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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