethany Johnson, Notary Public
Name of Notary Public, Titl,
personally appeared Steven A. Swartz
linnar 111
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(x)
isPAPO subscribed to the within instrument and acknowledged to me that he/S[WM.Y executed
the same in his/XMMIKW, authorized capacity(*X), and that by his/ ?SKW signature(]K) on the
instrument the person(K), or the entity upon behalf of which the person(X) 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.
WANE an d official
signature
Although the information in his section is not
this acknowledgment to an unauthorize docs
Description of Attach d Docummmnt
BETHANY JOHNSON
T Notary Public - CaliforniaIL
' y4{ Orange County
Commission N 2207129
MY Comm. Expires Jul 27, 2021
Seal
by law, it could prevent fraudulent removal and reattachment of
J may prove useful to persons relying on the attached document.
The preceding Certificate of Acknowledgment i attached to a
document titled/for the purpose of CE11 0701359
Performance Bond - CESCORP dba Cal Elite - City of San Rafael
containing 1 pageX, and dated September 18, 2018 .
The signer(s) capacity or authority is/are as:
❑ Individual(s)
® Attorney-in-fact
❑ Corporate Officer(s)
❑ Guardian?Conservator
❑ Partner - Limited?General
❑ Trustee(s)
❑ Other:
representing: Philadelphia Indemnity Insurance Company
Name(s) of Person(s) Entity(ies) Signer is Represent no
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
❑ form(s) of identification ❑ credible vAtness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
Fl
v 2009-2015 Notary Learning Center - All Rights Reserved Yoi . chase copies of this form from our web site at www.TheNotarysStore.com
11767
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht, Nicki Swartz, Michael Herranen
and Thomas C. Buckner of South Coast Surety its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances
and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to
exceed $25,000.000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 2711 DAY OF OCTOBER, 2017.
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
COMMONWEALTH OF PENNSYLVANU
NOTARIAL SEAL
rn
Notary Public:
Lein Pft a -TM MonlAp-- Ce My
MTC--..E,Pi— 6.01 75.2021
VLM lVgn OIF01
residing at:
Bala Cymwd. PA
(Notary Seal)
My commission expires:
Seotember 25.2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 270' day of October, 2017 are true and correct and are still in full force and effect. I do further certify
that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY. 4,
n
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of ��Y�J �7� 20
1 927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
i..
PHILADELPHIA
INSURANCE COMPANIES
KNOW ALL MEN BY THESE PRESENTS:
Bond Executed in Triplicate
MAINTENANCE BOND
Bond Number: CE11510701359
THAT, CESCORP dba Cal Elite Builders as Principal and Philadelphia Indemnity Insurance Company a Corporation
duly, authorized to transact general surety business in the State of as Surety, are held and firmly bound unto
City of San Rafael for the sum of Two Hundred Forty-four Thousand, Nine Hundred Ninety-five and no cents
Dollars ($244,995.00 ),lawful money of the United States, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION 1S SUCH THAT:
WHEREAS, the Principal entered into a written contract dated with the Obligee for City Hall Switchgear Replacement
and PG&E Upgrades and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee
against the result of faulty material or workmanship for a period of one year from and after the date of acceptance of said work;
NOW, THEREFORE, if the said Principal shall for a period of one year from and after the date of acceptance of said work, replace any and all
defects arising in said work; whether resulting from defective materials or defective workmanship, then the above obligation to be void;
otherwise, to remain in full force and effect.
SIGNED, SEALED AND DATED this 18th day of September 2018
CESCORP dba Cal Elite Builders
Principal
By:
Philadelphia Indemnity Insurance Company
Surety
By:
Steven A. Swartz Attorney -in -Fact
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
S.S.
On September 18, 2018 before me, Bethany Johnson, Notary Public ,
Name of Notary Public, Title
personally appeared Steven A. Swartz
Ne iqner (1)
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a)
is/ADO subscribed to the within instrument and acknowledged to me that he/sWW executed
the same in hisIMMA , authorized capacity(M), and that by his/,AgKW signature(jK) on the
instrument the person(K), or the entity upon behalf of which the person(x) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is BETHANY JOHNSON
trutt:51;4
d ct�, NotaryPublic- California z
Orange County >
seal. iii"j Commission It 2207129
My Comm, Expires Jul 27,202 1
� )
Although the information
this acknowledgment to
Description of Attachll
The preceding Certificated
document titled/for the purp
Docu
OP NAL NFORMATION '
is not requi d by w, it could prevent fraudulent removal and reattachment of
document d m� y prove useful to persons relying on the attached document.
is attAched to a
Maintenance Bond - CESCORP dba Cal Elite - City of San Rafael
containing 1 page;, and dated September 18. 2018 .
The signer(s) capacity or authority is/are as:
❑ Individual(s)
® Attorney-in-fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner -Limited General
❑ Trustee(s)
❑ Other:
representing: Philadelphia Indemnity Insurance Company
st of Parson(s) Entity(ie is Repre::i
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
❑ form(s) of identification ❑ credible witnesses)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
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11771
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht. Nicki Swartz. Michael Herranen
and Thomas C. Buckner of South Coast Surety its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances
and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to
exceed $25,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attomcy(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 271" DAY OF OCTOBER, 2017.
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27'1' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
COMMON EALTH OFFTNNS"MM
NOTARWLSEAL
AbIOwlfnApp.N00ry Puo4c
Notary
Nota Public:
Lowe Mt,—lwp..MonlpomFry LaYNY
MYCommi—EX00.1 Sept 25.2021
•••••••• •••••••• ••••••_•••••— -••-.
1FM fVgRYu� OIAp1M
residing at:
Bala Cynwyd. PA
(Notary Seal)
My commission expires:
September 25, 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27'h day of October, 2017 are true and correct and are still in full force and effect. I do further certify
that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this/ day off
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
PHILADELPHIA
INSURANCis COMPANiI?S
Bond Number:
CE11510701359
BOND RIDER
o be auached to and fonn a pan of Payment Bund. issued h} the undersigned companN, as SUrelt on behull of CII III, dhu
( at Elite Iluihters as Principal, in favor of City of San Rafael at Ohltgee.
I (tcettte September 18, 21118. the Principal and the Surer} hcrcb} agree to ,upend the attached bunt) as allot%~
Philadelphia Indemnity Insurance Agency, as surety waives notice of modifications of the contract.
The payment hand to include the folloising language:
(b)'I'he pt ment bond shall provide that if the direct contractor or a subcontractor taiLs to paN am of the
foflo%ing. the surety -.% ill pay the obligation and, if an action is brought to enforce the liability on the
bond, a reasonable attorney s fee, to be fixed by the court:
(1) A person authorized under Section 91W to asserta claim against a payment bond.
(2) Amounts due under the Unemployment Insurance Code %%ith respect to %%ork or labor perl'ormed
pursuant to the public works contract.
(3) amounts required to Ix- deducted. «tthheld, and paid o%er to the EmploN ment Development
Department from the wages ofemployees of the contractor and subcontractors under Section 13020 of the
Unemployment Insurance Code %%ith respect to the work and labor.
(c) IIx- payment bond shall be conditioned for the payment in full of the claims of all claimants and b% its
terms inure to the benefit of am person authorized under Section 9100 to assert a claim against a paNnnent
bond so as to gae a right of action to that person or that person s assigns in an action to enforce the
liabdith on the bond
VI LIsL remains the sane.
Provided that the liability under this endorsement shall be pan oL and not to addition to. the liabilu} under the attached Bond,
and in no etent shall be cumulatitc
\othiaL herein contained shall tar}. alter or extend any of the provisions. condition;. or other tonus of this hond CM Cpt ati allot L
stated.
SIGNE1). SFALED, DAA 1 1) October 9. 201
CLS ORP—dha('at lilt-Buililm Philadelphia IndegurI It urwnre- :om tuns
(Principal! t tnt)1
tite%cn A. Swart/. Al ut et In I aLt
R%
( its nfSnn 142fel
(Obhgce)
DIRECT CORRESPONDENCE TO
Philadelphia Indemnity Insurance Companies 251 S Lake Avenue. 3" FL Pasadena CA 91101
PHONE (626) 639 1321
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange S.S.
On October 9, 2018 before me, Bethany Johnson, Notary Public
personally appeared
Steven A Swartz
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(a)
ishemsubscribed to the within instrument and acknowledged to me that heh®beid#tay executed
the same in hisftr6tW& authorized capacity(ies), and that by hisJSbawt eix 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: „ BETHANY JOHNSON
Hotly llubiic - Grhfulnm
true and correct. ; .,'r anyrCourdy
1 . shy Curnmiwon n 2201129
WiT�+I SS my hand and officio eal� �' MyConsm.ExpilesJill2/,2021
uvr• fn vo« , , . "i,, :v ". ,�c',� fir,}J, II/ i. r„i]L' di 1:1 LI it'U I,: Li,'i i_/ii
Description of Attached Documbnt
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of
Rider#CE 11510701359
containing 1 pages, and dated October 9, 2018
The signer(s) capacity or authority is/are as:
L Individual(s)
® Attorney -m -fact
Corporate Officer(s)
r
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trusteets)
❑ Other
representing: Philadelphia Indemnity Insurance Company
Method of Signer Identification
Proved to me on the basis of satisfactory evidence
❑ form(s) of identification L credible witness(es)
Notarial event is detailed In notary ;ournal on
PageC Entry #
Notary contact
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
,;II'.:I:'>i-:.__n_. 1• ,h .d .....v -,1 err, .,'n
11814
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004.0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz. Kelly Sneeht, Nleld Swartz Michael Herranen
and Thomas C. Buckner of South Coast Surety its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances
and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to
exceed y'2�5,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14° of November, 2016
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27nt DAY OF OCTOBER, 2017.
+l .,
y. 1927 . r
(Seal) ......
Robert D. O'Leary Jr., President dt CEO
Philadelphia Indemnity Insurance Company
On this 27° day of October, 2017, before me came the individual wtto executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY, that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
;W,
=P.kNotary Public:
residing at:
(Notary Seal)
My commission expires:
1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27m day of October, 2017 are true and correct and are still in full force and effect- I do further certify
that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 day of 00&0&✓ .20116
l , :
1927 =
Edward Sayago, Corporate Secretary
'.
?
PHILADELPHIA INDEMNITY INSURANCE COMPANY
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: DPW
Project Manager: Kevin McGowan
Extension: 3389
Contractor Name: CES Corp. DBA Cal Elite Builders
Contractor's Contact: Evangeline Laphrga
Contact's Email: Breancalelitebuilders.net
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) & attachments to City
8/10/2018
Atty c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
8/13/2018
® LG
and return to Project Manager
8/15/2018
® LG
b. Confirm insurance requirements, create Job on
Project Manager
PINS, send PINS insurance notice to contractor
3
Forward three (3) originals of final agreement to
Click here to
contractor for their signature
enter a date
4
Project Manager
When necessary, * contractor -signed agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
8/20/2018
Date of Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
8/28/18
Attorney with printed copy of this routing form
C, I -7 I I
6
City Attorney
Review and approve hard copy of signed
agreement
qr /
7
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
Agreement executed by Council authorized official
Attest signatures, retains original agreement and
8
City Manager/ Mayor
lJ�
9
City Clerk
forwards copies to Project Manager