HomeMy WebLinkAboutPW Grand Avenue Pathway Connector Project; 4th Amendment____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-1-726, 4-3-737, 4-3-738
Council Meeting: 08/06/2018
Disposition: Resolution No. 14557, 14558, 14559
Agenda Item No: 5.b
Meeting Date: August 6, 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: ________
File No.: 18.06.59
TOPIC: GRAND AVENUE PATHWAY CONNECTOR PROJECT
SUBJECT: ADOPTION OF RESOLUTIONS RELATED TO THE GRAND AVENUE
PATHWAY CONNECTOR PROJECT, CITY PROJECT NO. 11173:
1. RESOLUTION REJECTING THE BID PROTEST FROM GHILOTTI CONSTRUCTION
COMPANY AND AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONSTRUCTION AGREEMENT FOR THE GRAND AVENUE PATHWAY CONNECTOR
PROJECT TO VALENTINE CORPORATION IN THE AMOUNT OF $1,776,870, AND
AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $241,802, FOR A TOTAL
APPROPRIATED AMOUNT OF $2,018,672.
2. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND CIVIL ENGINEERING,
INC. FOR INSPECTION SERVICES ASSOCIATED WITH THE GRAND AVENUE
PATHWAY CONNECTOR PROJECT, IN THE AMOUNT OF $146,328.
3. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
FOURTH AMENDMENT TO THE AGREEMENT WITH SIEGFRIED ENGINEERING, INC.
FOR CONSTRUCTION SUPPORT SERVICES ASSOCIATED WITH THE GRAND
AVENUE PATHWAY CONNECTOR PROJECT, IN THE AMOUNT OF $40,000, FOR A
TOTAL CONTRACT NOT-TO-EXCEED AMOUNT OF $348,737.
RECOMMENDATION: Adopt the resolutions for the Grand Avenue Pathway Connector
Project.
BACKGROUND: Grand Avenue and Francisco Boulevard East form the primary corridor for
residents living in the Canal Neighborhood, the most densely populated area in Marin County, to
access the San Rafael Transit Center, SMART station, Montecito Plaza, and San Rafael High
School. Local street connections between the Canal Neighborhood and the rest of the City are
severely limited by the constraints of the San Rafael Canal waterway, the existing Grand
Avenue Bridge, Highway 101, and Interstate 580. The Grand Avenue Pathway Connector
Project (“Bridge Project”) will fill a significant bicycle/pedestrian safety gap within a major north-
south corridor and will successfully link to other recently constructed bicycle/pedestrian
improvements on both Grand Avenue and Francisco Boulevard East.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The Bridge Project will install a 12-foot-wide bicycle/pedestrian bridge immediately east of the
existing vehicular bridge along Grand Avenue over the San Rafael Canal waterway and will link
to the recently completed widened sidewalk at the intersection of Second Street at Grand
Avenue. Furthermore, the Bridge Project will link to the future widened sidewalk along Francisco
Boulevard East, planned for construction in 2020, thus providing a seamless bicycle/pedestrian
facility from Downtown to the Canal Neighborhood that will greatly improve safety and
connectivity in East San Rafael.
This project has been a long-standing, high-priority project for the San Rafael City Council. It
moved from concept to design in April 2011 when the City received a $200,000 grant from the
Association of Bay Area Governments to begin developing construction documents. Over the
course of several years, City staff pursued construction funding for the Bridge Project through
various grant opportunities, none of which resulted in construction funding being awarded. In
2017, staff worked closely with the Transportation Authority of Marin (TAM) to identify
construction funding for the Bridge Project. The City has secured construction funding
consisting of federal (i.e., Congestion Mitigation and Air Quality) and regional monies.
Following extensive review by Caltrans staff, the Bridge Project was determined to have no
significant effect on the environment and is categorically exempt under National Environmental
Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements.
ANALYSIS: In addition to the actual construction contract, limitations on staff resources will
require staff to obtain outside contractors to perform certain services needed for completion of
the Bridge Project. Therefore, staff is recommending that the City Council approve three
separate agreements, as set forth below.
1. Resolution re Award of Construction Contract
The project was advertised in accordance with San Rafael’s Municipal Code on May 25,
2018, and on June 28, 2018 at 10:00 AM the following bids were received and read
aloud:
BIDDER AMOUNT
Valentine Corporation $1,776,870
Ghilotti Construction Company $1,788,715
Thompson Builders
Corporation
$1,831,190 *
Granite Construction $2,096,995 *
* No DBE material submitted with these bids – Bidders
are therefore disqualified
Valentine Corporation was initially found to be the low bidder, however, following the bid
opening, City staff discovered a mathematical error in their bid tabulation. This error was
deemed negligible, and Valentine Corporation accepted the corrected, and even lower,
bid amount, and authorized City staff to proceed to award the construction agreement
with this lower base bid amount.
The Bridge Project is partially supported by federal funding, and as such, requires prime
contractors to either meet the City’s Disadvantaged Business Enterprises (DBE’s)
participation goal or, if they do not meet the goal, show that they made a good faith effort
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
to solicit DBE’s to participate. A DBE is a for-profit small business that is at least 51%
owned and managed by one or more socially and economically disadvantaged
individuals.
Following the bid opening, the City received a protest from the second low bidder,
Ghilotti Construction Company contesting that the low bidder, Valentine Corporation, did
not make a good faith effort to secure subcontractors or material suppliers who are
DBE’s, citing that Valentine Corporation achieved 2.52% DBE participation, but did not
meet the City’s goal of 6%. Ghilotti Construction achieved the goal with 6.2% DBE
participation. The third and fourth low bidders submitted no DBE paperwork, which
automatically deems their bids nonresponsive.
Following the bid opening, City staff reviewed the bids for compliance with the contract
documents, including that the eleven step process to demonstrate good faith efforts was
performed by the low bidder, Valentine Corporation. The protest of the second low
bidder, Ghilotti Construction Company, centers around a business decision made by the
low bidder to reject the bids of a particular DBE for two items of work in favor of a lower
bid from a non-DBE subcontractor on one item and doing the work itself on the other
item. Staff has concluded that this was a reasonable business decision given the bid
amounts, and does warrant a finding that the low bidder did not make the required good
faith efforts. To the contrary, staff has concluded that while Valentine Corporation did
not meet the City’s DBE goal, it did provide proof that it made a good faith effort to solicit
DBE bids. Since the low bidder made a good faith effort to solicit DBEs, and in fact has
five other DBE subcontractors and/or material suppliers ready to work on this project, it
is staff’s recommendation that Council reject the bid protest and award the contract to
the low bidder, Valentine Corporation.
This project is identified in the Capital Improvement Program. The construction bids
have been reviewed by Public Works staff and found to be responsive and the contractor
responsible. The low bid is from Valentine Corporation ($1,776,870). In addition, staff is
seeking $241,802 for contingencies for a total construction budget of $2,018,672. The
recommended resolution awards the construction contract to Valentine Corporation.
2. Resolution re Agreement with Coastland Civil Engineering, Inc. for Inspection Services
Managing construction throughout the duration of the Bridge Project will require
inspection services to review contractor work and manage coordination between utility
companies and private property owners. At this time, Public Works does not have the
staff resources or the specialized knowledge in bridge construction to dedicate a field
inspector to this project.
On May 25, 2018, Public Works solicited Statements of Qualifications, including billing
rate schedules, for inspection services. Three Statements from qualified firms were
received on June 15, 2018. All were evaluated by City staff based on criteria specified in
the Request for Qualifications including, but not limited to, understanding of the work to
be done, previous experience with similar projects, qualified personnel, and familiarity
with City standards and the local area. Staff recommends Coastland Civil Engineering
as the most qualified consultant for this project.
Coastland Civil Engineering has submitted a proposal to perform the inspection services
in an amount not to exceed $146,328; and staff has reviewed the proposal and has
found it to be complete and within industry standards.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
The recommended Resolution would authorize the City Manager to execute a
professional services agreement with Coastland Civil Engineering for the required
inspection services, in an amount not to exceed $146,328.
3. Resolution re Agreement with Siegfried Engineering for Engineering During Construction
Siegfried Engineering previously performed design services for the project and staff
proposes to retain Siegfried Engineering to provide construction support. Having the
design consultant available through construction will expedite the completion of the
project, and allow the designer to review material submittals, make minor adjustments to
the construction documents, attend meetings, and respond to detailed questions asked
by the general contractor.
The proposed resolution authorizes the City Manager to execute a Fourth Amendment to
the existing professional services agreement with Siegfried Engineering to include the
additional construction support services, in an additional amount not to exceed $40,000,
bringing the total contract amount to $348,737.
PUBLIC OUTREACH: Public Works staff held several meetings and outreach events over the
past several years during the design phase of the project to inform the public about the bicycle
and pedestrian improvements on Grand Avenue between Second Street and Francisco
Boulevard East. Presentations were made in English and Spanish at the following dates and
locations:
• June 27, 2012 – Public Meeting at Albert J. Boro Community Center
• May 27, 2015 – Sidewalk Intercept Presentation at Montecito Plaza Shopping Center
• May 27, 2015 – Presentation at San Rafael Community Center on B Street
• May 30, 2015 – Informational booth at Pickleweed Park
Other Public Notifications
• This project is noted in the City’s Capital Improvement Program from 2013 to 2018
• City staff has presented project updates to the Bicycle Pedestrian Advisory Committee
for the last few years, including the August 1, 2018 meeting
If the City Council approves this project to proceed, Public Works will renew outreach by
contacting affected neighbors, businesses, and other groups to ensure that the public is aware
of the upcoming construction project. This will be done using various social media channels,
the City website, and changeable message signs near the project site.
FISCAL IMPACT: To date, the City has made significant investments in this capital
improvement project preparatory to the proposed award of a construction contract before the
City Council. From project inception in 2011 through February 2018, the City has spent
$273,953 associated with the planning and design, of which $200,000 was offset by grant
funding from the Association of Bay Area Governments.
Over the past several years, the City has diligently coordinated with property owners on both
sides of the San Rafael Canal where the proposed pedestrian bridge will be located. In October
2016, Council approved the purchase of the former Marin Motors site at 750 Grand Avenue on
the north side of the Canal while in February 2018 the City acquired a portion of the Toyota
Marin property on the south side of the Canal. To date, $840,158 has been spent related to
property acquisition and temporary construction easements. None of the expenses associated
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
with property acquisition and easements are reimbursable through grant funding obtained for
this project.
The remaining expenses are associated with construction, the funding for which is in large part
due to the financial assistance from the Transportation Authority of Marin (TAM). TAM located
the $1,000,000 federal grant as well as contributed Measure A funds. The balance of
construction funding will come from the Federal Funds distributed through TAM.
Staff recommends that Council authorize three proposed contracts with associated budgets as
follows:
1. Construction agreement with Valentine Corporation in the amount of $1,776,870 with a
contingency amount of $241,802;
2. Inspection services agreement with Coastland Civil Engineering in the amount of
$146,328; and
3. Construction support amendment with Siegfried Engineering in the amount of $40,000.
The following tables summarize the project budget as it relates to construction only:
Project Budget:
Construction Funding Sources Allocation
Federal Grant (i.e., CMAQ) $1,000,000
Grant - Measure A: Local Roads 2015/16 $245,725
Grant - Measure A: Housing Incentive Program $196,000
Grant - Measure A: Safe Pathway Fund 2015/16 $107,000
Federal Funds (distributed through TAM) $681,275
Total Available Funds $2,230,000
Expenses:
Construction Expenses Am ount
Construction Award
Contract Amount $1,776,870
Contingency** $241,802
Total Construction Award $2,018,672
Other Construction Expenses
Special Inspections/Materials Testing $25,000
Field Inspection Services $146,328
Construction Support Services $40,000
Total Other Construction Expenses $211,328
Total Estimated Construction Expenses $2,230,000
Complete Project Expenses Summary:
Project Expenses Amount
Design/Planning (expended to date) $273,953
Private Property Acquisition (expended to date) $840,158
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
Estimated Construction Expenses (proposed above) $2,230,000
Total Project Costs $3,344,111
** Additional contingency is requested for this project based on unknown factors which may
arise in the field associated with performing specialty bridge work over an open body of water.
OPTIONS:
The City Council has the following options to consider relating to this matter:
1. Adopt all three resolutions as presented.
2. The Council may decline to approve one or more of the three contracts identified above.
Depending on the type of contract in question, City staff can solicit additional proposals
for inspection and/or construction support services or rebid the construction contract. If
this option is chosen, soliciting new proposals or re-bidding the project will delay
construction by approximately two months.
3. The Council may decline to approve any of the three contracts identified above and
provide staff with additional direction. Depending on the type of contract in question, the
City may forfeit $1,000,000 in federal funds should the City not move forward with
construction.
RECOMMENDED ACTION: Staff recommends that the City Council:
1. Adopt the resolution rejecting the bid protest from Ghilotti Construction Company, and
award and authorize the City Manager to execute the construction agreement with
Valentine Corporation in the amount of $1,776,870.
2. Adopt the resolution authorizing the City Manager to execute a professional services
agreement with Coastland Civil Engineering for inspection services in an amount not to
exceed $146,328.
3. Adopt the resolution authorizing the City Manager to execute an amendment to the
professional services agreement with Siegfried Engineering for construction support
services in an amount not to exceed $40,000, increasing the total not to exceed amount
under the agreement to $348,737.
ATTACHMENTS:
1. Resolution rejecting the bid protest from Ghilotti Construction Company, and awarding
and authorizing the City Manager to execute the construction agreement with Valentine
Corporation
a. Exhibit 1 to Valentine Resolution: Agreement with Valentine Corporation
2. Resolution approving and authorizing the City Manager to execute a professional
services agreement with Coastland Civil Engineering for inspection services
a. Exhibit 1 to Coastland Resolution: Agreement with Coastland Civil Engineering
3. Resolution approving and authorizing the City Manager to execute an amendment to the
professional services agreement with Siegfried Engineering for construction support
services
a. Exhibit 1 to Siegfried Resolution: Fourth Amendment to Agreement with Siegfried
Engineering
RESOLUTION NO. 14557
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REJECTING THE BID PROTEST FROM GHILOTTI CONSTRUCTION COMPANY
AND AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION AGREEMENT FOR THE GRAND AVENUE PATHWAY
CONNECTOR PROJECT TO VALENTINE CORPORATION IN THE AMOUNT OF
$1,776,870, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF
$241,802 FOR A TOTAL APPROPRIATED AMOUNT OF $2,018,672
WHEREAS, on the 28th day of June 2018, pursuant to due and legal notice published in
the manner provided by law, inviting sealed bids or proposals for the work hereinafter
mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of
the City Clerk of the City of San Rafael, California, the Cit y Clerk of said City did publicly
open, examine, and declare all sealed bids or proposals for doing the following work in said City,
to wit:
“Grand Avenue Pathway Connector Project”
City Project No. 11173
in accordance with the plans and specifications therefore on file in the office of the City Clerk;
and
WHEREAS, the bid of $1,776,870.00 from Valentine Corporation at the unit prices
stated in its bid, was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder; and
WHEREAS, staff has recommended that the project budget include a contingency
amount of $241,802; and
WHEREAS, on July 12, 2018 the City received a bid protest from Ghilotti Construction
Company requesting that the low bidder be disqualified for not complying with the bid
documents related to securing Disadvantaged Business Enterprises, and
WHEREAS, city staff has made a thorough review of the low bidder’s submitted bid
information, and
WHEREAS, City staff has determined that the low bidder has made a “Good Faith
Effort” to secure Disadvantaged Business Enterprises as specified in the bid documents and
applicable law, all as more particularly set forth in the staff report to the Council for this
resolution; and therefore recommends that the bid protest from Ghilotti Construction Company
be rejected as unmeritorious; and
WHEREAS, the Council finds that this project is categorically exempt from
environmental review under the California Environmental Quality;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The plans and specifications for the Grand Avenue Pathway Connector Project,
City Project No. 11173, on file in the office of the City Clerk, are hereby
approved.
2. The bid protest filed by Ghilotti Construction Company, the second low bidder,
on July 12, 2018 is hereby rejected for the reasons set forth in the City Council
staff report for this resolution.
3. The bid of Valentine Corporation is hereby accepted at the unit prices stated in its
bid, and the contract for said work and improvements is hereby awarded to
Valentine Corporation, at the stated unit prices.
4. The City Manager is authorized and directed to execute the contract with
Valentine Corporation in a form attached hereto as Exhibit 1, subject to final
approval as to form by the City Attorney, and to return the bidder’s bond upon the
execution of the contract.
5. The City Council approves and appropriates Federal Funds distributed through
TAM (Transportation Authority of Marin) to cover the expenses for this project.
6.Funds totaling $1,000,000 will be appropriated for this project from the
Congestion Mitigation and Air Quality (CMAQ) grant.
7.The City Manager is hereby authorized to take any and all such actions and make
changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Monday, the 6th day of August, 2018 by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & McCullough
COUNCILMEMBERS: None
COUNCILMEMBERS: Mayor Phillips
LINDSAY LARA, City Clerk
AGREEMENT • 1
City of San Rafael California
Agreement for
Grand Avenue Pathway Connector Project
City Project No. 11173
This Agreement is made and entered into this _____ day of ________ 2018 by and between the City of San Rafael
(hereinafter called City) and Valentine Corporation (hereinafter called Contractor). Witnesseth, that the City and
the Contractor, for the considerations hereinafter named, agree as follows:
l - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to
perform all of the work described in the specifications for the project entitled: Grand Avenue Pathway Connector
Project, City Project No. 11173, all in accordance with the requirements and provisions of the Contract Documents
as defined in the General Conditions which are hereby made a part of this Agreement. The Contractor further agrees
to abide by the federal minimum wage rates and Required Contract Provisions for Federal-Aid Construction
Contracts attached hereto as Attachments A and B, respectively.
lI- Time of Completion
(a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the
date of written notice by the City to the Contractor to proceed.
(b) All work shall be completed, including all punchlist work, within Ninety-five (95) Working Days and with
such extensions of time as are provided for in the General Provisions.
llI - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of working
days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracti cable and
extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by
reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,000 for each
and every calendar day’s delay in finishing the work in excess of the number of working days prescribed above; and
the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may
deduct the amount thereof from any moneys due or that may become due the Contractor under the contract.
lV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total
number of each of the units of work in the following schedule completed at the unit price stated. The number of
units contained in this schedule is approximate only, and the final payment shall be made for the actual number of
units that are incorporated in or made necessary by the work covered by the Contract, provided that the total
compensation under this Contract shall not exceed the Grand Total Bid written below unless a written amendment is
executed by the City and the Contractor.
ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL PRICE
1 Mobilization (3% Max) (18-2) 1 LS @ $53,000.00 = $53,000
2 Signs and Traffic Control (18-3) 1 LS @ $154,725.00 = $154,725
3 Clearing and Grubbing (18-5) 1 LS @ $250,000.00 = $250,000
4 Hot Mix Asphalt (18-07) 150 Ton @ $525.00 = $78,750
5 Minor Concrete (18-8)
a. Type A Curb and Gutter 350 LF @ $98.00 = $34,300
AGREEMENT • 2
ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL PRICE
b. 4” Thick PCC Sidewalk 4,100 SF @ $11.00 = $45,100
c. 8" Thick PCC on Vehicle Bridge 1,250 SF @ $28.00 = $35,000
d. 6” Tall Retaining Curb 50 LF @ $45.00 = $2,250
e. Sidewalk Retaining Wall 165 LF @ $252.00 = $41,580
6 Cast-in-Place Concrete (18-9)
a. Bridge Approach Retaining Wall
(Sheet S1.2, Detail 2) 80 LF @ $230.00 = $18,400
b. Bridge Approach Retaining Wall
(Sheet S1.2, Detail 2A) 30 LF @ $540.00 = $16,200
c. Concrete Abutments 2 EA @ $22,000.00 = $44,000
d. Barriers and Handrailing
i. Type 26 Barrier with Handrailing 260 LF @ $350.00 = $91,000
ii. Type 732 Barrier with Handrailing 260 LF @ $320.00 = $83,200
7 Precast Abutment Piles (18-10) 12 EA @ $10,000.00 = $120,000
8 Prefabricated Pedestrian Bridge (18-11) 1 LS @ $450,000.00 = $450,000
9 Cable Railing, Posts, and Miscellaneous
Steel (18-12) 1 LS @ $21,000.00 = $21,000
10 Electrical Systems (18-13) 1 LS @ $165,000.00 = $165,000
11 Bollards (18-14) 2 EA @ $2,000.00 = $4,000
12 Roadside Signs (18-15)
a. Relocate Existing Sign to New Post 3 EA @ $135.00 = $405
13 Traffic Stripes and Pavement Markings
(18-17)
a. Detail 9 Stripe (Thermoplastic) 500 LF @ $4.25 = $2,125
b. Detail 22 Stripe (Thermoplastic) 500 LF @ $7.00 = $3,500
c. 4” White Stripe (Paint) 350 LF @ $13.00 = $4,550
d. Paint Curb Red 700 LF @ $3.75 = $2,625
e. Install 6” x 4’ Wheel Stops 16 EA @ $120.00 = $1,920
14 Landscape Improvements (18-18) 1 LS @ $2,500.00 = $2,500
15 Methacrylate Resin Treatment
a. Prepare Concrete Bridge Deck
Surface* 9700 SF @ $2.25 = $21,825
b. Treat Bridge Deck* 9700 SF @ $1.85 = $17,945
c. Furnish Bridge Deck Treatment
Material (low odor) 90 GAL @ $133.00 = $11,970
GRAND TOTAL BID: $1,776,870.00
AGREEMENT • 3
V - Progress Payments
(a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate
covering the total quantities under each item of work that have been completed from the start of the job up to
and including the 25th day of the preceding month, and the value of the work so completed determined in
accordance with the schedule of unit prices for such items together with such supporting evidence as may be
required by the City and/or Contractor.
(b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments
made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department.
(c) The Contractor may elect to receive 100% of payments due under the contract from time to time, without
retention of any portion of the payment by the public agency, by depositing securities of equivalent value with
the public agency in accordance with the provisions of Section 22300 of the Public Contract Code. Such
securities, if deposited by the Contractor, shall be valued by the City’s Finance Director, whose decision on
valuation of the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer
shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the
Contract fully performed, he will promptly issue a Notice of Completion, over h is own signature, stating that
the work required by this Contract has been completed and is accepted by him under the terms and conditions
thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid
to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of
said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the City Engineer that all
payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of
disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where
such payment has not already been guaranteed by surety bond.
(c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before
the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than
those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after
final payment; (3) requireme nts of the specifications; or (4) manufacturers’ guarantees. It shall also constitute
a waiver of all claims by the Contractor, except those previously made and still unsettled.
(e) If after the work has been substantially completed, full completion there of is materially delayed through no
fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City Engineer,
and without terminating the Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
VII - Assignment of Warranties; Waiver of Subrogation
(a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by
or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor
has installed or provided in connection with the work performed under this Agreement.
(b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation
rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the
insurer’s payment to Contractor or its subcontractors of any insured loss with respect to work performed under
this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City’s
benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation.
AGREEMENT • 4
Specifically, any worker’s compensation insurance policies of the Contractor or its subcontractors shall be
endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its
subcontractors under this Agreement, and copies of such endorsements shall be provided to City.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this
Agreement the day and year first written above.
CITY OF SAN RAFAEL:
________________________________________
Jim Schutz
City Manager
ATTEST:
Valentine Corporation
By:
Lindsay Lara
City Clerk
Printed Name:
Title of Corporate Officer:
APPROVED AS TO FORM:
Valentine Corporation
By:
Robert F. Epstein
City Attorney
Printed Name:
Title of Corporate Officer:
File No.: 18.06.59
RESOLUTION NO. 14558
A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH COASTLAND CIVIL
ENGINEERING, INC. FOR INSPECTION SERVICES ASSOCIATED WITH THE
GRAND AVENUE PATHWAY CONNECTOR PROJECT,
IN THE AMOUNT OF $146,328
______________________________________________________________________________
WHEREAS, the City has advertised and received contractor bids for the Grand Avenue
Pathway Connector Project, City Project 11173; and
WHEREAS, the City requires outside professional assistance to provide the construction
inspection services for the aforementioned project; and
WHEREAS, staff received a proposal for the required construction inspection services
dated June 15, 2018, and a revised fee proposal letter dated June 25, 2018, from Coastland Civil
Engineering, Inc.; and
WHEREAS, staff has reviewed the proposal and fee proposal letter for $146,328 from
Coastland Civil Engineering, Inc. and has found it to be complete and within industry standards;
and
WHEREAS, there are sufficient Federal Funds available, distributed by TAM
(Transportation Authority of Marin) for this expenditure and funds totaling $146,328 shall be
appropriated to Project #11173; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby approves and authorizes the City Manager to execute a Professional Services
Agreement between Coastland Civil Engineering, Inc. and the City, in the form attached hereto
as Exhibit 1 and incorporated herein by reference, subject to final approval as to form by the City
Attorney, in an amount not to exceed $146,328.
BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized
to take any and all such actions and make changes as may be necessary to accomplish the
purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of
said City on Monday, the 6th day of August, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & McCullough
COUNCILMEMBERS: None
COUNCILMEMBERS: Mayor Phillips
LINDSAY LARA, City Clerk
RESOLUTION NO. 14559
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH SIEGFRIED
ENGINEERING, INC. FOR CONSTRUCTION SUPPORT SERVICES ASSOCIATED
WITH THE GRAND AVENUE PATHWAY CONNECTOR PROJECT, IN THE
AMOUNT OF $40,000, FOR A TOTAL CONTRACT
NOT TO EXCEED AMOUNT OF $348,737
______________________________________________________________________________
WHEREAS, pursuant to City Council Resolution No. 13198, the City of San Rafael
entered into a Professional Services Agreement dated July 18, 2011 with Siegfried Engineering,
Inc. (“Siegfried”), for design services associated with the Grand Avenue Pathway Connector
Project (the “Project”) in an amount not-to-exceed $158,984; and
WHEREAS, pursuant to City Council Resolution No. 13391, on August 6, 2012 the City
and Siegfried entered into a First Amendment to the Professional Services Agreement for design
services for the Project, expanding the scope of work and increasing the not-to-exceed amount by
$21,700 for a total not-to-exceed amount of $180,684; and
WHEREAS, pursuant to City Council Resolution No. 13837, on November 3, 2014 the
City and Siegfried entered into a Second Amendment of the Professional Services Agreement for
the Project, expanding the scope of work and increasing the not-to-exceed amount by $59,528 for
a total not-to-exceed amount of $240,212; and
WHEREAS, pursuant to City Council Resolution No. 14052, on January 22, 2016 the
City and Siegfried entered into a Third Amendment of the Professional Services Agreement for
the Project, and increasing the not-to-exceed amount by $68,525 for a total not-to-exceed amount
of $308,737; and
WHEREAS, the City requires construction support services for the Project and Siegfried
has submitted a proposal to provide such services; and
WHEREAS, staff has reviewed Siegfried’s proposal and found it to be complete and
within industry standards; and
WHEREAS, the costs for construction support services of this Project will be fully
funded by Federal Funds (distributed by TAM) and funds totaling $146,328 shall be appropriated
for the project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1.The Council hereby approves and authorizes the City Manager to execute a
Fourth Amendment to the Professional Services Agreement with Siegfried
Engineering, Inc. for construction support services in the amount of $40,000
and a revised total contract value not to exceed $348,737, in the form
attached hereto as Exhibit 1 and incorporated herein by reference, subject to
final approval as to form by the City Attorney.
2.The Director of Public Works is hereby authorized to take any and all such
actions and make changes as may be necessary to accomplish the purpose of
this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of
said City on the 6th day of August, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin & McCullough
COUNCILMEMBERS: None
COUNCILMEMBERS: Mayor Phillips
LINDSAY LARA, City Clerk
FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SIEGFRIED ENGINEERING, INC. FOR PROFESSIONAL SERVICES FOR THE GRAND AVENUE PATHWAY CONNECTOR PROJECT THIS FOURTH AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and SIEGFRIED ENGINEERING, INC., (hereinafter "CONSULTANT"), is made and entered into as of the o\ day of AtA@lJ.S-\: , 2018. RECITALS WHEREAS, pursuant to City Council Resolution No. 13198, the CITY and CONSULTANT entered into a Professional Services Agreement dated July 18, 2011 for design services associated with the Grand A venue Pathway Connector Project (the "Project") in an amount not-to-exceed $158,984 (the "Agreement"); and WHEREAS, pursuant to City Council Resolution No. 13391, on August 6, 2012 the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement for design services for the Project, expanding the scope of work and increasing the not-to-exceed amount by $21,700 for a total not-to-exceed amount of$180,684; and WHEREAS, pursuant to City Council Resolution No. 13837, on November 3, 2014 the CITY and CONSULTANT entered into a Second Amendment of the Professional Services Agreement for the Project, expanding the scope of work and increasing the not-to-exceed amount by $59,528 for a total not-to-exceed amount of $240,212; and WHEREAS, pursuant to City Council Resolution No. 14052, on January 22, 2016 the CITY and CONSULT ANT entered into a Third Amendment of the Professional Services Agreement for the Project, and increasing the not-to-exceed amount by $68,525 for a total not-to-exceed amount of$308,73 7; and WHEREAS, CITY requires construction support services from the CONSULTANT, and the CONSULTANT is willing to provide such services; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Paragraph 2 of the Agreement, entitled "DUTIES OF THE CONTRACTOR," is hereby amended to include the additional services set forth in CONSUL TANT's 1 ORIGINAL
proposal entitled "Proposal for Construction Suppo1t Services" dated June 25, 2018, attached to this Fomth Amendment as Exhibit "A" and incorporated herein by reference. 2. Paragraph 4 of the Agreement, entitled "COMPENSATION," is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit "A" to this Fourth Amendment, on a time and materials basis in a not-to-exceed amount of $40,000, and to change the total not-to-exceed amount under the Agreement to $348,737.00. Such additional compensation shall be paid at the hourly rates for CONSULTANT and CONSULTANT'S subcontractor set forth in Exhibits "B" and "C", respectively, attached to this Fourth Amendment and incorporated herein by reference. 3. Except as specifically amended herein, all of the other provisions, tenns and obligations of the Agreement betv,reen the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL JI ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: FE 2 SIEGFRIED ENGINEERI~G, l~.1/ By /lv/k7 /2._ Name: PA.,\ ~. -s~~rtt-' J,, Title of Corporate Officer: Vf lcr:o and ,. By:__.__&~~---Name: Ac(.Q.,IY'\ M.#!.~C: \. \ Title of Corporate Officer: 5~t...r~ ~'-(
-■• EXHIBIT A ■ SIEGFRIED June 25, 2018 Hunter Young, P.E. City of San Rafael, Department of Public Works 111 Morphew Street San Rafael, CA 94901 RE: GRAND AVENUE PATHWAY CONNECTOR PROJECT SAN RAFAEL, CALIFORNIA PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES Dear Hunter; We appreciate the opportunity to assist you with the construction of the Grand Avenue Pathway Connector Project. Our scope of work, based on previous emails, meetings and phone conversations, is as follows. I. Scope of Work TASK 1 -CONSTRUCTION SUPPORT SERVICES Siegfried shall perform the following services as directed by the City of San Rafael. • Assist contractor with plan interpretation during construction. • Prepare minor addendums to clarify plan intent or respond to RFls. • Review site development submittals and shop drawings related to the design scope of work. • Attend construction meetings with the contractor in person or by phone at the City's direction. Siegfried will provide assistance during construction. This generally consists of field reviews and up to ten (10) meetings, as requested by the City, responding to requests for information (RFI), and reviewing contractor submittals. Siegfried and, if necessary, appropriate design team members will attend the following meetings: • Pre-construction meeting • Post-construction meeting • Construction coordination meetings in the field when necessary • Provide site review at project completion to aid City in developing a final site punch list Construction management will be provided by the City or a firm selected by the City. Siegfried will provide to the City all engineering records, survey information and data and other information required to construct the project. Corporate Office 3244 Brookside Rd., Ste. 100 Stockton, CA 95219 t: 209.943.2021 f: 209.942.0214 San Jose 111 N. Market St., Ste. 300 San Jose, CA 95113 t: 408.754.2021 Sacramento 111 Scripps Drive Sacramento, CA 95825 t: 916.520.2777 F:\11cad\11176 Grand Avenue Bridge\win-doc\Siegfried Agreements and Contracts\11176 Grand Avenue Bridge CA Scope and Fee Ver 1.docx
( ■ ■ Page 2 of2 -~ SIEGFRIED If questions arise during construction over the intent of the design, Siegfried and appropriate design team members will respond to such questions in a timely fashion. Siegfried will review, comment, and make recommendations on the contractor's material submittals and shop drawings. Approval of the traffic handling plans for construction (provided by the contractor) will be performed by the City however Siegfried will assist in the review. Siegfried will prepare record drawings and as-built revisions for the project. The scope of RGH's services is based on knowledge of the soil conditions gained from their study for the project and experience obtained during construction of similar projects. As recommended in the supplemental services section of RGH's report, RGH will provide intermittent on-site observation with field and laboratory testing during the following work items: a. Placement and compaction of sidewalk subgrade; b. Placement and compaction of sidewalk aggregate; c. Excavation of site retaining wall footings; d. Installation of bridge piles; and e. Engineering support during construction. The results of the observations and testing will be made available to the contractor(s) on the job site so that timely corrective action might be taken, if required. Upon completion, we will summarize the results of our work in a letter report, including field and laboratory data. II. Fee Proposal Task I ::::~p~:g S-eNice~ durin:Cons~~ciion I TOTAL NOT TO EXCEED Fee for Task 1 . i!:)cludin_g reimbursable exQenses _$40,000 $40.000 We look forward to working with you and your team. If you have any questions regarding this proposal, please do not hesitate to call me directly. We will commence work upon your authorization to proceed and the execution of your contract documents. /i:_ 1rM;JJ Adam K. Merrill, QSD, QSP, P.E. SIEGFRIED Corporate Office 3244 Brookside Rd., Ste. 1 DD Stockton, CA 95219 t: 209.943.2021 f: 209.942.0214 San Jose 111 N. Market St., Ste. 300 San Jose, CA 95113 I: 408.754.2021 Sacramento 111 Scripps Drive Sacramento, CA 95825 t: 916.520.2777 F:\ 11 cad\ 11176 Grand Avenue Bridgelwin-doc\Siegfried Agreements and Contracts\11176 Grand Avenue Bridge CA Scope and Fee Ver 1.docx
■ ■ ■■ SIEGFRIED Contact Information Stockton 3244 Brookside Road, Ste. 100 Stockton, CA 95219 209.943.2021 Sacramento 109 Scripps Drive Sacramento, CA 95825 916.520.2777 San Jose 111 North Market Street, Ste. 300 San Jose, CA 95113 408.754.2021 Modesto 100 Sycamore Ave, Ste. 100 Modesto, CA 95354 209.762.3580 » siegfriedeng.com EXHIBIT B Charge Rate Schedule Professional Classification Managing Principal Principal Senior Associate Associate Project Engineer Engineer II Engineer I Project Landscape Architect Landscape Architect II Landscape Architect I Project Land Surveyor Surveyor II Surveyor I Survey Crew, 2 Person Survey Crew, 1 Person 1 nstru me ntma n Chainman/Rodman Senior Technician Technician Ill Technician II Technician I Expert Witness Clerical Reimbursable Expenses Printing, Copying, Materials, Etc. Mileage Notes Hourly Rate $245 $219 $193 $172 $163 $149 $133 $161 $139 $114 $163 $147 $129 $265 $175 $188 $129 $129 $114 $99 $84 $400 $77 Cost+ 10% In accordance with Federal Standard Mileage Reimbursement Rates 1. lnstrumentman and Chainman rates apply to services requiring Prevailing Wage Rates for worl< periormed at the job site. 2. These rates are effective May 28, 2018 and are subject to periodic adjustments.
Santa Rosa Office 1305 North Dutton Ave Santo Roso. CA 95401 P: 707-544-l 072 F: 707-544-1082 Napa Office 1041 Jefferson St, Suite 4 Napa. CA 94559 P: 707-252-8105 F: 707-544-1082 PREVAILING WAGE SCHEDULE OF CHARGES Effective March 1, 2018 EXHIBIT C Middletown Office P.O. Box 85211 Middletown, CA 95461 P: 707-987-4602 F: 707-987-4603 Unless agreed otherwise, work is charged for on a time and expense basis in accordance with the following schedule of charges: PERSONNEL Principal .................................................................................................................................................. $195/hour Senior Associate ..................................................................................................................................... $185/hour Associate ................................................................................................................................................. $175/hour Senior Engineer ...................................................................................................................................... $145/hour Project Engineer/Geologist ..................................................................................................................... $125/h our Staff Engineer/Geologist ......................................................................................................................... $11 0/h our Field Engineer ......................................................................................................................................... $110/hour Graphics .................................................................................................................................................... $80/hour Report Typing/Reproduction ..................................................................................................................... $60/hour EQUIPMENT Vehicle ..................................................................................................................................................... $15/hour Nuclear Density Gauge .............................................................................................................................. $12/test Water Level Indicator ................................................................................................................................. $35/day Slope Inclinometer Instrument ....................................... ,. ....................................................................... $150/day Pachometer .............................................................................................................. , ................................. $25/day Coring Machine ........................................................................................................................................ $300/day Stormwater Sampling Equipment ............................................................................................................... $50/day Specialty Software (i.e. SLOPEIW, EZ-FRISK, VolFlo) ............................................................................ $25/hour CONCRETE Compression Testing -Set of 4 Cylinders ....................................................................................................... $115 Each Additional Cylinder Break ......................................................................................................................... $35 Coring Charge ................................................................................................................................................. $125 OTHER Travel time is charged at regular rates. Vehicle mileage is charged at the current federal rate. For court appearance, expert witness testimony, or deposition the charge is $275 per hour for the principal, associate, and project level professional and $175 per hour for all others, payable in advance. Four and eight hour minimums apply for court appearance. Time worked in excess of 8 hours per day and Saturday/night work will be charged at 1.5 times the hourly rate. Time worked in excess of i2 hours per day and Sundays/holidays will be charged at 2 times the hourly rate. Outside services including laboratory analysis, consultants, subcontractors, equipment not listed above, outside reproduction, aerial photographs, meals, lodging, shipping and special equipment or services not listed above are charged at cost plus 20 percent. Geotechnicat, Geological and Laboratory Services
Record Without Fee,
Per GC 27383 and
When recorded mail to:
When recorded mail to:
City of San Rafael
Lindsay Lara, City Cleric
1400 Fifth Avenue
P. 0. Box 151560
San Rafael, CA 94915-1560
COPY of Document Recorded
2:381"M 20 -Aug -2019 2019.0030667
Has not been compared with
original
MARIN COUNTY RECORDER
SPACE ABOVE THIS LINE FOR RECORDER'S L SE
CITY OF SAN RAFAEL
NOTICE OF COMPLETION OF IMPROVEMENT
TO ALL PERSONS WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of
California, that there has been a cessation of labor upon the work or improvement and that said work or
improvement was completed upon the 26t11 day of June, 2019 and accepted the 5" day of August,
2019; that the name, address and nature of the title of the party giving this notice is as follows: Tile City
of San Rafael, 1400 Fifth Avenue, San Rafael, California, 94901, a municipal corporation, in the County
of Marin, State of California, within the boundaries of which said work or improvement was made upon
land owned by said City and/or over which said City has an easement; that said work or improvement is
described as follows:
GRAND AVENUE PATHWAY CONNECTOR PROJECT
CITY PROJECT #11173
and reference is hereby made for a further description thereof to the plans and specifications approved
for said work or improvements now on file in the office of Public Works of said City, and said plans and
specifications are hereby incorporated herein by reference thereto; and that the name of the Contractor
who contracted to perform said work and make such improvement is
Valentine Corporation
I declare under penalty of perjury that the foregoing is true and correct.
Executed at San Rafael, California, on AucuS-r I(-!- , 20_n_.
CITY OF SAN RAFAEL
A Municipal Corporation
By U•/
BILL GUERIN
Director of Public Works
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 MARIN
Subscribed and sworn to (or affirmed) before me on this 1lp day of �tyAgNSk ,
20 1q, by Bill Guerin, proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
WITNESS my hand and official seal.
Signature. -0(
LINDSAY LARA
San Rafael City Clerk
File: 18.06.59