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HomeMy WebLinkAboutPW ADA Curb Ramps 2015-16 ProjectAgenda Item No: 3.e Meeting Date: December 21, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Director of Public Works (SG) City Manager Approval: File No.: 16.01.281 TOPIC: AWARD THE CONSTRUCTION CONTRACT FOR THE ADA/DOJ CURB RAMPS 2015-2016 PROJECT SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR CONTRUCTION OF THE ADA/DOJ CURB RAMPS 2015-2016 PROJECT, CITY PROJECT NO. 11263, TO COASTSIDE CONCRETE AND CONSTRUCTION, INC., IN THE AMOUNT OF $187,750, AUTHORIZING THE EXPENDITURE OF UP TO $22,500 (12%) FOR PROJECT CONTINGENCIES AND AUTHORIZING AN ADDITIONAL $50,136 FOR EXTRA WORK FOR A TOTAL AUTHORIZATION OF $260,386 RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the construction contract to Coastside Concrete and Construction, Inc. in the amount of $187,750 and authorizing a total expenditure of $260,386. BACKGROUND: In August 2004, the City of San Rafael entered into a Settlement Agreement with the Federal Department of Justice (DOJ) to address a lack of compliance with the Americans with Disabilities Act (ADA) and related accessibility issues in City -owned facilities and the public right-of-way. A section of the Agreement calls for the City to construct curb ramps or sloped areas at various intersections to provide access for pedestrians. In 2004, Public Works identified a backlog of 797 curb ramps requiring construction. The proposed project includes construction of nine new ADA compliant curb ramps and related storm drainage improvements. In 2014, the Department of Justice agreed to our request to temporarily waive construction of 32 of the original 797 ramps, reducing the City's target to 765 (797-32=765), and to extend the Settlement Agreement expiration date to February 2019. A total 327 curb ramps must be completed by that date. In keeping with our standard practices, Public Works staff conducted a multi -modal study of the locations specific to this project to ensure that the most reasonable facilities for all modes of travel were included in the project design. The study was completed on October 27, 2015. The ADA -DOJ Curb Ramps 2015-2016 project has been determined to have no significant effect on the environment and is therefore categorically exempt from environmental documents. A Notice of Exemption was filed at the Marin County Clerk's Office on October 28, 2015. FOR CITY CLERK ONLY File No.: 4-1-674 Council Meeting: 12/21/2015 Disposition: Resolution 14046 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The project was advertised in accordance with San Rafael's Municipal Code on October 14, 2015. The engineer's estimate was $240,000. The following bids were received and read aloud on November 4, 2015, at 11:30 AM: NAME OF BIDDER AMOUNT Coastside Concrete and Construction, Inc. $187,750.00* FBD Vanguard Construction $210,050.00 Maggiora & Ghilotti, Inc. $222,222.00 Ghilotti Bros., Inc. $254,379.00 WR Forde Associates $255,555.00 Darren Taylor Construction, Inc. $279,332.00 JJR Construction $279,937.00 *At the bid opening, the bid from Coastside Concrete & Construction, Inc. was read as $184,250. Upon evaluation of the unit prices, staff determined that the Contractor made an arithmetical error in the bid tabulation. The actual bid was for $187,750, as noted in the table above. ANALYSIS: The referenced bids have been reviewed by Public Works staff and the bid from Coastside Concrete and Construction, Inc. was found to be both responsive and responsible. The low bid from Coastside Concrete and Construction, Inc. in the amount of $187,750 falls within the project budget. The funding source is the City's FY 15-16 Community Development Block Grant (CDBG) award of $260,386. While the original project targets nine curb ramps, we anticipate adding additional ramps to utilize all grant funds. Additional curb ramp designs have been prepared by Public Works which can be authorized through a contract change order approved by the Director of Public Works. Constructing curb ramp work at this time of year is challenging due to the potential for weather-related delays. However, the CDBG grant requires completion of the majority of the construction by April 1, 2016. Staff therefore recommends awarding the contract at this time in order to complete construction within the time frame dictated by the grant. Once this project is completed, the City will still have a commitment to construct 318 ramps in accordance with the Settlement Agreement. Ramp construction costs have increased dramatically over time, primarily due to the proximity of storm drain structures, utilities, etc. The average cost per ramp for this project is $20,861. Based on that figure, the remaining "Settlement Agreement" ramps will cost approximately $6.6 million, all of which must be completed by February, 2019. PUBLIC OUTREACH: Prior to commencement of construction, Public Works staff will send letters to property owners and residents of adjacent properties notifying them of the upcoming construction, providing a link to the project website listing a detailed construction schedule, and providing a phone number to call with any questions. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 3 FISCAL IMPACT: The following tables summarize funding sources and expenses: Fundine Source Funding Source Community Development Block Grant Total Available Funds Expenses Category Construction Contract Construction Contingency (Approx. 12%) Extra Work Total Project Cost OPTIONS: Amount $260,386 $260,386 Amount Notes $187,750 Base bid contract amount $22,500 $50,136 Additional curb ramps to be added $260,386 1 1. Adopt the resolution awarding the contract to Coastside Concrete and Construction, Inc., the lowest responsive and responsible bid, in the amount of $187,750 and authorizing additional funding as described above. If this option is chosen, construction will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction until the spring of 2015, and grant funding may be jeopardized. 3. Do not award the contract and direct staff to stop working on this project. If this option is chosen, the City will still be required to construct these ramps in the future as part of the DOJ Settlement Agreement. ACTION REQUIRED: Adopt the resolution awarding the construction contract to Coastside Concrete and Construction, Inc. in the amount of $187,750, authorizing the expenditure of up to $22,500 for project contingencies and authorizing an additional $50,136 for the extra work described previously. ATTACHMENTS: A. Resolution B. Draft Agreement C. Location Map RESOLUTION NO. 14046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR CONTRUCTION OF THE ADA/DOJ CURB RAMPS 2015-2016 PROJECT, CITY PROJECT NO. 11263, TO COASTSIDE CONCRETE AND CONSTRUCTION, INC., IN THE AMOUNT OF $187,750, AUTHORIZING THE EXPENDITURE OF UP TO $22,500 (12%) FOR PROJECT CONTINGENCIES AND AUTHORIZING AN ADDITIONAL $50,136 FOR EXTRA WORK FOR A TOTAL AUTHORIZATION OF $260,386 WHEREAS, on the 4`h day of November, 2015, 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 City 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: "ADA/DOJ Curb Ramps 2015-2016" City Project No. 11263 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Coastside Concrete and Construction, Inc. at the unit prices stated in its bid of $187,750 was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder; and WHEREAS, City staff has recommended that a contingency amount of up to $22,500 will be required for said project; and WHEREAS, City staff has recommended that an additional amount of $50,136 be authorized for construction of additional curb ramp improvements as feasible, as described in the staffs agenda report prepared for this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The plans and specifications for the ADA/DOJ Curb Ramps 2015-2016, City Project No. 11263, on file in the office of said City Clerk, are hereby approved. 2. The bid of Coastside Concrete and Construction, Inc. is hereby accepted at the unit prices set forth therein, and that the contract for said work and improvements is hereby awarded to Coastside Concrete and Construction, Inc. at the unit prices mentioned in said bid. 3. The City Manager and the City Clerk of said City are authorized and directed to execute a contract with Coastside Concrete and Construction, Inc., in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. 4. Funds are authorized in the amount of up to $22,500 for project contingencies. 5. Funds are authorized in the amount of $50,136 for miscellaneous expenses and construction of additional improvements as determined to be feasible and approved by the Director of Public Works. 6. Community Development Block Grant Funds totaling $260,386 will be appropriated in Fund 206 for City Project No. 11263. 7. The Public Works Director 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, ESTHER C. BEIRNE, 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 2151 day of December, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin ESTHER C. BEIRNE, City Clerk File No.: 16.01.281 City of San Rafael ♦ California Form of Contract Agreement for ADA/DOJ Curb Ramns 2015-2016 Citv Proiect No. 11263 This Agreement is made and entered into this 3IN day of CN& -K 2015 by and between the City of San Rafael (hereinafter called City) and Coastside Concrete and Construction, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- 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 plans and specifications for the project entitled: ADA/DOJ Curb Ramps 2015-2016, City Project No. 11263, all in accordance with the Specifications and Contract Documents dated August 2015, which are hereby made a part of this Agreement. II- 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 Fortv (40) Working Days and with such extensions of time as are provided for in the Contract Documents. III - 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 impracticable 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 $1,900 for each and every working 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. 1V - 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. ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY I • Mobilization (Not to exceed 3% of Bid) 1 LS @ $5,000.00 = $5,000.00 2• Signs and Traffic Control 1 LS @ $10,000.00 = $10,000.00 3. Clearing and Grubbing 1 LS @ $25,000.00 = $25,000.00 4. Minor Concrete a. Type A Curb and Gutter 420 LF @ $45.00 = $18,900.00 b. Type E Curb 50 LF @ $35.00 = $1,750.00 c. 4" PCC Sidewalk 680 SF @ $12.00 = $8,160.00 d. 6" PCC Driveway 15 SF @ $18.00 = $270.00 e. Curb Ramp — Case C 8 EA @ $4,500.00 = $36,000.00 f. Curb Ramp — Case A 1 EA @ $4,500.00 = $4,500.00 ITEM DESCRIPTION g. Type C Catch Basin h. Modified Type C Catch Basin (SE Corner Sonoma/Charlotte) i. Extend Existing Catch Basin j. Turning Structure with Manhole Lid Hot Mix Asphalt Adjust Existing Facility to Grade a. Install Sewer Cleanout Utility Box b. Water Meter Box c. Sanitary Sewer Manhole (2nd/Ida) d. Modify Sewer Lateral and Cleanout (SW Corner Hoag/Mill) Relocate Existing Sign to New Post Storm Drain Pipe (12" PVC SDR 26) Traffic Striping and Pavement Markings a. Install Pavement Markings b. Paint Red Curb "Final Pay Item ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 2 EA @ $3,500.00 "` $7,000.00 1 EA @ $3,500.00 = $3,500.00 5 EA @ $3,000.00 = $15,000.00 2 EA @ $4,500.00 = $9,000.00 85 TON @ $250.00 = $21,250.00 2 EA @ $350.00 = $700.00 5 EA @ $500.00 = $2,500.00 1 EA @ $1,500.00 = $1,500.00 1 EA @ $3,500.00 = $3,500.00 3 EA @ $500.00 = $1,500.00 25 LF @ $250.00 = $6,250.00 40 SF @ $13.00 = $520.00 350 LF @ $17.00 = $5,590.00 GRAND TOTAL BID $ 187.750.00 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) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) 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 4590 of the Government 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 his 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) requirements 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 thereof 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. 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. ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 16.01.281 CI' "Y OF SAN RAFAEL: un Sc ut ity M nager Coastside Concrete and Construction, Inc.: Bond No. 1001030752 Premium: $ 3930.00 Public Works — Performance KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE & CONSTRUCTION, INC. , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL as Obligee, in the sum of ONE HUNDRED EIGHTY SEVEN THOUSAND, SEVEN HUNDRED FIFTY AND NO/100 Dollars ($ 187,750.00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated DECEMBER 21, 2015 with said Obligee to do and perform the following work, to wit: ADA/DOJ CURB RAMPS 2015-2016, PROJECT NO. 11263 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, "the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 14TH day of JANUARY , 2016 COASTSIDE CONCRETE & CONSTRUCTION, INC AMERICAN CONTRACTORS INDEMNITY COMPANY Principal By CINDY BETH Attomey-in-Fact Bond No. 1001030752 Premium: $ INC. IN PERFORMANCE BOND Public Works — Payment KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE & CONSTRUCTION, INC. , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee, in the sum of ONE HUNDRED EIGHTY SEVEN THOUSAND, SEVEN HUNDRED FIFTY AND NO/100 Dollars ($ 187,750.00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated DECEMBER 21,2015 with said Obligee to do and perform the following work, to wit: ADA/DOJ CURB RAMPS 2015-2016, PROJECT NO. 11263 NOW, THEREFORE, if the above -bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in ful force and effect. Signed, sealed and dated this 14TH day of JANUARY COASTSIDE CONCRETE & CONSTRUCTION, INC Principal AMERICAN CONTRACTORS INDEMNITY COMPANY CINDY BETH Attorney -in -Fact POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL -MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas banding Company, an assumed name of American Contractors Indemnity; Company; United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation, do by these presents make, ccastitute and appoint: James Schieffer or Cindy Beth of Healdsburg, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and steads tb execute- acknowledge and deliver any and all bonds, recognizanc , undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******************Three Million******** ********** Dollars ($ 1,0011000J10t r This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act found nribehalf of the Company subject to the following provisions: sltlorrLe} -in Fact maybe given full power and authority for and in the name of and on behat£othe otnPa#y,-W*ecute acknowledge and deliver, any and all bonds, recognisances, contracts, agreements or indemnity and other conditional or obligatory undeMkings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed•by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate. -relating thereto by facsimile, and any power of attorney or certificate -bearing facsimile signature or facsimile seal shall be vdlid and binding upon the Compaq with respect to any bond or undertaking to which it is attathed IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be -Hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY 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 notthetru-thfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in hi"uthorized capacity, and that by his signature on the instrument the person, or the entity_upon behalf -of -which the person acted, executed the instrument. I curt. y uti WTENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphh is true and correct. WITNESS my hand and official seal. - .; , MARIA G. ROORIGUE2-WONG Commission #t 2049771 Signature (Seal): Notary Public - California i I ' Los Angeles County Mr COMM, EXPIta Dec 20, 2017 I, Michael Chalekson , Assistant Secro0tryofAmedcauContractors Indemnity Company, Texas Bonding Com1 any, United States Sur Com any and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at LQ—& -Angeles, California this 14 TH day of JANUARY I 0 E Q .5.22 a 2 e- son 'a LL ASMS, E Q e- son CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary 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 f STATE OF Cr— i Torn i,— COUNTY OF S> r nc_ On i t l -t � (t � beforg� ,tme, Ja me S h � e n�r�r 10, L L I i � personally appeared (.�,� rF h who' proved to me on the basis of satisfactory evidence to person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJLTR.Y under the laws of the State of California that the foregoing paragraph is true and correct. WI SS my hand d ffi ' eal. acne of Noiary Public} J v JAMES SCHIEFFER,- COMM. #2130661 m F W790NOMA000NTY a NOTARY PUBLIC - CALWORNIA I My Comm. Exptros Nov Y. 2019 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE 01/13/2016 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ARTHUR E . SCHIEFFER & SON HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 338 Center Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P . O. Box 515 INSURERS AFFORDING COVERAGE Healdsburg CA 95448 - INSURED INSURER A ALLIED INSURANCE COASTSIDE CONCRETE & CONSTRUCTION INC IINSURER BALLIED INSURANCE COASTSIDE CONCRETE INSURERC WESCO INSURANCE COMPANY 6050 COMMERCE BLVD STE 203 jI I INSURER D. ROHNERT PARK CA 94928- IINSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AG^REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION DATEfMM/DD/YYI DATE IMM/DD/YYI LIMITS A GENERAL LIABILITY ACP7830992990 12/04/2015 12/04/2016 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY I FIRE DAMAGE (Any one fire) $ 50,000 =CLAIMS MADE 7 OCCUR / / / / I MED EXP (Any one person) $ 5,000 _ I PERSONALBADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEMLAGGREGATE LIMIT APPLIES PER, PRODUCTS - COMP/OPAGG $ 2,000,000 F7JECOT F7 POLICY LOC B AUTOMOBILE LIABILITY ACP7830992990 12/04/2015 12/04/2016 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 — ALL OWNED AUTOS / / / / BODILY INJURY _ SCHEDULED AUTOS (Per person) $ — HIRED AUTOS / / / / BODILY INJURY _ NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY ACP7830992990 12/04/2015 12/04/2016 EACH OCCURRENCE $ 4,000,000 X1 OCCUR EICLAIMSMADE I AGGREGATE $ 4,000,000 $ DEDUCTIBLE / / / / I $ RETENTION $ $ AND WWC3135905 05/01/2015 05/01/2016XITRYLMS OITI IECWORKSSCOMPPEENSTMON REMPLO E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER A BUSINESS PROPERTY ACP7830992990 12/04/2015 12/04/2016 CONTRACTORS EQUIP 17,000 DEDUCTIBLE 5 0 0 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF SAN RAFAEL, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY. INCLUDES PRIMARY AND NON—CONTRIBUTORY WORDING. PROJECT: ADA/DOJ CURB RAMPS 2015-2016 PROJECT NO 11263 CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT CITY OF SAN RAFAEL FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE DEPARTMENT OF PUBLIC WORKS INSURER, ITS AGENTS OR REPRESENTATIVES. 111 MORPHEW STREET A ORIZED EP SENTATIV SAN RAFAEL CA 94901- ACORD 25-S (7/97) ©ACORD CORPORATION 1988 q„A INS025S (9910).01 ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page 1 of 2 POLICY NUMBER, ACR7830992990 COMMERCIAL GENERAL LIABILITY CG 7156 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN RAFAEL, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS (it no entry appears above,information required to complete this endorsement will be shown in the Declara tions as applicable to this endorsement.) A. Section 11 — Who Is An Insured is amended to include as an additional insured the person or organ- ization shown in the Schedule for whom you are per forming operations when you and such person or organization have agreed in a written contract or written agreement that such person or organization be added as an additional insured on your policy, but only with respect to liability for "bodily injury", ' prop- erty damage" or "personal and advertising njury" arising out of, in whole or in part by - 1. Your acts or omissions. or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing op- erations for the additional nsured(s) at the loca- tion(s) designated above. No such person or organ zation is an additional insured for liability arising out of the `products completed operations hazard'. B. With respect to the insurance afforded to these additional insureds. the following additional exclu- sions apply_ This insurance does not apply to "bodily Injury" or "property damage" occurring after. 1. All work, including materials. parts or equipment furnished in connection with such work, on the project (other than service, maintenance or re pairs) to be performed by or on behalf of the additional insured(s) at the location of the cov ered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project C. The following is added to SECTION III — LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured are those specified in the written contract between you and the additional insured, or the limits available under this policy, whichever are less These limits are part of and not in addition to the lim- as of insurance under this policy. D. With respect to the insurance provided to the person or organization shown in the Schedule of the En dorsement. Condition 4. Other Insurance of Sec- tion IV - Commercial General Liability Conditions is replaced by the following CG 71 56 09 10 Includes copyrighted material of Insurance Services Office. Inc. Page 1 of 2 witti its perinission CG 71 56 09 10 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insur- ance is primary and non-contributory with the additional insured's own in- surance. Paragraphs (1) and (2) do not apply to other insurance to which the additional in- sured has been added as an additional in- sured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explo- sion insurance for premises rented to you or temporarily oc- cupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a te- nant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (d) If the loss arises out of the main- tenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property (e) That is any other insurance avail- able to an additional insured un- der this endorsement covering liability for damages arising out of the premises or operations, or products completed operations, for which the additional insured has been added as an additional insured by that other insurance. 2) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to de- fend the additional insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other 'insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance available to the additional Insured permits contribution by equal shares, we will follow this me- thod also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance available to the additional insured does not permit contribution by equal shares, we will con- tribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. CG 71 56 09 10 with its permission. COMMERCIAL AUTO CA 20 01 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 12-14-15 Named Insured COASTSIDE CONCRETE COASTSIDE CONCRETE & CONSTRUCTION INC Countersigned By (Authorized Representative) SCHEDULE Insurance Company ALLIED INSURANCE Policy Number ACP7830992990 Effective Date 12-4-2015 Expiration Date 12-4-2016 Named Insured Address COASTSIDE CONCRETE 6050 COMMERCE BLVD STE 203, ROHNERT PARK, CA 94928 Additional Insured (Lessor) THE CITY OF SAN RAFAEL, ITS OFFICERS, EMPLOYEES AGENTS AND VOLUNTEERS Address 111 MORPHEW STREET SAN RAFAEL, CA 94901 Designation or Description of Leased "Autos" PER SCHEDULE ON FILE. Primary Clause: It is understood and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this insurance, but only with respects to liability arising out of "your work" for that insured by or for you. Cancellation Clause: It is hereby understood and agreed there will be no cancellation, reduction or modification of coverage without (30) days prior written notice. CA 20 01 120 93 (MODIFIED) Includes copyrighted material of Insurance Services Office, Inc., with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregat rig the remuneration of your employees while engaged in the work described in the Schedule The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration Schedule Any person or organization as required by written contract S46300 This endorsement changes the policy to which it is attached and s effective on the date issued unless otherwise stated Endorsement Effective 5/1/2015 Policy No WWC3135905 Endorsement No WC040306 Insured SOUSA, MARK (Partner) & SOUSA BRETT (Partner) (A Premium 5 15960 Partnership) Insurance Company Wesco Insurance Company Countersigned by PROFESSIONAL SERVICES AGRE�EMENT/CONTRACT COMPLETION CHECKLIST AND ROOTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description I Completion Department w Date 1 City Attorney Review, revise, and comment on draft yU✓�� agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; (jK bonds, and insurance certificates and AY—*`*) nye ��� endorsements. ", 5 City Manager / Mayor / or I Agreement executed by Council authorized Department Head official. 6_ City Clerk City Cleric attests signatures, retains original agreement and forwards copies to the % ` y�1 contracting department. 1 To be completed by Contracting Department: St e pho,�n � e 15 I l 1p Project Manager: \ p� . Project Name: 'AD'��Qc C�UYh Qam?S Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. " Council approval is required if contract is over $20,000 on a cumulative basis. Esther Beirne From: Lawrence Moss Sent: Tuesday, January 19, 2016 8:58 AM To: Esther Beirne Subject: FW: Coastside Concrete Agreement for ADA/DOJ Curb Ramps 2015-2016; City Project 11263 Attachments: 0115 16 Checklist -ETD and Agreement with Coastside Concrete -ADA -DOJ Curb Ramps 2015-16.pdf Esther: Coastside's insurance is acceptable. (CERT submitted already but not in PINS) Larry Moss Risk Management Services City of San Rafael From: Laraine Gittens Sent: Fri 1/15/2016 9:24 AM To: Lawrence Moss Cc: Stephanie Gindlesperger; Lisa Goldfien; Eric Davis Subject: RE: Coastside Concrete Agreement for ADA/DOJ Curb Ramps 2015-2016; City Project 11263 Attached pease f iron a ru::ll: y of the..1/1.5/1.6 u.:hea '.:ldist. and ireeii°nnelrnt. with Coastside Coincrete, lin la,(RnE tll'ie 6 ns urairnce docs, Laraine From: Stephanie Gindlesperger Sent: Friday, January 15, 2016 9:01 AM To: Eric Davis Cc: Lawrence Moss; Lisa Goldfien; Laraine Gittens Subject: RE: Coastside Concrete Agreement for ADA/DOJ Curb Ramps 2015-2016; City Project 11263 n hc$II'"n tis i::.II"'II k::,, nrd:S flII"'p s1LU II"ati'"6u"p.a sheet was towards t "8 da II'a II"B t !f:0 h: "0 �.:': $Ipe(:'II I'IId;..::b 194"bfl"'1".n and (...k.S i"OUl'"li3!(:It" From: Eric Davis Sent: Friday, January 15, 2016 8:08 AM To: Stephanie Gindlesperger Cc: Lawrence Moss; Lisa Goldfien; Laraine Gittens Subject: Coastside Concrete Agreement for ADA/DOJ Curb Ramps 2015-2016; City Project 11263 Stephanie: I have signed both the captioned Contract Checklist and the Agreement with Coastside Concrete, and am moving it along to Esther Beirne to arrange for Jim Schutz signature. The Agreement with Coastside Concrete states that it incorporates the Specifications and Contract Documents dated August 15. 1 just want to confirm that this document included the Insurance Requirements sheet which specified the required insurance coverages and endorsements. You included with the Checklist, Agreement, and bonds, a Certificate of Liability Insurance showing $1M/$2M CGL, $1 M Auto, $4M Excess Liability, and $1M Workers Comp, as well as an Additional Insured endorsement for the CGL Policy (ISO CG 7156 09 10), an Additional Insured endorsement for the Auto policy (ISO CA 20 0112 93),and a Workers Comp Policy waiver of subrogation endorsement, all of which appear to be satisfactory. I just want to make sure that the Insurance Requirements Sheet was part of the Agreement. Please advise. Larry: Please contact Stephanie to get the contractor contact information in order to get the insurance posted on PINS. Thanks Eric ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # :I Date of Meeting: 12/21/2015 From: Dean Allison Department: Public Works Date: 11/4/2015 Topic: AWARD THE CONSTRUCTION CONTRACT FOR THE ADA/DOJ CURB RAMPS 2015-2016 PROJECT. Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR CONTRUCTION OF THE ADA/DOJ CURB RAMPS 2015-2016 PROJECT, CITY PROJECT NO. 11263, TO COASTSIDE CONCRETE AND CONSTRUCTION, INC., IN THE AMOUNT OF $187,750, AUTHORIZING THE EXPENDITURE OF UP TO $22,500 (12%) FOR PROJECT CONTINGENCIES AND AUTHORIZING AN ADDITIONAL $50,136 FOR EXTRA WORK AND MISCELLANEOUS EXPENSES, FOR A TOTAL AUTHORIZATION OF $260,386 Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Minor track changes in Staff Report and Reso. Van Bach M City Attorney Remarks: LG -Approved 12/10/15 with minor suggested revisions. 0 Author, review and accept City Attorney / Finance changes Remarks: KM -Approved 12-11-15 with previous changes ® City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: