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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) G 2009-2015 Notary Learning Center - All Rights Reserved You can purchas. )m our web site at www.TheNotarysStore.coni 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