Loading...
HomeMy WebLinkAboutPW Energy Effecient Lighting; Waiver of Competitive Biddingl e, To: From: cc: Date: Subject: Jim, SAN RAFAE L THE CITY WITH A MISSION Jim Schutz, Bill Guerin Cory Bytof ]man Kayani Lisa Goldfien October 1, 2021 Contract for Energy Efficient Lighting at Boro and DPW Iman, Lisa, and I have finalized a contract for your or Bill's signature for replacement of lighting, fixtures, and controls at the Albert J Boro Center and Public Works Corps Yard with Lead Efficiency Consulting, LLC. This memo is to request your approval of a waiver of competitive bidding on this contract. This is a sole source contract based on special circumstances. This project is coordinated through and funded through a joint effort by MCE Clean Energy and Pacific Gas and Electric through MCE's sole sourced 3rd Party Implementer, TEAA. These projects allow for incentives from the energy utilities as well as 0% on -bill financing, which makes them doable given our budget constraints. This project has a 6 year payback with essentially no financial cost to the City, and significant ongoing savings on our energy bill thereafter. Lisa and I discussed the rationale for sole source, and this meets the definition of 11.50.090 — Exception to bidding requirement— Waiver due to at least two considerations: Limitations on the source or scope and nature of the contract are such that no more than one contractor is available to meet the technical specifications and/or quality considerations of this project. Rationale: MCE Clean Energy and PG&E have specific requirements for on -bill financing (OBF) and energy efficiency incentives, including strict technical, data, and financial analysis requirements that very few 3rd party implementers and their contractors can accommodate. MCE utilizes this sole Yd party Implementor, TEAA who uses this lighting contractor to ensure the technical specifications are met, as required for the incentives and OBF. 2. There would be no competitive advantage to requiring bidding for the contract. Rationale: Since the contractor and implementer have to wok closely with MCE Clean Energy and MCE Clean Energy is supporting the project and this is their chosen implementer, bidding would require several extra steps and coordination. TEAA has worked with MCE Clean Energy and the County of Marin on other projects throughout the County and has the expertise and experience to meet all their requirements. Although this section refers to the City Council since this is a minor public works project under $175,000 the Public Works Director and/or City Manager have award authority and should approve the waiver. If the waiver of bidding meets your approval, Lisa recommends that you please sign and return to Iman for incorporation into the contract file. Thank you very much, Approved on •u 16--r- t� CITY OF SAN RAFAEL Department of Public Works 111 Morphew Avenue San Rafael, CA 94901 Public Works Contract for Projects up to $175,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Lead Efficiency Consulting, LLC (Contractor"), a corporation authorized to do business 'n California, for work on the City's Energy Efficient Lighting project ("Project"), and is effective n , 201C-94("Effective Date"). J e,,,Pzl 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 Page 1 Approved by City Attomey, 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 hfps://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 Page 2 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 Page 3 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 Page 4 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 d7spose 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 Page 5 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.Guedn ancityofsanrafael.org Contractor: Address: 14396 St. Marys Ave City/State/Zip: Red Bluff, CA 96080 Phone: (530) 840-4455 Attn: Michael Ward Email: mikeAlecled1.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: s� Ji C Attest: Lindsay Lara, City Clerk Date: �q b -q .1 / Approved as to form: s/ Robert F. Epstein, City Attorney Date: Q�2gTz i CONTRACTOR: kfal 6; r c r le C D✓t S L.%- / I Date: gZ/Y/Z / Date: t Seal: 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 Attomey, dated 02/27/2020 Exhibit A SCOPE OF WORK Up to $175,000 Contract Scope of Work Approved by City Attomey, dated 02/27/2020 Z O C�o U tn CO) O O E Q 0 Q O w W a � V A OUJ 0 «. U U Q cu�� Q E W (n N ED CO) ' `n U V U 0 S LU w } W 0 w W FC%l 4 N O clW U � U C U � W a d C d U a E E O U O O m � CF) Q U a a o p c m U � �Q N C O V N O C7 c N L N U a0 ;Z a v p W W t: O W CL CL Ir m 0 a A w N N N N Ci m p O O m QI m m m r m r O m n O - C R• a S N h w w w w w w w w w w w v EL m N umi c o m mm N c O•ca U d U VnI ONi tm/I N w m w UmI N w m w r w Q •r - c w w w w N N fl Ln € yO O o a 0 O a O O a O O O a 0 0" (7 H o 0 a 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 a 6 YO d N m p� n j m D1 m o R u0 O fA n ¢ m m e r c cmi N m c 7 O w O.2 0> 0 0 0 o a n n o 0 0 0 0 n O.C7 A U) 0 0 0 a o o a 0 a 0 a a a a 0 0 0 0 0 0 a a 0 0 0 0 C O a a O O O O O O a O O O � a Y N Z O F tL _ W 3 d d C = = W W W W W W = d W J W J Z w O p, W W J a J e J c J o J o a J a J e O W W 3 a J L P L B t L t L t J S L S L C N diii O O C pl C OI C pl C p� C OI C CI C pl � W {L S.0 C p1 #J O {, U m C C y A -L Ol m m Z d N Q Z d d N Z m L Z d Q W Z 0 N A Z 0 a C d Z d Z m a Q O G 3 Q Q a Q a Q a a? Q C LU x z ee ee ee ge o ee _2 z d Li. LL a C o d d LL' m d N K L m W d d W an d LL' d N d K u b m � m W m DC7 �(7 DC7 mC7 DC7 �(7 DC7 Z L mIt a: it YI C O1 OI s CI OI O1 OI � C OI OI a OI OI OI J Cl)O J J J Cl)♦� VI U O N N N N N N N UN N N N N N m u 5 5 5 5 5 5 5 5 5 5 5 0 U U U U U U U U U U U U U a u w _ z w C xYI W O o W 9 am a O O O O o O O O O O a a e O 'T 'r d �. O� gn .- r c •- •- c C = O CL I a E E O U E Y o m N J _ J J Q w J J C o l( J J 9 LL C Q J U J U N LL til LL N LL [7 LL = N IL N LL = LLl N N LL N LL 17 W _J LL IL U D d C v `m to E (7 c U_' y u c N E o N m A N H o N m d a a tm o S S a 8 m N fl U O mW G m m r m m v tri C N N P nPI Imo N 1� N ri N m O Q O u d n to 41 IL � m m O.« N O Imo fm0 m O rl m r m OI m O m A M IC A .. 4 m m m P P m m t7 m r P O. C nj N O m N Ol P O ~ ZP.. C! G Cj C c Fy Fy-- N > N y e z o U Z U O °: m INiI € m o m o 0 0 v o 0 o O 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 > n N CI F U O E m p < W W m m U d (7 N $ co N N O Q > J 5 FF `o a Urx O. $ m O Z N } N N r N V t'I N Imo �O p > IC �% W � C C O N N UI m d C a A c € m a m m G m m C u Y m O O O O O O O O O O O J ~ C W cL t7 N o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 o o m m c u� 0 o c o 0 0 0 0 o c o Q a 3 yam N rl N 00 F v O> o O O y m O m t9 P c y G It a d z Y m T A � N C d d p W = W W J W J W J Wtl1 J a >� Q C j O oO EL W J W J W J J 0C W J `O C 0 C O 01 s C O d 0 A r O a NN C O •C O O Bxx O B L J B t OI a L 01 B r C OI B L C OI B r S.0 N 0 ap�a�� Wy 0 Wy m _xWx,C1� IyY u Sm C O A 1C1 5 d U A N A 71D lO j z L z m z z m Z m z O. ~.. j j Z j ani o> o o c o q u 1 _ 0 �@ N p _L° N d SLo p d W d N d W d m p m LL O b S ¢ d a K d K y K v ¢ c K y F c•- a oto m(9 g'p cp �� cU Lu E zy ,♦\ C Cm L m Of t al L rn L rn L rn L a J` O E 'o j �s m � c c 0 � 1111 m ) Q1 - r m N N N N N N N N O ul U c a I 1 C y m 3 m I N m N r N INO r IN•I IPn Z O YI Ul p, I C o a > m N I I m j m v 3 I{ ►- I n m O N o o 0 0 0 0 0 o 0 n 0 o 0 0 0 0 0 0 0 o o r IO 00 7 0 M v � d N V W m 0 H F � T � O O J O J J J J J J O N \♦\ ��\',� C IG IPL O N IPL lV LL N IPL N 171. N IPL lQ LL m W m \\\\ -� \ 0 0 0 0 0 o a o 0 0 0 0 $ 0 0 o c c o 0 0 o 0 a C O Q a�i OIQL fro A lV t p C p m ~ A r a L a O ury A O.O L m m C C a J q n 3 0 0 0 v u)rc 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, rebate/incentive 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 shell 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 Customer's 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: (t) 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. 5. 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 copduct 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 Customers 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: (1) 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 -G/5517 -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 pert 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 (i) 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. Automated Document — Preliminary Statement Part A Form 79-1194 Advice 4085 -G/5517 -E April 2019 16. Loan Particular. This table is to be comaleted by PG&E Total Cost Incentive Customer Loan Balance' Monthly Payment Tenn Number of Buy- Down (months) Payments (/fapplicable) $ 186,496.00 $ 24,320.35 $ - $ 1611175.65 $ 2,558.34 63 63 Check Made Payable to Customer d or Contractor a (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 S. Customer I Federal Tax ID or Social Security #. Contractor 94-6000424 PG&E Account 1F / Service Agreement# 9087543148/9089288668 71 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: 012552 Customer Address (For OBF Check Delivery) Contractor Address (For OBF Check DeWM) City of San Rafael ATTN: Jim Schutz 1400 Fifth Ave San Rafael CA 84901 Name and Title of Authorized Representative of Customer Name end Title of Authorized Representative of contractor Jim Schutz, City Manager S 4ture of 0todze Rep sante! fCuusstomer Date 0 22/20021 ACCEPTED: Pacific Gas and Electric Company By Date PG&E On -BID Financing Authorized Representative Address: On -Bill Financing Program Mail Code N6G Pacific Gas and Electric Company PO Box 770000 San Francisco, CA 94177-0001 1 The Loan Balance shall not exceed two -hundred fitly thousand dollars (S250,000), 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 (54,000,000). 2 The loan term in months will be established by PG&E at the lime of the OBF Loan Agreement initiation. The maximum loan term shall be one hundred and twenty (120) months. Automated Document — Preliminary Statement Part A Form 79-1194 Advice 4085 -G/5517 -E April 2019 "n m as 3 3 G C Q Q q. N �> lot im D Q �Cl O to m Oo r b N fA0 03 N A m n °f 0 a a y N n W Dy O i OI C n N m q A zC) m v Ch U1 y N 9 m im Q Al Oo D m b N fA0 03 N A m n °f 0 3 0 In N m 0 �m � I 0 a a ,y n D y O ' m 1A go m 0 y rbc 92 `Igo Wil' a�y C� to r p ZQ it ll a y -=o� g bL m n to r p 0 a y -=o� g o m n CZ CIO n w 3. N y -0 1 3 o 4 pia o CD 3 = z co fm D m r o N Z1 2 -i en Z m r Exhibit B BONDFORMS Required for contracts 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"). 1. 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. 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: 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 Attomey, dated 02/27/2020 7. 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 Name/Title s/ Namef 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"). 1. 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. 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 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 8. 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: 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: 4 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: 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 fox 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. 1 declare under penalty of perjury under the laws of t e ate California that the foregoing is true and corre an thaWf�islaration is ex cuted on CP [date], at GG��KK� [city], [state], S/ V1, -�:> � J Jr N me [print] END OF NONCOLLUSION DECLARATION Up to $175,000 Contract Noncollusion Declaration Approved by City Attamey, dated 227/2020 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 Attomey, dated 2/27/2020 This Bid Proposal is hereby submitted on s/ sl Company Name Address City, State, Zip Contact Name 'To] 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,I 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 I SUBCONTRACTOR I CALIFORNIA I LOCATION OF DIR REG. NO. PERCENT OF WORK NAME CONTRACTOR BUSINESS OF LICENSE NO I 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 " RAF,q�! 1, � y0 r�rrWITH p'l`y 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: [man 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 DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a elate b. Email contract (in Word) and attachments to City 5/4/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org NIKK 2 City Attorney a. Review, revise, and comment on draft agreement 5/5/2021 N LG and return to Project Manager 5/5/2021 ❑x LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 5/5/2021 N BG contractor 4 Project Manager Forward three (3) originals of final agreement to 5/5/2021 NIKK contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑D N/A agendized for City Council approval * *City Council approval required for Professional 5ervices NIKK 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 9/27/2021 IKK Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed q / agreement / 8 City Attorney Review and approve insurance in PINS, and b90cls p,/�2) (for Public Works Contracts) Will 7 9 City Manager / Mayor Agreement executed by City Counci authori ed official✓� 10 City Clerk Attest signatures, retains original agreement and r""11 forwards copies to Project Manager 0 7 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 CB Extension: 3352 Contractor Name: Lead Energy Consulting, LLC Contractor's Contact: Mike Ward Contact's Email: mike@lecledl.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click _ ere to ❑ enter a date. b. Email contract (in Word) and attachments to City 10/1/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org ©IKK 2 City Attorney a. Review, revise, and comment on draft agreement Click here to and return to Project Manager enter a date. ❑ b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor enter a elate. ❑ 3 Department Director Approval of final agreement form to send to Click or tap ❑ contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to PRINT Project Manager Date of City Council approval enter a date CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney 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 I official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager