HomeMy WebLinkAboutPW Energy Effecient LightingCITY 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
Lead Efficiency Consulting, LLC (Contractor"), a corporation authorized to do business ip California, for
work on the City's Energy Efficient Lighting project ("Project"), and is effective -On 20
("Effective Date"). Ji%o�y" �—
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.
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. In connection with this Project, the City has been awarded a loan from PG&E
intended to compensate City for the costs of compensating Contractor for the work described in Exhibit
A. Contractor and City acknowledge that the exact PG&E loan amount will not be determined until after
the Project has been completed. Contractor and City agree that once the final loan amount is established
by PG&E, City will pay Contractor, 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 and 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, a sum equal to the final PG&E loan amount less the sum of all incentives Contractor
will receive directly from other sources in connection with this Project (the "Contract Price"). Contractor
and City estimate that the Contract Price payable by City will be approximately $161,175.65 but
acknowledge and agree that the exact Contract Price will be adjusted once the final PG&E loan amount is
established. However, in no event will the Contract Price exceed $175,000.
3.1 Payment. The City shall pay Contractor the sum of $44,938 (equal to 50% of the product
costs of $89,876), within 7 days after the date of execution of the Contract. The remaining balance of the
Contract Price, estimated to be approximately $116,237.65, will be paid upon completion of the Project.
Invoices must detail 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
Up to $175,000 Contract
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Approved by City Attorney, dated 02/27/2020
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,
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 one year 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
Up to $175,000 Contract
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Approved by City Attorney, dated 02/27/2020
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 $1,000,000 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.
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
Up to $175,000 Contract
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Approved by City Attorney, dated 02/27/2020
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.
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.
Up to $175,000 Contract
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Approved by City Attorney, dated 02/27/2020
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.
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.
Up to $175,000 Contract
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Approved by City Attorney, dated 02/27/2020
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
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) 485-3110
Attn: Bill Guerin, Public Works Director
Email: Bill.Guerinaa.cityofsanrafael.org
Contractor:
Address: 14396 St. Marys Ave
City/State/Zip: Red Bluff, CA 96080
Phone: (530) 840-4455
Attn: Michael Ward
Email: mike(aD-lecled1.com
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
Up to $175,000 Contract
Page 6
Approved by City Attorney, dated 02/27/2020
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.]
Up to $175,000 Contract
Page 7
Approved by City Attorney, dated 02/27/2020
The parties agree to this Contract as witnessed by the signatures below:
CITY:
s/
Jim chug City Manager
Date: _I 1 `' Z,
Attest:
s/ A • A,f w ALS.
`Lindsay Lara, C' y Cler
Date:
ApproLaas toform:
s/
IkRobert F. Epstein, City Attorney
Date: V.U. /�(g'
CONTRACTOR: EeLd C L,,-'
Business N e
s/ Seal:
Name/Title
Date: 911 Y/Z !
Date: 9 f� lykl
12-oc- L
Contractor's California Licen a Numbers) 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
Up to $175,000 Contract
Page 7
Approved by City Attorney, dated 02/27/2020
Exhibit A
SCOPE OF WORK
Up to $175,000 Contract
Scope of Work
Approved by City Attorney, dated 02/27/2020
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10 Pacific Gas and
Electric Company*
LOCAL AGENCY AND DISTRICT
CUSTOMERS
ON -BILL FINANCING LOAN AGREEMENT
The undersigned Local Agency or District' Customer ("Customer") has contracted for the provision of energy efficiency/demand response equipment
and services (the "Work") which qualify for one or more of PG&E's applicable rebate or incentive programs. Subject to the conditions (including the
process for Adjustment and preconditions to funding) set forth below, Pacific Gas and Electric Company ("PG&E") shall extend a loan (the "Loan") to
Customer in the amount of the loan balance (the "Loan Balance") pursuant to the terms of this On -Bill Financing Loan Agreement ("Loan Agreement")
and PG&E's rate schedules E-OBF and/or G-OBF, as applicable (the "Schedule").
To request the Loan, Customer has submitted a completed On -Bill Financing Application and associated documentation as required by PG&E (the
"Application"). Collectively the Application and this Loan Agreement (including any Adjustment hereunder) comprise the "Agreement".
1. Customer shall arrange for its Contractor, as identified at the end of this Agreement ("Contractor"), to provide the Work as described in the
Application.
The estimated Loan Balance is set forth below. The total cost of the Work as Installed, rebatefincentive for qualifying energy efficiency
measures, Loan Balance, monthly payment, and loan term specified in this Loan Agreement may be adjusted, if necessary, after the Work and
the post -Installation inspection described in the Application and/or herein are completed (the "Adjustment"). The Adjustment will be calculated
using the actual total cost of the Work, as installed, and the estimated energy savings (as described in the Application) of such Work. In no
event will the Loan Balance be increased without Customer's written consent, even if Customer is eligible for such increased Loan Balance.
Moreover, In no event will the Loan Balance exceed the maximum loan amount stipulated in the Application. Customer understands that in
order to be eligible for the Loan, the initial Loan Balance for Work may not fall below the minimum loan amount, nor may the payback period
exceed the maximum payback period. Accordingly, if after the Adjustment, the Loan Balance falls below the minimum loan amount or
If the simple payback period exceeds the program maximum payback period, each as described In the Application, PG&E shall have
no obligation to extend the Loan, as the Work would not meet program requirements. The Adjustment described in this paragraph will
be communicated to the Customer in writing and will automatically become part of this Loan Agreement, except that any proposed increase in
the Loan Balance will only become part of this Loan Agreement upon Customer's written consent to such increase.
PG&E shall have no liability in connection with, and makes no warranties, expressed or Implied, regarding the Work. The Parties
acknowledge and agree that PG&E is only providing the Local Agency or District cited here with financing. The Customer has independently
hired contractors ("Local Agency or District Contractors") to perform the work on behalf of the Customer to qualify for financing. The Customer
acknowledges and agrees that the Local Agency or District Contractors are not third party beneficiaries to this agreement between the
Customer and PG&E. To the extent authorized by law and subject to appropriation of the Legislature, the Customer agrees that it will look only
to Local Agency or District Contractors for any claims related to the installed equipment or its performance and that PG&E shall have no
responsibility or liability, except for the payment of the loan proceeds, and the Customer shall Indemnify PG&E for any claims made by the
Local Agency or District Contractors against PG&E.
4. Customer represents and warrants that (a) Customer is receiving this Loan solely for Work obtained in connection with Customers business,
and not for personal, family or household purposes; (b) Customer, if not an individual or a government agency, is duly organized, validly
existing and in good standing under the laws of its state of formation, and has full power and authority to enter into this Agreement and to
carry out the provisions of this Agreement Customer is duly qualified and in good standing to do business in all jurisdictions where such
qualification is required; (c) this Loan Agreement has been duly authorized by all necessary proceedings, has been duly executed and
delivered by Customer and is a valid and legally binding agreement of Customer duly enforceable in accordance with its terms; (d) no consent,
approval, authorization, order, registration or qualification of or with any court or regulatory authority or other governmental body having
jurisdiction over Customer is required for, and the absence of which would adversely affect, the legal and valid execution and delivery of this
Loan Agreement, and the performance of the transactions contemplated by this Loan Agreement; (e) the execution and delivery of this Loan
Agreement by Customer hereunder and the compliance by Customer with all provisions of this Loan Agreement: (i) will not conflict with or
violate any Applicable Law; and (ii) will not conflict with or result in a breach of or default under any of the terms or provisions of any loan
agreement or other contract or agreement under which Customer is an obligor or by which its property is bound; and (f) all factual information
furnished by Customer to PG&E in the Application and pursuant to this Agreement is true and accurate.
The Application must include the Federal Tax Identification Number or Social Security Number of the party who will be the recipient of the
checks for the rebate/incentive or any Loan proceeds. Checks may be issued directly to the Customer or its designated Contractor or both, for
the benefit of the Customer, as specified below. Customer acknowledges that PG&E will not be responsible for any tax liability imposed on the
Customer or its contractor in connection with the transactions contemplated under the Agreement, whether by virtue of the Loan contemplated
under the Agreement, or otherwise, and Customer shall indemnify PG&E for any tax liability imposed upon PG&E as a result of the
transactions contemplated under the Agreement.
' Local Agency or District as defined in California Government Code §50001 and §58004.
Form 79-1194
Advice 4085 -G/5517 -E
Automated Document — Preliminary Statement Part A April 2019
6. Upon completion of the Work, Customer shall send a written confirmation of completion to PG&E's On -Bill Financing Program Administrator at
the address listed in Section 15. Within 60 days after receiving the confirmation, PG&E (a) will conduct a post installation inspection and
project verification, including review of invoices, receipts and other documents as required by PG&E to verify the correctness of any amounts
claimed by Customer and (b) will adjust, if necessary, the total cost, incentive, Loan Balance, monthly payment, and loan term as stated
above. Customer shall give PG&E reasonable access to its premises and the Work. If the Work conforms to all requirements of the
Agreement and all amounts claimed by Customer as Work costs are substantiated to PG&E's reasonable satisfaction PG&E will issue a
check ("Check") to Customer or Contractor (as designated by Customer in Section 15) for all amounts PG&E approves for payment in
accordance with the Agreement. The date of such issuance is the "Issuance Date". If the Check is issued to Customer, Customer shall be
responsible for paying any outstanding fees due to Contractor for the Work. If the Check is less than the amount due from Customer to
Contractor, Customer shall be responsible for the excess due to the Contractor.
7. Customer shall repay the Loan Balance to PG&E as provided in this Loan Agreement irrespective of whether or when the Work is completed,
or whether the Work is in any way defective or deficient, and whether or not the Work delivers energy efficiency savings to Customer.
8. The monthly payments will be included by PG&E on the Account's regular energy service bills, or by separate bill, in PG&E's discretion.
Regardless whether the monthly payments are included in the regular utility bill or a separate loan installment bill, the following repayment
terms will apply:
a. The Customer agrees to repay to PG&E the Loan Balance in the number of payments listed below and in equal
installments (with the final installment adjusted to account for rounding), by the due date set forth in each PG&E utility
bill or loan installment bill rendered in connection with Customer's account (identified by the number set forth below)
('Account"), commencing with the bill which has a due date falling at least 30 days after the Issuance Date.
b. If separate energy service bills and loan installment bills are provided, amounts due under this Loan Agreement as
shown in the loan installment bill shall be deemed to be amounts due under each energy services bill to the Account,
and a default under this Loan Agreement shall be treated as a default under the Account.
c. If the Customer is unable to make a full utility bill payment in a given month, payment arrangements may be made at
PG&E's discretion.
d. Any partial bill payments received for a month will be applied in equal proportion to the energy charges and the loan
obligation for that month, and the Customer may be considered in default of both the energy bill and the loan
installment bill.
e. Further payment details are set forth below.
9. Any notice from PG&E to Customer regarding the Program or the transactions contemplated under the Loan Agreement may be provided
within a PG&E utility bill or loan installment bill, and any such notices may also be provided to Customer at the address below or to the
Customer's billing address of record in PG&E's customer billing system from time to time, and in each case shall be effective five (5) days
after they have been mailed.
10. The Loan Balance shall not bear interest.
11. Customer may, without prepayment penalty, pay the entire outstanding loan balance in one lump sum payment provided the customer first
notifies PG&E by telephoning the toll free phone number (1-800-468-4743), and by sending written notice to PG&E On -Bill Financing
Program Administrator at the address listed below, in advance of making the lump sum payment. Accelerated payments that are received
from Customer without PG&E's prior approval may, at PG&E's sole discretion, be applied proportionally to subsequent energy charges and
Loan repayments and PG&E shall have no obligation to apply accelerated payments exclusively to reduction of the outstanding Loan.
12. The entire outstanding Loan Balance will become immediately due and payable, and shall be paid by Customer within 30 days if. (i) the
Account is closed or terminated for any reason; (ii) Customer defaults under the Agreement; (iii) Customer sells the equipment forming part of
the Work to any third party; or (iv) Customer becomes Insolvent. Customer becomes "Insolvent" if: (i) Customer is unable to pay its debts as
they become due or otherwise becomes insolvent, makes a general assignment for the benefit of its creditors, or suffers or permits the
appointment of a receiver for its business or assets or otherwise ceases to conduct business in the normal course; or (ii) any proceeding is
commenced by or against Customer under any bankruptcy or insolvency law that is not dismissed or stayed within 45 days
13. Customer understands that without limiting any other remedy available to PG&E against Contractor or Customer, failure to repay the Loan
Balance in accordance with the terms of the Agreement could result in shut-off of utility energy service, adverse credit reporting,
and collection procedures, including, without limitation, legal action.
14. If there is any conflict among the documents comprising the Agreement, the following order of priority shall apply: 1. this Loan Agreement; 2.
the Application; 3. any documents attached to the Application.
Automated Document — Preliminary Statement Part A
2
Form 79-1194
Advice 4085-Gl5517-E
April 2019
15. LOCAL AGENCY OR DISTRICT REQUIREMENT
a. All Payment Obligations Subject to Appropriation
The Customer acknowledges that the cost incurred pursuant to this Loan Agreement will be part of the monthly bill for
electric use. All payment obligations and the Work replacement obligations of the Customer under this Loan
Agreement or any related agreement or application is subject to appropriation by the Legislative body belonging to
Local Agency or District cited in this loan agreement.
b. No Lien or Encumbrance; Subordination:
(1) Notwithstanding any other provision in this Loan Agreement — , PG&E acknowledges that nothing in this Loan
Agreement shall constitute a mortgage, charge, assignment, transfer, pledge, lien or encumbrance upon either the
Work or any part of the buildings, structures or related facilities in which the Work is constructed, installed or situated
(collectively, the 'Related Facilities') Accordingly, PG&E agrees it will not record or file any instrument that would
indicate or imply it has a security interest in the Related Facilities, including but not limited to a UCC -1.
(2) In addition to the preceding paragraph (a), if this Loan Agreement were ever construed or deemed to create any
such encumbrance, then: (i) this Loan Agreement shall be junior and subordinate and subject in all respects to the
terms and conditions of any and all leases, and indentures related to lease revenue bonds issued by the Local Agency
or District cited here or any other issuer of bonds on behalf of the Local Agency or District concerning the Related
Facilities entered into in the past, the present or the future (the "Senior Security Documents"); and (ii) any term or
condition of this Loan Agreement relating to any right, title or interest in the Related Facilities or other benefits derived
there from shall be in all respects junior and subordinate to, and subject to the terms of, the Senior Security
Documents.
Form 79-1194
Advice 4085 -G/5517 -E
Automated Document — Preliminary Statement Part A April 2019
16. Loan Particulars.
This table is to be completed by PG&E
Total Cost
Incentive
Customer
Loan Balance'
Monthly Payment
Term'
Number of
Buy- Down
(months)
Payments
(if applicable)
b 186,496.00
$ 24,320.35
$ -
$ 161,176.66
$ 2,568.34
63
63
Check Made Payable to Customer A or Contractor ❑
[customer to select payment method. Note that only one check can be Issued
17. This agreement at all times shall be subject to such modifications as the California Public Utilities Commission may direct from time to
time in the exercise of Its jurisdiction.
Federal Tax ID or Social Security #, Customer Federal Tax ID or Social Security #, Contractor
94-6000424
PG&E Account # l Service Agreement #
9087543148 / 9089288668
Account Name, Customer Name, Contractor
Primary Customer Name: CITY OF SAN RAFAEL -111
MORPHEW ST- SAN RAFAEL
Project ID: Population Non -Res OBF - 35162
FA ID: 012562
Customer Address (For OBF Check Delivery) Contractor Address (For OBF Check Delivery)
City of San Rafael
ATTN: Jim Schutz
1400 Fifth Ave
San Rafael CA 94901
Name and Title of Authorized Representative of
Customer
Name and Title of Authorized Representative of
Contractor
Jim Schutz, City Manager
5 oture of t odze Rep senm
a Ustoer
Date
0 22/20021
ACCEPTED: Pacific Gas and Electric Company
By Date
PG&E On -Bill Financing Authorized Representative
Address:
On -Bill Financing Program
Mail Code N6G
Pacific Gas and Electric Company
PO Box 770000
San Francisco, CA 94177-0001
I The Loan Balance shall not exceed two -hundred Fifty thousand dollars (5250,000), except where, In PG&E's
sole opinion, the opportunity for uniquely large energy savings exist, in which case the Loan Balance may
exceed two -hundred fifty thousand dollars ($250,000) but shall not exceed four million dollars ($4,000,000).
' The loan term in months will be established by PG&E at the time of the OBF Loan Agreement initiation. The
maximum loan term shall be one hundred and twenty (120) months.
Automated Document — Preliminary Statement Pert A
4
Form 79-1194
Advice 40135 -G/5517 -E
April 2019
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Exhibit B
BONDFORMS
Required for cowi-acts over $25, 000.
Up to $175,000 Contract
Bond Forms
Approved by City Attorney, dated 02/27/2020
Payment Bond
City of San Rafael ("City") and ("Contractor") have entered into a
contract, dated , 20_ ("Contract") for work on the
("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond").
General. Under this Bond, Contractor as principal and
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ , under California Civil Code sections 9550, et seq.
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:
Address: _
City/State/Zip:
Phone:
Fax:
Email:
6. 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.
Up to $175,000 Contract
Payment Bond
Approved by City Attorney, dated 02/27/2020
Effective Date; Execution. This Bond is entered into and is effective on
20_ Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
s/
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/
Name/Title
END OF PAYMENT BOND
Approved by City Attorney, dated 02/27/2020
Up to $175,000 Contract
Payment Bond
Performance Bond
City of San Rafael ("City") and ("Contractor") have entered into a
contract, dated , 20 ("Contract") for work on the
("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and , its
surety ("Surety"), are bound to City as obligee for an amount not less than $
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond.
Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
Surety waives any requirement to be notified of and further consents to any alterations to the
Contract made under the applicable provisions of the Contract documents, including changes to the
scope of Work or extensions of time for performance of Work under the Contract. Surety waives
the provisions of Civil Code sections 2819 and 2845.
3. Application of Contract Balance. Upon making a demand on this Bond for completion of the
Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for
completion of the Work under the Contract. For purposes of this provision, the Contract Balance is
defined as the total amount payable by City to Contractor as the Compensation minus amounts
already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which
City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action:
4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent,
but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor
acceptable to City, and secured by performance and payment bonds issued by an admitted
surety as required by the Contract documents, at Surety's expense; or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover
all costs it incurs due to Surety's default, including legal, design professional, or delay costs.
6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal
delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable)
file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety
must be given as follows:
Up to $175,000 Contract
Performance Bond
Approved by City Attorney, dated 02/27/2020
Attn:
Address:
City/State/Zip:
Phone:
Fax:
Email:
7. 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.
Effective Date; Execution. This Bond is entered into and effective on
20_ Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
s/
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/
Name/Title
END OF PERFORMANCE BOND
Approved by City Attorney, dated 02/27/2020
Up to $175,000 Contract
Performance Bond
Bid Bond
("Bidder") has submitted a bid,
dated 20 ("Bid"), to the City of San Rafael ("City") for work on
the ("Project'). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and
, its surety ("Surety"), are bound to City as obligee in the penal sum
of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves
and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as
follows:
1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with
City in accordance with the terms of the Bid.
2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must
submit to City the following:
2.1 Contract. The executed Contract, using the form provided by City in the Project contract
documents ("Contract Documents");
2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a
surety licensed to do business in the State of California using the Payment Bond form
included with the Contract Documents;
2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price,
executed by a surety licensed to do business in the State of California using the Performance
Bond form included with the Contract Documents; and
2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract
Documents, and any other documents required by the Instructions to Bidders or Notice of
Award.
3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance
certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond
Sum to City. Any notice to Surety may be given in the manner specified in the Contract and
delivered or transmitted to Surety as follows:
Attn
Address: _
City/State/Zip:
Phone:
Fax:
Email:
4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation
will be null and void; otherwise it will remain in full force and effect for 60 days following the bid
opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the
provisions of Civil Code §§ 2819 and 2845.
[Signatures are on the following page.]
Up to $175,000 Contract
Bid Bond
Approved by City Attorney, dated 2/27/2020
This Bid Bond is entered into and effective on , 20
SURETY:
Business Name
s/
Date
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
BIDDER:
Business Name
s/
Date
Name, Title
END OF BID BOND
Up to $175,000 Contract
Bid Bond
Approved by City Attorney, dated 2/27/2020
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the ��.�%.%� [title] of
[business name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in
a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to
any corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or
entity for such purpose.
This declaration is intended to comply with Califomia Public Contract Code § 7106 and Title 23 U.S.0 §
112.
1 declare under penalty of perjury under the laws of the.State California that the foregoing is true and
corre an thafrs>claration is ex cuted on [date], at
Gc_f�� [city], [state].
[print]
END OF NONCOLLUSION DECLARATION
Approved by City Attomey, dated 227/2020
Up to $175,000 Contract
Noncollusion Declaration
Exhibit D
BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total
Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.)
BID
ITEM UNIT EXTENDED
NO. ITEM DESCRIPTION EST. QTY. UNIT COST TOTAL AMOUNT
TOTAL BASE BID: Items 1 through inclusive: $
Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in
Section 1 of the Bid Proposal form.
Up to $175,000 Contract
Bid Schedule
Approved by City Attorney, dated 2/27/2020
This Bid Proposal is hereby submitted on
s/
s/
Company Name
Address
City, State, Zip
Contact Name
20_
Name and Title
Name and Title
License #, Expiration Date, and Classification
DIR Registration #
Phone
Contact Email
Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued
for this Bid. Bidder waives any claims it might have against the City based on its failure to receive,
access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following
addenda:
Addendum: Date Received: Addendum: Date Received:
#01 #05
#02 #06
#03 #07
#04 #08
END OF BID SCHEDULE
Up to $175,000 Contract
Bid Schedule
Approved by City Attorney, dated 2/27/2020
Exhibit E
SUBCONTRACTOR LIST
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 %
of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the
Subcontractor, its California contractor license number, the location of its place of business, its DIR
registration number, and the portion of the Work that the Subcontractor is performing based on a
percentage of the Base Bid price.
DESCRIPTION SUBCONTRACTOR I CALIFORNIA LOCATION OFDIR REG. NO. I PERCENT
OF WORK NAME CONTRACTOR BUSINESS OF
LICENSE NO. WORK
END OF SUBCONTRACTOR LIST
' For street or highway construction this requirement applies to any subcontract of $10,000 or more.
Up to $175,000 Contract
Subcontractor List
Approved by City Attorney, dated 2/27/2020
Bond No. 72398670
Payment Bond
City of San Rafael (" ity') nd Lead Eflicienc_v Consulting ("Contractor") have entered into a
contract, dated 20 ("Contract") for work on the
("Project'). The ontract is incorporated by reference into this Payment Bond ("Bond").
'San Rafael Department of Public Works Located at 111 Morphew Avenue San Rafael, CA 94901 -Retrofit Lighting
1. General. Under this Bond, Contractor as principal and WESTERN SURETY COMPANY
its surety ("Surety'), are bound to City as obligee in an amount not less than
$ 172.496.30 , 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.
S. 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: WESTERN SURETY COMPANY
Address: 151 North Franklin. 17th Floor
City/State/Zip: Clucago, 11, 60606
Phone: 605-336-0850
Fax: 605-335-0357
Email: infoOtnasuretv.com
6. 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.
Up to $175,000 Contract
Payment Bond
Approved by City Attorney, dated 0227/2020
7. Effective Date; Execution. This Bond is entered into and is effective on September 16
2021. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: WESTERN SURETY COMPANY
Business Name
sl r -'a a -z al
ANDREW CARL CHRIST. Attomey-in-Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACT R: Lead Efficiency C nsultin
usiness Name
s/ —1 �
cU
C, -,J
Name itle
s/
Name/Title
APPROVED BY CITY:
s/
► � ►�. : rr. i ,
END OF PAYMENT BOND
Up to $175,000 Contract
Payment Bond
Approved by City Attomey, dated 02272020
Bond No. 72398670
Performance Bond
City of San Rafael "CKV-) an Lead E iciency Consulting ("Contractor") have entered into a
contract, dated f20 ("Contract") for work on the
("Project"). The o tract is incorporated by reference into this Performance Bond ("Bond").
*San Rafael Department of Public Works Located at 111 Motphew Avenue San Rafael, CA 94901 -Retrofit Lighting
1. General. Under this Bond, Contractor as Principal and WESTERN SURETY COMPANY , its
surety ("Surety"), are bound to City as obligee for an amount not less than $ 172.196.30
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond.
2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
Surety waives any requirement to be notified of and further consents to any alterations to the
Contract made under the applicable provisions of the Contract documents, including changes to the
scope of Work or extensions of time for performance of Work under the Contract. Surety waives
the provisions of Civil Code sections 2819 and 2845.
3. Application of Contract Balance. Upon making a demand on this Bond for completion of the
Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for
completion of the Work under the Contract. For purposes of this provision, the Contract Balance is
defined as the total amount payable by City to Contractor as the Compensation minus amounts
already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which
City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action:
4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent,
but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor
acceptable to City, and secured by performance and payment bonds issued by an admitted
surety as required by the Contract documents, at Surety's expense; or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover
all costs it incurs due to Surety's default, including legal, design professional, or delay costs.
6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal
delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable)
file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety
must be given as follows:
Up to $175,000 Contract
Performance Bond
Approved by City Attomey, dated 02/27/2020
Attn: WESTERN SURETY COMPANY
Address: 151 North Franklin. 17th Floor
City/State/Zip: C1ucago.IL 60606
Phone: 605-336-0850
Fax: 605-335-0357
Email: info�ti,cnasuretv.com
7. 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
8. Effective Date; Execution. This Bond is entered into and effective on September 16
20 21. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: WESTERN SURETY COMPANY
Business Name
s/ 1 /
ANDREW CARL CHRIST. Attorney -in -Fact
NamefTitle [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
Lead Efficiency Consulting
Busbess Name it !t
s/
s/
Name/Title
APPROVED BY CITY-
.. G • /tom. t,,
END OF PERFORMANCE BOND
Up to $175,000 Contract
Performance Bond
Approved by City Attomey, dated 0227/2020
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
72398670
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint ANDREW -CARL _CHRIST
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Lead Efficiency Consulting
Obligee: City of San Rafael
Amount.: $1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the
Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No. 72398670 is not issued on or before midnight of October 20, 2021 all
authority conferred in this Power of Attorney shall expire and terminate.
stern Surety Company has caused these presents to be signed by its Vice President., Paul T. Bruflat, and its
is 16th day of September 2021
WEST + R/ SURF Y COMPANY
S1' ITL iA x 0a 711A Paul T. ruIlat, Vice President
ss
COUNTY;Ot+° i%-juNNE1fAFIA
On this 16th day of &Member in the year __2 Q2 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of saidaid rp�
t
f M. BENT s
s =SEAL L NOTARY PUBLIC SEAL Is Notary Public - South Dakota
s SOUTH DAKOTAs
tyyyy55y4yyyyhyyyyhyyhh4 t
My Commission Expires March 2, 2026
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certilv that the
attached Power of Attorney is in frill force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 16th_ _ day of
September 2021
WES +R SURE Y COMPANY
Paul T. ruflat, Vice President
To validate bond authenticity, go to www.enasurety.com > Owner/Obligee Services > Validate Bond
Form F5306-11-2020
PXA RAF,gF
s 2
�, yo
MOP
WITH P'��
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: Iman Kayani for BG/OG/CB Extension: 3352
Contractor Name: LEAD EFFICIENCY CONSULTING, LLC
Contractor's Contact: Mike Ward Contact's Email: mike@leciedl.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DEPARTMENT
1 Project Manager
2 1 City Attorney
3 1 Department Director
4 I Project Manager
5 1 Project Manager
PRINT
6 Project Manager
7 1 City Attorney
8 1 City Attorney
9 1 City Manager/ Mayor
T DESCRIPTION
a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
Approval of final agreement form to send to
contractor
Forward three (3) originals of final agreement to
contractor for their signature
When necessary, contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
$75,000; and for Public Works Contracts that exceed $175,000
Date of City Council approval
CONTINUE ROUTING PROCESS WITH HARD COPY
Forward signed original agreements to City
Attorney with printed copy of this routing form
Review and approve hard copy of signed
agreement
Review and approve insurance in PINS, and b ds
(for Public Works Contracts)
Agreement executed by City Counci authori ed
official
COMPLETED
DATE
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enter a date.
5/4/2021
5/5/2021
5/5/2021
5/5/2021
5/5/2021
0 N/A
Or
Click here to
enter a date.
9/27/2021
/ZeSV 2-)
q/Zf/lV2)
10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager �07
REVIEWER
Check/Initial
OIKK
❑X LG
0 LG
0 BG
D IKK
DIKK
MW
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