HomeMy WebLinkAboutPW 4th Street Tivoli Lighting ProjectNovember 13, 2019 File No.: 16.01.295
Sent via email
Tatyana Timoschuk
Vitality Construction, Inc.
271 Opportunity St. Suite B.
Sacramento, CA 95838
tatyana@vital ity-construction. corn
Re: NOTICE OF AWARD
4'h STREET TIVOLI LIGHTING PROJECT
Dear Ms. Timoschuk:
I am pleased to inform you of the intent to recommend that the City Council or its authorized designee
award the Contract for the above -referenced Project ("Project") to Vitality Construction, Inc. ("Contractor")
for the Contract Price of $98,670, based on Contractor's Bid Proposal submitted on November 6, 2019.
A copy of the Contract accompanies this Notice. Contractor must execute three copies of the enclosed
Contract and return the wet -inked copies to the address below, accompanied by the required Payment Bond,
Performance Bond, and insurance certificates and endorsements, no later than ten days from the date of this
Notice of Award, above. Please do not fill-in the date on Page 1, Item 1.
City of San Rafael DPW
Attn: Shawn Graf
1 11 Morphew Street
San Rafael, CA 94915-1560
Failure to execute and return the enclosed Contract and required bonds and insurance documentation within
the specified time could result in forfeiture of Contractor's bid security. This Notice of Award does not
bind the City to award the Contract. The City, acting through its City Council or authorized designee,
reserves the right to reject any or all bids, and the right to decline to award the Contract, notwithstanding
any staff recommendation.
Please acknowledge receipt of this Notice of Award by signing the attached Acknowledgement of Notice
of Award, as indicated, and transmitting the Acknowledgement to my office via email at:
shawn.graf@cityofsanrafael.org. Please feel free to contact me if you have any questions in this regard.
Respectfully,
i
Shawn Graf, EIT, LS1T
Junior Engineer
Cc: Bill Guerin, Director of Public Works, City of San Rafael
Hunter Young, City Engineer/Assistant Director of Public Works, City of San Rafael
Enclosure
Gary O. Phillips, Mayor - Andrew Cuyugan McCullough, Vice Mayor - Kate Colin, Councilmember - Maribeth Bushey, Councilmember - John Gamblin, Councilmember
CITY OF SAN RAFAEL
Department of Public Works
111 Morphew Avenue
San Rafael, CA 94901
Public Works Contract for Projects up to $175,000
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
` ��''�A``}`� (' fix ova/ � v<� > ("Contractor'), a C O'�VLC�-0 0l� <insert type of
buss ess entity>, for work on the City's 41h Street Tivoli Lighting Project ("Project"), and is effective on
03 0 M" ("Effective Date").
7-o7-0�A,
The parties agree as follows:
1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies,
transportation, and any and all other items or services necessary to perform and complete the work
required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms
and conditions of this Contract, including all attachments to the Contract and any other documents and
statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or
are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. This
Project requires a valid California contractor's license for the following classification(s): A or C-10
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below:
2.1 Notice Inviting Bids;
2.2 Contract;
2.3 Addenda, if any;
2.4 Exhibit A — Scope of Work;
2.5 Exhibit B — Payment, Performance, and Bid Bonds;
2.6 Exhibit C — Noncollusion Declaration;
2.7 Exhibit D — Bid Schedule;
2.8 Exhibit E — Subcontractor List.
3. Contract Price. As full and complete compensation for Contractor's timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay
Contractor $q $ , y7 U, oG (the "Contract Price") for all of Contractor's direct and indirect costs
to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all
overhead costs, in accordance with the payment provisions contained herein.
3.1 Payment. Contractor must submit an invoice on the first day of each month during the
Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the
preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor
warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of
any claims, liens, or encumbrances upon payment to Contractor.
3.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor
must provide City with a payment bond and a performance bond using the bond forms included in this
Contract as Exhibit B, Bond Forms, and submit the bonds with the executed Contract. Each bond must
be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent,
Contractor must provide a substitute bond from a surety acceptable to City within seven days after written
notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may,
4'h Street Tivoli Lighting Project Up to $175,000 Contract
Page 1
Approved by City Attorney, dated 10/16/2019
in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's
expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.
4. Time for Completion. Contractor will fully complete the Work within 15 days from the date the
City authorizes Contractor to proceed with the Work ("Contract Time").
5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay
in completion.
6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at
Contractor's sole expense, any Work that the City determines is deficient or defective.
7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the
term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
required California contractor's license and a City business license.
8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses,
and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions
with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or
willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount
or type of damages or compensation payable under Workers' Compensation or other employee benefit
acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract.
City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201.
9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
required in this section to cover the activities of Contractor and any subcontractors relating to or arising
from performance of the Work. Each policy must be issued by a company licensed to do business in
California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor
must provide City with certificates of insurance and required endorsements as evidence of coverage with
the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon
request by the City, and before the City authorizes Contractor to proceed with the Work.
9.1 Workers' Compensation. Statutory coverage is required by the California Workers'
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis,
including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in
performing the Work, including Contractor's protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer's non -ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired
vehicles must provide coverage of at least $2,000,000 combined single limit per accident for bodily injury,
death, or property damage.
9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City's insurers.
4'h Street Tivoli Lighting Project
Up to $175,000 Contract
Approved by City Attomey, dated 10/16/2019 Page 2
9.5 Required Endorsements. The CGL policy and the automotive liability policy must include
the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, "Additional Insured") must be named as an additional insured for
all liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
(2) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss ("primary and non-contributory").
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City's own insurance or self-insurance will be called upon to protect it as a
named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers' compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a
legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum
of $25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or
authorized in writing by City.
10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records
in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations.
QU CCI I won Ligntmg rroject Up to $175,000 Contract
Page 3
Approved by City Attomey, dated 10/16/2019
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which
require every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the Work on this Contract."
12. Termination.
12.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice;
comply with City's instructions to protect the completed Work and materials; and use its best efforts to
minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for
damages, including for loss of anticipated profits from the Project. If City terminates the Contract for
convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract
termination, as well as five percent of the total value of the Work performed as of the date of notice of
termination or five percent of the value of the Work yet to be completed, whichever is less, which is
deemed to cover all overhead and profit to date.
12.2 Termination for Default. The City may terminate this Contract for cause for any material
default. Contractor may be deemed in default for a material breach of or inability to perform the Contract,
including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment
to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees,
subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules,
or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the
Work within the Contract Time; or responsibility for any other material breach of the Contract
requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the
dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are
incorporated by reference.
14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as
complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
41h Street Tivoli Lighting Project Up to $175,000 Contract
Page 4
Approved by City Attorney, dated 10/16/2019
16. Worksite Conditions.
16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in
a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must
remove and properly dispose of debris and waste materials from the Work site.
16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.
16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the
Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the
asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work
in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area
affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous
materials may be used in performance of the Work.
16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if,
during the performance of the Work, Contractor discovers utility facilities not identified by City in the
Contract documents, Contractor must immediately provide written notice to City and the utility. In
performing any excavations or trenching work, Contractor must comply with all applicable operator
requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends
deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.
17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a
separate set of as -built drawings while the Work is being performed, showing changes from the Work as
planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be
updated as changes occur, on a daily basis if necessary.
18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
19. Non -Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes
of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright
Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor,
without further acknowledgement by the parties.
22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
—UUL I Mull Uynuny rroject Up to $175,000 Contract
Page 5
Approved by City Attorney, dated 10/16/2019
overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
City:
Address: 111 Morphew Street
City/State/Zip: San Rafael, CA 94901
Phone: 415.458.5326
Attn: Shawn Graf, Junior Engineer
Email: Shawn.Graf(cDCitvofSanRafael. orq
Contractor:
Name: \ \A�A'o�n�'t�u
Address:_L7i1
City/State/Zip:GLrc r Ik ':As -F-33
Phone: (-7 LV 7 s7t�1
Attn:`T
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
23.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's
and City's lawful heirs, successors and permitted assigns.
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
23.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
[Signatures are on the following page.]
4'h Street Tivoli Lighting Project
Up to $175,000 Contract
Approved by City Attomey, dated 10/16/2019 Page 6
The parties agree to this Contract as witnessed by the signatures below:
CIT : Approv d as to form: /� h
s/ s/ le.� 1 J (4J' f��.
Jim Schutz, City Manage •,Robert F. Epstein, City Attorney
Date:?JI2020u Date: _ 3J2 -Q
Attest:
sl_Cc-_
Lindsay Lara, City Clerk
Date: �' I-0
1
CONTRACTOR: �i a�0.1� C' .v���r1,1 C, ' v� , ►rl t
Business Nanie
s/ >,C dam( Seal:
Tcl�wc�v�c:Tv�nc shanul� I�� c4 -)\A ao urr
Name/Title
Date:
s/
Name/Title
Date:
i -ICS 9TC c v7 x%2-1
Contractor's California License Number(s) and Expiration Date(s)
Exhibit A: Scope of Work
Exhibit B: Bond Forms
Exhibit C: Noncollusion Declaration
Exhibit D: Bid Schedule
Exhibit E: Subcontractor List
END OF CONTRACT
4'h Street Tivoli Lighting Project Up to $175,000 Contract
Page 7
Approved by City Attorney, dated 10/16/2019
BOND#CE10788800069
Payment Bond
City of San Rafael ("City") and VITALITY CONSTRUCTION INC ("Contractor") have entered into a
contract, dated DECEMBER 1 , 20_19 ("Contract") for work on the 4"' Street Tivoli Lighting
Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond").
1. General. Under this Bond, Contractor as principal and PHILADELPHIA INDEMNITY INSURANCE COMPANY
its surety ("Surety"), are bound to City as obligee in an amount not less than
$98,670.00 , under California Civil Code sections 9550, et seq.
2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the
persons named in California Civil Code section 9100 amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of Contractor and its
subcontractors, under California Unemployment Insurance Code section 13020, with
respect to the work and labor, then Surety will pay for the same.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code section 9100, so as to give a right of action to those persons or their assigns in
any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond
upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and
equipment furnished for use in the performance of the Work required by the Contract, in
conformance with the time requirements set forth in the Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond
for any supplemental contract under Civil Code section 9550. Any notice to Surety may be
given in the manner specified in the Contract and delivered or transmitted to Surety as
follows:
Attn: PHILADELPHIA INDEMNITY INSURANCE COMPANY
Address: 101 S. PHILLIPS AVENUE STE 102
City/State/Zip: 1)4 Fm -
I c n e 57194
Phone: 605-809 84212 LTJ
Fax: N/A
Email: NiA
Law and Venue. This Bond will be governed by California law, and any dispute pursuant
to this Bond will be venued in the Superior Court of Marin County, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
4'h Street Tivoli Lighting Project
Approved by City Attorney, dated <insert date>
Up to $175,000 Contract
Payment Bond
7. Effective Date; Execution. This Bond is entered into and is effective on 25TH NOVEMPER
2019. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: PHILADELPHIA INDEMNITY INSURANCE COMPANY
Business Name
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: VITALITY CONSTRUCTION, INC
Business Name
s/
V vcRduo %Et✓ ptyj'egCf h'J9y►[8,9Ei
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/ AAlJ�
Lisa A. QJAm�,� Cly mei
Name/Title
END OF PAYMENT BOND
41h Street Tivoli Lighting Project Up to $175,000 Contract
Payment Bond
Approved by City Attorney, dated <insert date>
t02
PIIILADELPIflit INDEMNITY INSURANCE CONIPANV
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY -THESE PRESEN"IS: 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.lustin L. Kelley ofWhite Lion Bondine & Insurance Services, its
true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognisances 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 525,000,000.
This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA IIA INDEMNITY INSURANCE COMPANY on the 14"' of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the 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
FURTIIER
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 ]HIS INS"H?.UMENT'10 BE SIGNED AND
I'IS CORPORA'IT7 SEALTO BE AFFIXED BY ITS AU'I11ORIZED OFFICE TI IIS 14TH DAY OF NOVEMBER, 2016.
1927
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 14"' day of November, 2016, 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
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Net
Non Mend,
Notiry Ne1k
leer fti n Two., "omer► ^
my cm"tulOn euro in: /, 2Iti
"'" n.•�•�"urc• w � Notary Public:
(Notary Seal)
residing at: Bala Cvnwvd. PA
My commission expires: January S. 2018
1, L'dward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE' COMPANY, do herby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 14"' day of November, 2016 are true and correct and are still in full force and effect. I do further
certify that Robert D. O'Leary Jr., wilo executed the Powrr of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected
President of PI1ILADEI.PI IIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Con,pany this2 f, day of rjD 20
1927 Pdward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
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
On 11- X- um before me,
personally appeared JUSTIN L KELLEY
LINDSEY JO WOLLER
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the 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.
4111ss100oss�ss0ssosasssaauosse�®Doses.
WITNESS my hand and official seal.
yEpyLINDSEY JO WOLLER
CL w ��, lm COMM. #2267876 z
NOTARY PUBLIC - CALJFORNIA
ORANGE COUNT
My Commission Expires 11/20/2022
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Shawn Graf Extension: 5347
Contractor Name: Vitality Construction, Inc. �GM►N.k
Contractor's Contact: Ju=" . 1: *ek T4+y �tiContact's Email: p4stIR @tykkeliem
❑ FPPC: Check if Contractor/Consultant must file Form 700 a}YAnk&Yi 4) ; G�nS" Gon
Step
RESPONSIBLE DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1 i
Project Manager a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
12/5/2019
Attorney c/o Laraine.Gittens@cityofsanrafael.org
City Attorney a. Review, revise, and comment on draft agreement
❑x IK
2
(.7lick here to
and return to Project Manager
enter a date.
❑
b. Confirm insurance requirements, create Job on
('l icl 1 Ln -C111)
oy
PINS, send PINS insurance notice to contractor
Department Director Approval of final agreement form to send to
t, &m
3
Click or tel i)
❑
contractor
to enter a
Project Manager Forward three (3) originals of final agreement to
date.
4
Click here to
_
❑ i
contractor for their signature
enter a date.
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
�
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
agreement
Review and approve insurance in PINS, and bonds
8
City Attorney
i
(for Public Works Contracts)
`
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
(•�
_ _ _ ___
10
City Clerk
Attest signatures, retains original agreement and
C
j
forwards copies to Project Manager