HomeMy WebLinkAboutPW City Hall Server Room HVAC ReplacementCITY OF SAN RAFAEL
Department of Public Works
111 Morphew Street
San Rafael, CA 94901
Public Works Contract for Projects up to $200,000
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
Matrix HG, Inc. ("Contractor"), a California corporation, f r w k on the City's City Hall Server Room
HVAC Replacement ("Project"), and is effective on ("Effective Date").
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): C-20
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 Documents, City
will pay Contractor $39,978 (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 4 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,
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.
City Hall Server Room HVAC Replacement Up to $200,000 Contract
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4. Time for Completion. Contractor will fully complete the Work within two (2) months 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 (the "Indemnitees") 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 the
acts or omissions of Contractor, its employees, subcontractors, representatives, or agents in performing
the Work of failing to comply with any obligation of Contractor under this Contract, except such Liability
caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. 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 $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.
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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
City Hall Server Room HVAC Replacement Up to $200,000 Contract
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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.
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.
16. 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
City Hall Server Room HVAC Replacement Up to $200,000 Contract
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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.
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.
City Hall Server Room HVAC Replacement Up to $200,000 Contract
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Approved by City Attorney, dated 03/28/2022
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: 415-686-4666
Attn: Omar Garcia, Facilities Repair Supervisor
Email: omarg@cityofsanrafael.org
Contractor:
Name: Matrix HG, Inc
Address:115 Mason Circle Suite B
City/State/Zip: Concord, CA 94520
Phone:707-586-9200
Attn: Frank Villa
Email: fvilla@matrixhginc.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
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
City Hall Server Room HVAC Replacement Up to $200,000 Contract
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Approved by City Attomey, dated 03/28/2022
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]
City Hall Server Room HVAC Replacement
Approved by City Attomey, dated 03/28/2022
Up to $200,000 Contract
Page 7
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approyle as,4�orm: /
s/ _/s/ �y I
APR MILLER, Public Works Director ROaR(K PST IN, City Attorney
l � r
Date: I Ci/1/ 2 L/ Date:
Attest: �( /
.4 • /V
�'t�lLINDSAY LARA, City Clerk
Date: /b ;�� Pi
CONTRACTOR: {V IM-Y 14 ffiN { m l' .
/ Business Name
s/
Seal:
MA4
Name/Title
Date:
s/
bah cl V-"'s0 V\
Name/Title
Date: 1 I it 12
$12,232- LW 113b lue
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
City Hall Server Room HVAC Replacement
Approved by City Attomey, dated 03/28/2022
Up to $200,000 Contract
Page 8
Exhibit A
SCOPE OF WORK
City Hall Server Room HVAC Replacement Up to $200,000 Contract
Scope of Work
Approved by City Attomey, dated 03/28/2022
Exhibit
1 ] 5 Mason Circle, Suite B
Concord, CA 94520
Phone: 925-459-9200 Fax: 925-459-9220
CA Lic# 812232
Matrix HG, Inc. Proposal No
PROPOSAL FOR SERVICES
UTI&XIty loll
i MATRIXHG
BUILDING SOLUTIONS
City of San Rafael Public Works Department August 7, 2024
Omar Garcia
I I I Morphew St.
San Rafael, CA 94901
Phone:415-686-4666 E-mail: omar.garcia@cityofsanrafael.org
We are pleased to submit for your review our proposal for the project referenced below. Once approved and signed, we
will arrange to schedule and execute directly.
Project Name: Install New 5 Ton Split System
Job Site Address
Area(s) Affected:
Base Project Amount:
Add Alternate(s):
Submitted By:
Fravt k Vata,
By
Reizional Vice President
Title
1400 5th Street
Server Room
City: San Rafael
S 39,978 See "Scope of Services"A ttachment
1 S - Initial for acceptance
2 S Initial for acceptance
3 S - Initial for acceptance
4 S - Initial for acceptance
5 S - Initial for acceptance
6 S - Initial for acceptance
Print Name / Title
l
v
Approved Project Amount
This proposal is effective from the date noted above and will expire if not accepted within 30 days of proposal
submission. Acceptance beyond the 30 days will be at the sole discretion of Matrix HG Inc,
Attachments:
Scope ofServic s Terms and Conditions
Check ijreghired:
❑ Certified Pavroll Required o Davis -Bacon Required o Performance Bonds Required
1of4
1 15 Mason Circle, Suite B
Concord, CA 94520
Phone: 925-459-9200 Fax: 925-459-9220
CA Lic# 312232
SCOPE OF SERVICES
Base Scope of Work
Remove existing split systems and install (1) multi -head mini split for Server Room
Scope of Work:
-Isolate systems for safety
-Provide crane and rigging as necessary to remove and set rooftop equipment
-Rccover refrigerant per EPA guidelines
-Disconnect, remove, and provide proper disposal of (2) rooftop condensing units
-Disconnect, remove, and provide proper disposal of (2) indoor wall mount fan coil units
-Furnish and install (1) 5 ton condensing unit and set on rooftop
-Furnish and install (2) 2.5 ton wall mounted fan coil units in Server Room
-Reconnect existing electrical; add as required
-Reconnect existing refrigerant piping where possible; add as required
-Reconnect existing condensate drain piping
-Install remote wall mounted thermostats
-Pressure test system to leak check
-Evacuate system, charge with factory refrigerant, add refrigerant as needed
-Start up and test for normal operations
MATRIXHG
BUILDING SOLUTIONS.
Excludes: permits, roofing, overtime labor, electrical, painting or patching, repairs to existing equipment, fire life safety
upgrades and repairs, mechanical and structural engineering and anything other than stated above.
Due to the recent shutdowns and vendor supply chain issues, please be advised that there are longer lead times for
equipment and parts than usual. We will do our best to provide the most accurate lead time information possible but
changes in pricing and delays are expected. We will update you accordingly. Pricing and lead time are only valid for
30 days.
Base Project Amount:
S J`J.`l R5
2of4
115 Mason Circle, Suite B f
Concord, CA 94520 MATRIXHG
Phone: 925-459-9200 Fax: 925-459-9220 BUILDING SOLUTIONS«
CA Lic# 812232
TERMS AND CONDITIONS
GENERAL CONDITIONS
A Each sentence or paragraph of the Terms and Conditions of the Agreement between Customer and Contractor - Proposal For Services shall be construed as an express term or condition of this
Contract.
B Issuance of Purchase Order or other communication by Customer authorizing Contractor to perforn the scope of Work will constitute acceptance of each and every term and condition of this
Contract. Any additional terms or conditions stated in Customers Purchase order, or miter communication accepting this Contract shall not be Mid under any circumstances unless- specifically
approved by written ressponse of Contractor. Failure to respond by Contractor shall be deemed a denial of any additional terms or conditions slated bt Customers acceptance.
C. Contractor shall comply with Federal, Slate, and Local laws
D. Any claim against Contractor alleging any breach of this Contract or asserting negligence bI Contractor must be initiated no later than one (1) )car afcr Contract Completion.
E. Contract Completion shall be the date on which Contractors work is completed, as distinguished from the date of Customers Acceptance thereof.
F Contractor shall advise Customer of the completion of the work Upon Customers prompt inspection and notice to Contractor ofany work not in accordance with this Contract. Contractor will
correct such work. Customers inspections shall be perforated in sequence with Coutmetors work progress, so as to avoid delay. If Customer fails to give such notice to Contractor within sevent)-
two (72) hours from notice of Contmet Completion. Contractors performance shall be deemed to be completed.
G If Contractor claims it is required to change the method, manner, or sequence of concoction. Contractor shall notify the Customer in wriling ot'such claim and if requesied, Contractor shall provide
Customer with a brief report Contractor reserves the right to obtain a reasonable Change Order for costs or work associated with such changes
11 Contractor shall maintain Workers Compensation and General Liability insurance in limits required by stale law Contractor will furnish appropriate Insurance Certificates as requested Owner
agrees that Cbnime[oes total liability shall not cxeced the total amount recoverable from the coverage specified by such Insurance Certificates
Comracior accepts no liability to indemnify or hold Customer harmless for claims or damages to persons or property, except to the extent that such damages occur during performance of
Cuntmctor's work, and are the direct result ofContractor's negligent error or omission Customer understands and agrees that Contractor shall have no responsibility at any time aficr completion of
the work for damages of any kind to persons or property
Contractor assumes no responsibility far design, structural adequacy. or compliance of the structure with building codes. If"professional" design services are necessary, Customer shall be
responsible for the results of such services, whether or not such sen ices are provided in relation to this Contact
K Contractor is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work. casings, cabinets, fixtures. structural supports, grillage, water piping,
slcam piping, drain piping, cooling lower fill, boiler tubes, boiler refinetory, dieconnec[ switches, and circuit breakers Contractor is not responsible for repairs, replacements, alterations, additions,
adjustments, repairs by others, vandalism, obsolesce, building system design, damage due to freezing weathcr, chamicabelectrochemical attack, corrosion, erosion, deterioration due to unusual wear
and tear, any damages related to [he presence of mold, fungi, mild= or bacteria, damages caused by power reductions or any other cause beyond Contractors control Contractor shall not be
required to repair or replace equipment that has net been properly maintained.
L Contractor is not responsible for the identification, detection, abatement, encapsulating or remos al of asbestos, products or materials containing asbestos, similar hazardous substances, or mold,
fungi, mildew or hacicria. In the event that Contractor encounters any of these hazardous materials in the course of performing the work. Contractor may suspend its work and remove its
employees from the project until such product or hazardous material and any additional hazardous material connected with it arc abated Contractor shall receis c an extension of tune to compete its
work and compensation for delays encountered as a result of such situation and its correction Contractor shall not be required to perform tests, install any items of equipment or make
modifications dot my be recommended or directed by insurance companies, government, state. municipal or other authority. Howes er, in the event any such recommendations occur. Contractor, at
its option may submit a proposal for Customers consideration in addition to this Agreement
hl The price for this Contract includes Contractor's labor, trade work, supervision, equipment. and materials necessary to perfomt the Contract according to conditions which could be reasonably
anticipated by HVAC tradesperson s isually examining the job site If latent conditions cause delay or require unan icipmed cost or expense in the performancc of the Contract, Contractor shall
promptly notify Customer of such conditions in writing Contractor shall charge for such additional services or rework, and be compensated as authorized by a Change Order to this Contract
N The Contract Price is based on Contractor's estimated toss and expenses in effect as of [his proposal date Should costs or expenses not under the control of the Contractor inc—c during the
performance of Conimciors work, Contractor shall promptly notify Customer of its additional costs or expenses. Contractor shall charge for such additional costs and expenses, and be
compensated as if authorized by a Change Order to this Contract
O Customer shall not require Contractor to become a party to or comply w idr any terms or conditions orally collective bargaining agreement.
DUTIES AND RESPONSIBILITIES OF OWNER
p Customer represents to Contractor that the building and the roof deck an which the installation is to be made is in a sound, loadbcaring condition. sufficient for the project conditions for
Contractors work. Customer represents that the building's structure will be adequate for Contractors work. Customer a ill infirm Contractor in writing orally latent or other conditions which
could affect the Contractors work.
Q Customer shall prmide the following:
I safe and reasonable equipment access and a safe work environment.
2. Pemtil access to Customers site and use of building services including but not limited to: water. elevators, receiving dock facilities, electrical sen ice and local telephone service.
3 keep areas adjacent to equipment free ofextmneous material, move any stock, fixtures, walls, partitions or furniture that may be necessary to perform the specified senice,
4 Promptly notify contracmr orally unusual operating conditions
3of4
115 Mason Circle, Suite B
Concord, CA 94520
Phone: 925-1.59-9200 Fax: 925-159-9220
CA Lic# 812232
MATRIXHG
BUILDING SOLUTIONSW
TERMS AND CONDITIONS
DUTIES AND RESPONSIBILITIES OF OWNER
5. Upon agreement of a timely mumnI schedule, allow Contractor to stop and start equipment necessary to perform service,
6. Provide adequate water treatment.
i. Provide the daily routine equipment operation ( if not part of this Agreement) including availability of routine equipment log readings
S. Where Contractor, remote monitoring.— ice is pro, ided. provide and maintain a telephone line with long distance direct dial and answer capability.
9. Promptly addrss any issues that arise related to mold. fungi. mildew or bacteria.
PAYMENT
Payment shall be made net 30 days fmrn date of inroice. Contractor reserves the right to require cash payment or other alternative method of payment prior to completion of work if Contmclor
detcomincs, in its sole discretion, that Customer or Customer's assignee's financial condition at any time does not justify continuance of the net 30 days payment term- In addition to the Contract
price. Custontor shall pay Contractor any applicable taxes or go,emmett changes that may be required in connection with the service or material furnished under this Agreement.
WARRANTY
Contractor warmnh that all service provided under this Agreement shall be performed in a workmanlike manner- Contractor also warrants that all parts or components supplied hereunder shall be
Dec from defects in material and workmanship. Matrix IiG Inc will provide the labor without charge to replace Paris and components sold and installed by Malrix I IG Inc that become defective
within 90 days of installation date. parts and component warranties from manufacturer may apply. On new unit installations the warranty will be I year on labor, parts and equipment components.
provided that they were not damaged. abused. or affected by chemical properties Contractor shall not be liable for repairs required as a com quemee or fauly installation (by others),
misapplication. abuse. improper servicing- unauthorized attention or improper operation Any claim for defective workmanship must be provided to Contractor in writing THIS WARRANTY IS
IN LIEU OF ALL OTI IER WARRANTIES. EXPRESSED, IMPLIED OR STATUTORY. INCLUDING THE IMPLIED WARRANTIES OF NIFRCI 1ANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Contractors obligations to repair, replace. or issue credit for any defective equipment, components or service shall be customers exclusive remedy.
EQUIPMENT CONDITIONS & RECOMMENDED SERVICE
Upon the initial scheduled preventive maintenance or annual maintenance, should Contractor determine the need for repairs or replacement. Contractor will provide Customer in writing an
'equipment condition" report including recommendations for corrections and the price for repairs in addition to this agreement. In the event Contr-ctor recommends cenain services that are not
included herein or upon initial inspection, and if Cu.,lonrer does not elect to have such services properly performed in a timely fashion, Contractor shall not be responsible for any equipment or
control failures operability, or any long-term damage that may result. Contractor at i:s own option will either continue to maintain equipment and or controls to the best of its ability. without any
responsibility, or remove such equipment from this Agreement, adjusting the price accordingly
EXCLUSIONS
Unless specificaky addressed in the Scope of services, the following items w ill he excluded: pre-existing conditions. code compliance Improvemenu to the existing HVAC, permits, title 24
calculations. enginecrmg. structural calculations or mndifcattirs. building hie -safety lie m, overtime labor, line voltage power wiring, g-conderuate piping, patchmgiscalmg of penetrations and
anything other than state in the Scope of Services'. Anything not specifically listed as included herein shall be lun—n by the panics as excluded form this proposal.
CONTRACT EXECUTION
This contract signed by both parties constitutes a final writicn expression of all the terms of this agreement and is a complete and exclusive statement of those terins, except as modified by written
Change Orden agreed to by each party to this agreement.
Should Ihes contract conflict w ith project specilicalim s, this Contract shall govern. Should the Scope of Work conflict with the Nianul'acturers Specifications. the Scope of Work shall govern.
Should Draw ings prepared by Contractor con 0ict a nh Manufacturers Standard Construction Details. the Comraclnrs Drawings shall govern.
4of4
Exhibit B
BONDFORMS
Required for contracts over $25, 000.
City Hall Server Room HVAC Replacement Up to $200,000 Contract
Bond Forms
Approved by City Attomey, dated 03/28/2022
Issued in triplicate Bond No: 9461706
Payment Bond Premium $422.00 is for the contract term and is subject
y to adjustment based on final contract price
City of San Rafael ("City") and Matrix HG, Inc. ("Contractor") have entered into a contract, dated
20_ ("Contract") for work on the City Hall Server Room HVAC
Replacement ("Project"). The Contract is incorporated by reference into this Payment Bond
("Bond"),
1. General. Under this Bond, Contractor as principal and Fidelity and Deposit Company of Maryland
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ 39,978.00 . 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.
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: Shannon Alvarez
Address: 9171 Towne Centre Dr, Suite 100
City/State/Zip: San Diego, CA 92122
Phone: 800-321-4696
Fax: 858-452-7530
Email: Shannon.Alvarez@MarshMMA.com
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.
City Hall Server Room HVAC Replacement Up to $200,000 Contract
Payment Bond
Approved by City Attorney, dated 03/28/2022
7. Effective Date; Execution. This Bond is entered into and is effective on September tstr,
2024. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Fidelitv and Deaosit Comoanv of Marvland
usiness Name
s/
Patricia White, Attorney -in -Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Matrix HG, Inc.
Business Name
s/
AtArr f hgSo l 01�0
Name/Title
s/
fwt Ntouve r CEu
Name/Title
APPROVED BY C
s/
RtV EPSTE]rI, City Attorney
END OF PAYMENT BOND
City Hall Server Room HVAC Replacement
Approved by City Attorney, dated 03/28/2022
Date
Up to $200,000 Contract
Payment Bond
ATTORNEY -IN -FACT ACKNOWLEDGEMENT
STATE OF Washington )
ss:
COUNTY OF Thurston )
On this day of �� , before me, the undersigned,
a Notary Public in and for the said State, personally appeared Patricia White
I 1�known to me to be the Attorney -in -Fact for i
whose name is subscribed to the within instrument an knowledge to me that she/he execZed e
same.
``111111111/���
`.OQ OEM. FXP O? (ice •�
NOTARY i
N PUBLIC
oa: A -
NO
WA
'F SN1:�`�
CiL
Danielle Enriquez NOTARY PUBLIC
Notary Commission Expires: 2/22/2025
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of Covrt-roi,
On S� IDt Gryt to v Z3 10�74 f_ before me, VD111 QSS� �w11 ill ' Iv 01�
(here insert name and title of the offic 1
personally appeared or S-hms D v1
who proved to me on the basis of satisfactory evidence to be the person() whose name() Woe subscribed to
the within instrument and acknowledged to me that he/whe/they executed the same in hisAlaer/thei -
authorized capacity(Ws), and that by his/laei'/;heir signatureA on the instrument the person4, or the entity
upon behalf of which the personv 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.
*my
VANESSA JASMINE RAMIREZ
Notary Public - California
Contra Costa County
WITNESS my hand and official seal.Commission02439723 Comm. Expires Feb 28, 2027
Signature
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
Title(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing
-- „llllll•I l�iit��iil,Ir,iJnnLII�I}
Method of 5iciner Identification
Proved to me on the basis of satisfactory evidence:
O form(s) of identification O credible witness(es)
Notarial event is detailed in notaryjournal on:
Page # Entry #
Notary contact:
Other
❑ AdditionalSigner(s) ❑ 51gner(s)Thumbprint(5)
m Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
Countyof C0Y1tKcA Cost-" )
On S C Wlbe ti 231-WH before me, lLU VI:QSs�
I (here insert name and title of the office 1
personally appeared AV -V-
I
who proved to me on the basis of satisfactory evidence to be the person(>) whose name(X) is/am subscribed to
the within instrument and acknowledged to me that he/,&he/Uiey executed the same in his/.4er/their
authorized capacity(, and that by his/ber/their signature(s) on the instrument the person(, or the entity
upon behalf of which the person(y) 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. VANESSA JASMINE RAMIREZ
Notary Public - Californta
'� •� Contra Costa County
WITNESS my hand and official seal. .._,� Commission a 2439723
o� My Comm. Expkes Feb 28, 2027
Q4Signature ' P
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority Ware as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ CorporateOfficer(s)
Title(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing
--;1il�Il•It�t�41iI11tr�i�l�i�ill�In
Method of Siqner Identification
Proved to me on the basis of satisfactory evidence:
0 form(s) of identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signef(s) ❑ signer(s) Thumbprlm(s)
v Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form-
Issued in triplicate Performance Bond Bond No: 9461706
Premium included in the performance bond
City of San Rafael ("City") and Matrix HG, Inc. ("Contractor") have entered into a contract, dated
,20 ("Contract") for work on the City Hall Server Room HVAC Replacement
("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and Fidelity and Deposit Company of Maryland, its
surety ("Surety"), are bound to City as obligee for an amount not less than $39,978.00
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:
City Hall Server Room HVAC Replacement Up to $200,000 Contract
Performance Bond
Approved by City Attorney, dated 03/28/2022
Attn: Shannon Alvarez
Address: 9171 Towne Centre Dr, Suite 100
City/State/Zip: San Diego, CA 92122
Phone: 800-321-4696
Fax: 858-452-7530
Email: Shannon.AlvareziWarshMMA.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 19th
2024 . Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: fidelity and Deposit Company of Maryland
Business Name
sl zx 1
Patricia White, Attorney -in -Fact
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Matrix HG, Inc.
Business Name
s/
M h9r1t 7_/t0_d
Name/Title _ A
s/
i�k'Yi' AADDy-Cy C-0
Name/Title
APPROVED BY ICI
s/
ROBER F. EP IN, City Attorney
1
0 f (d zy
Date
END OF PERFORMANCE BOND
City Hall Server Room HVAC Replacement
Approved by City Attorney, dated 03/28/2022
Up to $200,000 Contract
Performance Bond
ATTORNEY -IN -FACT ACKNOWLEDGEMENT
STATE OF Washington )
ss:
COUNTY OF Thurston
On this I� day of aO�v��Q/before me, the undersigned,
a Notary Public in and for the said State, personally appeared Patricia White
"'k
known to me to be the Attorney -in -Fact for k�
whose name is subscribed to the within instrument an acknowledge to me that she/he exe uted the
same.
�\. LE ENR, �ii
Q? M. UP. � •., G �kAN ,f
r • aS
NOTARY -_
N : PUBLIC ' 2
;.A•�
o� oe;. 0
�Ait WASN;���``
fit 1411%
Danielle Enriquez NOTARY PUBLIC
Notary Commission Expires: 2/22/2025
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the indlvldttal who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California )
County of CUy"h","\ CU )
On 23r Z07)4 before me, V01Y19 SA V-AM'W`&"r — NUA--!n Rt.
(here insert name and title of the offi er
personally appeared NAAA- ICI fy\,g 0VA
who proved to me on the basis of satisfactory evidence to be the person(4) whose name($) is/,are subscribed to
the within instrument and acknowledged to me that he/,she/they executed the same in hisQhera4eir
authorized capacity(ie's), and that by his/her/their signature(,6) on the instrument the person, or the entity
upon behalf of which the personM 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.
WITNESS my hand and official seal.
Signature '. "
90my
VANESSA JASMINE RAMIREZ
Notary Public - California =
Contra Costa County 9
Commission # 2439723
Comm. Expires Feb 26. 2027
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
Title(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing
41�t'U•Il1u•iulilQl.fu4gbli
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
O form(s) of identification O credible witness(es)
Notarial event is detailed in notary journal on:
Page S Entry If
Notary contact:
Other
❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s)
® Copyright 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary ublic 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 Cby)tv'�,k C0St2'- )
On S9f1CWetr 2312M before me,VUIRssa P1MI Ma— N01A" P'kb lL ,
(here insert name and title of the officer)
personally appeared ' -t -�\Voye -
who proved to me on the basis of satisfactory evidence to be the personV) whose name(4 is/pm!ssubscribed to
the within instrument and acknowledged to me that he/&he/obey executed the same in his/ber/tbeir
authorized capacity(iesT, and that by his/ber/their-signature(Oon the instrument the person(y); or the entity
upon behalf of which the person(g) 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. om
•s 01 >,F VANESSA JASMINE RAMIREZ
Notary Public . California Z
WITNESS my hand and official seal. Contra Costa County Commission a 2439723
`� a• `My Comm. Expires Feb 28, 2027
SignatureaL
(Seal)
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Tw5tee(5)
❑ Other:
representing:
Ti tle(s)
Name(s) of Person(s) or Entity(ies) Signer is Representing
;,A.,1�_I l•Inin.rnlit r�l: n1�011�ii.
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
O form(s) of identification O credible witness(es)
Notarial event is detailed in notaryjournal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signers) ❑ 5igner(s) Thumbprint(s)
m Copyright 2007-201 B Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies or this form.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARY-LAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert
D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth
on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint
Marta COLLETT, Patricia WHITE, Tim MCCLELLAN, Shannon ALVAREZ, Denielle ENRIQUEZ and Kathleen
VANDERSLICE, all of San Diego, California its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for,
and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in
pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly
executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New
York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in
Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in
Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28th day of February. A.D. 2024.
kill 11W
r v way ,u O%
�PQOg� oo QPON�i�',,
`ai SEAL S= 3 vSEAL�tij�ir`-� va
SEAL y�?
,3\ roc°• s,� %�� �� f�
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
gGl/iL
By: Dawn Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 28th day of February, A.D. 2024, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Genevieve M. Maison
W 2oE�
C3ENEVIEVE M. MAISON _ ��°uBuC- z
NOTARYPUBUC`
otr2i;:
BALTIMORE COUNTY, MD ��`
My Commission EmIres JANUARY 27, 2025
amn�
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 19th day of September , 2024 .
"00 u1114%,, `` ``�anuuw,gr
wsu�.'�., SA com °..
0 �rc �': `P O `S�•'.� �� 0� P O ' tio3�•�':
TO
vSEAL`"c�`
" �,,:vSEAL i, =
_ r°SEALm�
•. Jam......%b . ti r97a,,.
�, .Y~'-»::��QJ�.:
Thomas O. McClellan
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
reportsfclaims(a zurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
am the GHu [title] of '�/1�-I'Y I X 1� �► . 1�/ fi•
[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 California Public Contract Code § 7106 and Title 23 U.S.0 §
112.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on 116 J?a [date], at
c4y)(nrd [city], Cf [state].
s/ 1V161
Mfi
S-h nn, c u✓1
Name [print]
END OF NONCOLLUSION DECLARATION
City Hall Server Room HVAC Replacement Up to $200,000 Contract
Noncollusion Declaration
Approved by City Attorney, dated 3/28/2022
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
NO.
ITEM DESCRIPTION
EST. QTY.
UNIT
UNIT
COST
EXTENDED
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.
City Hall Server Room HVAC Replacement
Approved by City Attorney, dated 3/28/2022
Up to $200,000 Contract
Bid Schedule
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
City Hall Server Room HVAC Replacement
Approved by City Attorney, dated 3/28/2022
Up to $200,000 Contract
Bid Schedule
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 ' CALIFORNIA LOCATION OF DIR REG. NO. PERCENT
OF WORK NAME CONTRACTOR BUSINESS OF
LICENSE NO. WORK
END OF SUBCONTRACTOR LIST
1 For street or highway construction this requirement applies to any subcontract of $10,000 or more.
City Hall Server Room HVAC Replacement Up to $200,000 Contract
Subcontractor List
Approved by City Attorney, dated 3/28/2022
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
OF WORK
SUBCONTRACTOR
NAME
CALIFORNIA
CONTRACTOR
LICENSE NO.
LOCATION OF
BUSINESS
DIR REG. NO.
PERCENT
OF
WORK
Rigging
Precision Crane
440078
Windsor, CA
1000013875
3%
END OF SUBCONTRACTOR LIST
For street or highway construction this requirement applies to any subcontract of $10,000 or more.
City Hall Server Room HVAC Replacement Up to $200,000 Contract
Subcontractor List
Approved by City Attorney, dated 3/28/2022
RAFq�`
�1
i 2
yo
/Ty WITH t �
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: Shannon Mackie (for Ryan Montes) Extension: 3353
Contractor Name: Miksis Services Inc (dba Rapid Rooter)
Contractor's Contact: Gary Miksis Contact's Email: admin@unplugu.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
PStep RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
8/6/2024
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑X SM
2
City Attorney
a. Review, revise, and comment on draft agreement
9/11/2024
and return to Project Manager
9/11/2024
❑X NT
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
0 NT
3
Department Director
Approval of final agreement form to send to
9/11/2024
❑X AM
contractor
4
Project Manager
Forward three (3) originals of final agreement to
9/12/2024
IXJ
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑X 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
10/7/24
SM
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
101(612N
�.0
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager / Mayor
Agreement executed by City Council authorized
official
10
City Clerk
FAtrtwest signatures, retains original agreement and
ards copies to Project Manager