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HomeMy WebLinkAboutPW Storm Water Pump Renovation Project 2009Agenda Item No: Meeting Date: November 16, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPI Department: Public Works Prepared by: City Manager App Director of Public Works (J File No.: 08.06.60 SUBJECT: REPORT OF BID OPENING AND RESOLUTION AWARDING THE CONTRACT FOR CORPORATE CENTER STORM WATER PUMP STATION RENOVATION PROJECT, PROJECT #11131, TO BARTLEY PUMP INC., IN THE AMOUNT OF $150,262.00 RECOMMENDATION: Adopt Resolution. BACKGROUND: The Corporate Center Storm Water Pump Station formerly know as 2nd Street Pump Station/Corp Yard Pump Station is almost 50 years old and not functional to the point that it cannot be connected to the PG&E grid. The pumps are currently being powered by an industrial portable generator. This project consists of a new control panel and concrete housing structure. Electrical engineering portion of this project has been designed by DCV Consultants and civil engineering has been designed by City staff. The entire electrical system will be removed and replaced with new equipment, except for the pumps and motors. This project will allow re -connecting the motors to PG&E grid with greater reliability and enable monitoring of the pump station with our SCADA computer system. The plans have been signed and approved by the Interim Public Works Director / City Engineer and a copy is available at the City's Clerk's office for review. Bids for this project were opened on October 20, 2009. ANALYSIS: Project elements include a new motor control center panel and housing building, connection to PG&E grid, new site lighting, controls and chain link fence and gate. These features will improve reliability, control and security and removing the generator will decrease energy costs and air pollution. The following list shows the Engineer's Estimate and the bids received: Engineer's Estimate $181,000.00 1. Bartley Pump Inc. $150,262.00 2. Fort Bragg Electric Inc. $167,880.00 3. Mike Brown Electric Co. $167,887.00 4. Valentine Corporation $193,900.00 5. Telstar Inc. $196,250.00 FOR CITY CLERK ONLY File No.: A/'' /, &I L Council Meeting: 11116, 01 Disposition: 4-V,04-0710; *0 42980 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 FISCAL IMPACT: This contract is being 100% financed from storm water fees. The 2009/10 CIP budget provides $210,000 for this project. OPTIONS: The Engineer's Estimate was $181,000. Bartley Pump Inc. with a bid of $150,262 is the lowest and responsible bidder for this project. The City Council may reject all bids, but staff does not recommend this option, since the bids reviewed are very competitive and well within current construction costs. ACTION REQUIRED: Staff recommends that the City Council adopt the resolution awarding the contract to Bartley Pump Inc. in the amount of $150,262. Enclosures (2) 1. Bid Summary 2. 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W o .--I 1 N M 'It W) 10 i h i 1 Ib i 01 .--i �Oy amu/ V 94 U ai 1 1 1 I 1 1 RESOLUTION NO. 12886 REPORT ON BID OPENING AND RESOLUTION AWARDING THE CONTRACT FOR CORPORATE CENTER STORM WATER PUMP STATION RENOVATION PROJECT, PROJECT #11131, TO BARTLEY PUMP INC., IN THE AMOUNT OF $150,262.00 WHEREAS, on the 201h day of October, 2009, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for 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: "CORPORATE CENTER STORM WATER PUMP STATION RENOVATION PROJECT" PROJECT NO. 11131 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the work designated on the Corporate Center Storm Water Pump Station Renovation Project Contract Documents is eligible to be funded utilizing Storm Water Fees funds; and WHEREAS, the bid of Bartley Pump Inc. 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 therefore; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Bartley Pump Inc. is hereby accepted at said prices and that the contract for said work is hereby awarded to Bartley Pump Inc. For enovation Project No. 11131 This Agreement immade and entered into this \6day of November 2009 by and between the City ofSan Rafael (hereinafter called City) and Bartley Pump Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: V - Scope ofthe Work The Contractor hereby agrees to furnish all of the ma1edu|a and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: Corporate Center Storm Water Pomp Station Renovation, Project No, 11131, all in accordance with the requirements and provisions of the Contract Documents as defined in the Gcnom| Conditions which are hereby made apart ofthis Agreement. The liability insurance provided to the City by the contractor under this agreement oho\| he primary and in excess ofany other insurance available bothe City. UY-TimeofCompledno (a) The work to he performed under this Contract shall be commenced within five (5) CALENDAR DAYS after the date ofwritten notice bythe City tothe Contractor toproceed. (b) Complete the work within 50 Working Days, after the date ofsuch notice and with such extensions of time ayare provided for inthe General Conditions. Ul-Ligoidatod Damages /t is agreed that, if all the work required 6ythe contract is not finished orcompleted within the number of vvorkingdays as set forth in the contract, damage will be sustained by the City" and that it is and will be impracticable and extremely difficult toascertain 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 tu the City, the sum mf$5URfor each and every calendar day's delay in finishing the work in excess of the number ofworking days prescribed above; and the Contractor agrees topuyaoid\iquidateddmnugeuhcn:in provided for, and further agrees that the City may deduct the amount thereof from any moneys due orthat 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 8no| payment shall be made for the actual number of units that are incorporated in or made necessary bythe work covered 6ythe Contract. SM DUPLICATE ORIGINAL Performance Bond BOND NO. BD 706103 PREMIUM: $3,206.00 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Bartley Pump, Inc. 4000 S. Moorland Ave. Santa Rosa CA 95407 OWNER (Name and Address): City of San Rafael 111 Morphew St San Rafael CA 94901 CONSTRUCTION CONTRACT Date: November 16Th, 2009 Amount: $ 147,078.00 Description (Name and Location): Corporate Center Storm Water Pump SURETY(Name and Principal Place of Business): Nationwide Mutual Insurance Company 701 5th Ave. Des Moines, IA 50391-2006 Station Renovation Project No. 11131 BOND Date (Not earlier than Construction Contract Date): November 24, 2009 Amount: $ 147,078.00 (One Hundred Forty Seven Thousand Seventy Eight and 00/100) Modifications to this Bond: : None 9 See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Bartley Pump, Inc. Signature: , Name and -title: (Any additional signatures appear on page 3) SURETY Company: Nationwide Muttu��al Insurance Company (Corporate Seat) Signature: _S�/LGrt- Name and Title: Cheryl Griggs, Attorney -In -Fact Attorney -in -Fact (FOR INFORMATION ONLY -•Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Don Ramatici Insurance other party): PO Box 551, Petaluma CA 94953 707-782-9200 Printed in cooperation with the American Institute of Architects (AIA) by Nationwide Mutual Insurance Company. Nationwide Mutual Insurance Company vouches that the language in this document conforms exactly to the language used in AIA Document A 312, December, 1984 Edition, Third Printing, March, 1987. Bd 480 (09-92) 00 A312-1984 1 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractors default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractors Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 00 9tSU (U)-YL)UU A312-1984 2 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law the minimum period of Limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable to the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Sub paragraph 4.3 is added as follows: 4.3 Claimant has furnished to the Surety Proof of claim duly sworn to by the Claimant, along with adequate supporting documentation which proves the amount claimed is due and payable. Paragraph 5 is amended as follows: 5. If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for the challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement of amount, and the Surety shall, within a reasonable period of time , pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim of otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: Address: SURETY (Corporate Seal) (Corporate Seal) Company: Signature: Name and Title: Address: Uu You iuv-ycl uu A312-1984 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SONOMA On 11/24/09 before me, DEBBIE BRANDON, NOTARY PUBLIC Date_ Here Insert Name and Title of the Officer personally appeared CHERYL GRIGGS Name(s) of Signer(s) ,,.,,, . �rst • • r41F who proved to me on the basis of satisfactory evidence to be the person whose name(A is/Vd subscribed to the within instrum nt and acknowledged to me that .�d/she/tf}ey executed the same in IX/her/ti r authorized capacityf jes), and that by �id/her/tFjrait'signature(,$) on the instrument the person(sl, or the entity upon behalf of which the person(.faj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature. Place Notary Seal Above Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer m T tle(s):_ ❑ Partner ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Associalion • 9350 De Sato Av.. PO eoa 2402 • Charsworlh. CA 91.713-7402 • vrvrw.NaOonalNotary,ar0 Item H5907 Reorder'. Call7olb Free 1-000 97&6827 JUPLICATE ORIGINAL Payment Bond BOND NO. BD 706103 PREMIUM INCLUDED IN PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Bartley Pump, Inc. 4000 S. Moorland Ave. Santa Rosa CA 95407 OWNER (Name and Address): City of San Rafael 111 Morphew St. San Rafael CA 94901 SURETY(Name and Principal Place of Business): Nationwide Mutual Insurance Company 701 5th Ave Des Moines, IA 50391-2006 CONSTRUCTION CONTRACT Date: November 16th, 2009 Amount: $ 147,078.00 (One Hundred Forty Seven Thousand Seventy Eight and 00/100) Description (Name and Location): Corporate Center Storm Water Pump Station Renovation Project No. 11131 BOND Date (Not earlier than Construction Contract Date): November 24th, 2009 Amount: $147,078.00 (One Hundred Forty Seven Thousand Seventy Eight and 00/100) Modifications to this Bond: : None 9 See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Bartley Pmmp, Inc- Signature:4a�1_4W-41)��4�-. Name and Title: P� (Any additional signatures appear on page 6) SURETY Company: (Corporate Seal) Nationwide Mutual Insurance Company Signature: Itr Name and Title: C eryl G ggs, Attorney -In -Fact Attorney -in -Fact (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER: Don Ramatici Insurance OWNER'S REPRESENTATIVE (Architect, Engineer or PO Box 551, Petaluma Ca 94953 707-782-9200 other party): Printed in cooperation with the American Institute of Architects (AIA) by Nationwide Mutual Insurance Company. Nationwide Mutual Insurance Company vouches that the language in this document conforms exactly to the language used in AA Document A 312, December, 1984 Edition, Third Printing, March, 1987. Bd 481 (09-92) 00 A312-1984 4 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, Liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond, and with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the Location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of Limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient Bd 481(09-92)00 A312-1984 5 omphance as of the date received at the addre— shown on the signature page. 3 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be erformed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions onforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as statutory bond and not as a common law bond. 4 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this ';ond or shall permit a copy to be made. 0 *2VkMCGTkRI 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, naterials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms Labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the .onstruction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's ;ubcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were .urnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract )ocuments and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Sub paragraph 4.3 is added as follows: 4.4 Claimant has furnished to the Surety Proof of claim duly sworn to by the Claimant, along with adequate supporting documentation which proves the amount claimed is due and payable. Paragraph 5 is amended as follows: 5. If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed and the basis for the challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement of amount, and the Surety shall, within a reasonable period of time , pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim of otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: Signature: Signature: Bd 481(09-92)00 A312-1984 6 CALIFORNIA t . .. STATE OF CALIFORNIA County of SONOMA On 11/24/09 before me, DEBBIE BRANDON, NOTARY PUBLIC Date_ Here Insert Name and Title of the Officer personally appeared CHERYL GRIGGS Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(pr) is1W subscribed to the within instrum nt and acknowledged to me that pd/she/tt}ey executed the same in lyW/her/tl r authorized capacityjieq, and that by lye/her/tfjW signature(pr) on the instrument the person(s'j, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. � g official seal. Si� . Witness tnature y an o r and �1 Place Notary Seel Above Signature of Notary Public .m.e_ .. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Dale: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s):_ ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ����a�.�����iJ��,�i�=t>'� i:�t;�3�ti�;�i;�cZ.;`�� ;'� '�--c; _ , _ . _ .. ..:... _ , _ . _ . _ .'�.�-c._'r`"-c,•�`t_-t; @2007 No lional Notary Associalion • 9350 De Salo Ave.. P0. Box 2402 • Chalsv orlh. CA 91313-740.1. • viw•w.NalionalNolary.or® Item 05907 Reorder: Call Toll -Free 1-000.876-6827 LJ 409916 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter called "Company', does hereby make, constitute and appoint PAUL RAMA'1'ICI DONALD P. RAMATICI M. It. STEWART CHERYL D. GRIGGS PETALUMA CA each in their individual capacity, its true and lawful Attorney -hi -Fact, with 1'611 power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties riot exceeding the sum of ONE MILLION FIVE IIUNDRED TI IOUSAND AND NO/100 DOLLARS $ 1,500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized oflicers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority ol'the following resolution duly adopted by the Board of Directors o1' the Company. 'RESOLVED, that the President, or any Senior Vice President, Resident Vice President or Second Vice President by, and the same hereby is, authorized and empowered to appoint Attorneys-ln-Fact of* the Company and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority. The authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf' of the Company.' 'RESOLVED FURTHER, that such Attorneys -In -Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto, provided, however, that said seal shall not be necessary for the validity of any such documents.' This Power of Attorney is signed and sealed by facsimile under and by the following By Laws duly adopted by the Board of Directors of the Company. ARTICLE VIII 'Section 10. Execution of instruments . Any Vice President and any Assistant Secretary or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts or other papers in connection with the operation of the business ol'the company in addition to the Chairman and Chief Executive Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be printed, engraved or stamped on any approved document, contract, instrument or other papers of* the Company. IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attested by the signature of its Vice President the 28th day of April, 1999. 4&M%\ ACKNOWLEDGMENTB t;~�'•,+� y: STATE OF IOWA President COUNTY OF POLK SS ��`'� RE7V USE°a On this 28th day of April, 1999, before me came the above named Vice President f'or Nationwide Mutual Insurance Company, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. ,tcsv AN SDYALITZ il� cw-ft an to mbar tdzres roas ay Craruwtdm Exptres March 28, 2011 CER'I'I FI CATS J,24 7' aq Notary Public My Commission expires March 24, 2011 1, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the Resolution included herein is a true and correct transcript from the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has riot been revoked or amended in any manner; that said Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected Vice President of Nationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly affixed and subscribed to the said instrument by the authority of said Board of Directors. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of'said Company this24TH day of NOVEMBER , 2009 07141This Power of Attorney expiresAV �� Ste:•, / Assislanl Secretary Bd 1 (03.08) 00 07/31/11 qtr use° 2009/11/23 14:14:34 2 /S ACORD, CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) 111/23/2009 PRODUCER Phone: 559-437-3373 Fax: 619-699-0945 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc. 7525 N . Cedar Ave. Suite 101 Fresno CA 93720 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ......... ,....._ ... ... . .... .. ._... r POLICYEFFECTIVE -POLICY EXPIRATION LTR9NSRD I POLICY NUMBER DATE MMIDl1 DATE MMIDD LIMITS A GENERALLIABILITY ICP0391435 INSURERS AFFORDING COVERAGE �INAIC # SURED Bartley Pump, Inc. 4000 S. Morland Ave. INSURERAStar Ins CO INSURER 8023 Santa Rosa CA 95407 INSURERC INSURER D , MED EXP (Any one person) 5 5, 000 INSURER E PFRSONAI 8 A INJ1IRY 5 1.1..0 Q 0I. Q Q 0 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRp,,AADD'! ......... ,....._ ... ... . .... .. ._... r POLICYEFFECTIVE -POLICY EXPIRATION LTR9NSRD I POLICY NUMBER DATE MMIDl1 DATE MMIDD LIMITS A GENERALLIABILITY ICP0391435 6/1/2009 6/1/2010 EACH OCCURRENCE 51, QQQ, QQQ COMMERCIAL. GENERAL LIABILITY PAEMI E7(Eaocc �� JJJJ��1 CLAIMS MADE re PREMISES (Ea ocwrence (..,. .1 . OCCUR , MED EXP (Any one person) 5 5, 000 .. I PFRSONAI 8 A INJ1IRY 5 1.1..0 Q 0I. Q Q 0 .... ..,. I GENERAL AGGDV _ _-REGATE $ 2 0 0 0 0 0 0 ......... GENT AGGREGATELLIRMIIT-APPLIESPER i PRODUCTS-COMPIOPAGG S2,000,000 I X I POLICY JECT LOG ! A AUTOMOBILE LIABILITY CA0391435 6/1/2009 16/1/2010 COMBINED SINGLE LIMIT (Ea accident) 5 1, 000,000 ANY AUTO ....._....... ............... ..�._m,,.m...m.m. X._,. ALL OWNED AUTOS � BODILY INJURY SCHEDULEDAUTOS 1 (Per person) S X HREDAUTOS BODILY INJURY i NON-OWNEDAUTOS (Per accident) 5 ,_...._.. ! . ,...,, .............. ...._... i PROPERTY DAMAGE S r j �(Peraccident) OARAGELIABIIJTY AUTOONLY-,EAACCIDENT ifi 5. ANY AUTO ,..... ....... EA ACC 5 OTHERTHAN AUTO I AGG S A EXCESSIUMBRELLA LIABILITY UM0 3 914 3 5 6/1/2009 6/1/2010 EACH OCCURRENCE 5 4.,. 0� 000 X OCCUR CLAIMS MADE AGGREGATE 54,000,000 S DEDUCTIBLE _.. ... ...- . ' X RETENTION $10,000 l� ! S WORKERS COMPENSATION AND OTB - 'j TORY IMI7WC L-JSER I,. j EMPLOYERS' LIABILITY i ' ANY PROPRlETORIPARTNERID(ECllfIVE S E L EACH ACCIDENT.. -. ...... _ _..._... OFFICERIMEMBEREXCLUDED? - EL,.DISEASE' EAEMPLOYEE' S Ify es,describeunder I SPECIAL PROVISIONS below E. L. DISEASE -POLICY LIMIT S OTHER ! DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED PER FORMS 2195 GL (09/99) & CA 2048 (02/99). IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL, ITS OFFICERS, AGENTS AND EbIPLOYEES, ARE ADDITIONAL INSUREDS HEREUNDER BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE LAND AND/OR PROPERTY AND/OR WORK DESCRIBED IN THE UBLIC WORKS CONTRACT FOR THE PROJECT ENTITLED, CORPORATE CENTER STORM WATER PUMP STATION RENOVATION, PROJECT NO. 11131 BETWEEN THE CITY OF SAN RAFAEL AND BARTLEY PUMP, INC. FOR THE WORK AND THE IMPROVEMENTS DESCRIBED THEREIN. CERTIFICATE HOLDER CANCELLATION10 DAY NnC FOR NON PAY APPLIES ACORD 25 (2001108) t ©%ACOIfD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED CITY OF SAN RAFAEL BEFORE THE EXPIRATION DATE WILL ENDEAVOR TO MAIL <30'> THEREOF, THE ISSUING INSURER DAYS WRITTEN NOTICE TO THE DEPARTMENT OF PUBLIC WORKS CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO P. O. BOX 151560 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON SAN RAFAEL CA 94915-1560 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHDRIZED REPRESENTATIVE ACORD 25 (2001108) t ©%ACOIfD CORPORATION 1988 2009/11/23 14:14:34 3 /5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 2009/11/23 14:14:34 4 /5 POLICY #: CA0391435 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 11/23/2009 Named Insured: Bartley Pump, Inc. Countersigned By: SCHEDULE Name of Person(s) or Organization(s): CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS P. 0. BOX 151560 SAN RAFAEL CA 94915-1560 4w� (Authorized Re (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 2009/11/23 14:14:34 5 / THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - ENERGY CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Under SECTION II — WHO IS AN INSURED, Paragraph 5. is added as follows: 5. a. Any person or organization with whom you agreed, because of a written contract, written agreement or permit, is an insured, but only with respect to: (1) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit. (2) Facilities owned or used by you. This insurance applies on a primary basis if that is required by the written contract, written agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Form. (3) to any lessor of equipment: (a) after the equipment lease expires; or (b) if the "bodily injury," "property damage," "personal injury" or "advertising injury" arises out of the sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) the occurrence takes place after you cease to be a tenant in that premises; or (ii) the "bodily injury," "property damage," "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. All other terms and conditions of this policy remain unchanged. 2195 GL 09 99 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Copyright, Insurance Services Office, Inc. CERTIFIC 'E OF LIABILITY INSURI CE OP ID MF BARTL-1 FDATE(MM/DD/YYYY) 11/23/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Don Ramatici Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Petaluma CA 94953 Phone: 707-782-9200 Fax: 707-782-9300 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A'. oak River Insurance Company INSURER B: EACH OCCURRENCE $ INSURER C' Bartley Pumpp , Inc. 4000 South I�loorland Avenue Santa Rosa CA 95407 INSURER INSURER E' 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER TIVE DATE ( IDD/YYYY TION DATE MLICY M/DD/YYYY LIMITS REPRESENTATIVES. A ZED NTATIVE GENERAL LIABILITY D Ann�Cr—" EACH OCCURRENCE $ PREMISES (Ea occurence) $ COMMERCIAL GENERAL LVABILITY MED EXP (Any one person) $ CLAIMS MADE O~ _N OCCUR PERSONAL & ADV INJURY $ . .._ _.__._ _,_,_,_,_,_,_,_,_,_,_,_,_,__ , GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ GEN LAGGREGATE LIMIT APPLIES PER. POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY, AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION X TORY LIMITS ER AND EMPLOYERS' LIABILITY EL EACH ACCIDENT $1000000 A ANY PROP RIETOR/PARTNER/EXECUTIVE� 2200054547091 01/01/09 01/01/10 OFFICERIMEMBEREXCLUDED7 L_I (Mandatory in NH) _... .._,._.. EL DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under SPECIAL PROVISIONS be"ow EL DISEASE -POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 days notice of cancellation for non-payment of premium/non-reporting of payroll **Seagate Properties Inc, SR Corporate Center Phase I LLC & SR Corporate Center Phase II LLC Job:Corporate Center Storm Water Pump Station Renovation Project #11131 30* CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SANRAF4 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN The City of San Rafael its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL officers agents & employees** IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Dept of Public Works P O BOX 151560 REPRESENTATIVES. A ZED NTATIVE . . San Rafael, CA 94915 D Ann�Cr—" ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING 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 Completion Department Date 1 City Attorney Review, revise, and comment on draft r 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; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: a Project Manager: �' a...A jName: " " Pro ect Agendized for Ci 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. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. FROM DEPARTMENT: DATE Joel Camacho Public Works 11/04/09 TITLE OF DOCUMENT: DATE OF MEETING: November 16, 2009 NOV 0 5 2009 CITY ATTORNEY REPORT OF BID OPENING AND RESOLUTION AWARDING THE CONTRACT FOR CORPORATE CENTER STORM WATER PUMP STATION RENOVATION PROJECT, PROJECT NO. 11131, TO BARTLEY PUMP INC., IN THE AMOUNT OF $150,262. Department Head (signature) w *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature) File No.: 08.06.60 PROOF OF PUBLICATION (2015.5 C.C.P.) ............................................................................................... CIT.Y..OF. S.9I I.RAF'AEL....................................... NOTICE INVITINSEALED PROPOSALS FOR PUBLIC WORKS - STATE OF GM,TFORN, �A County of Morin SS i arts a 7itizen of the United States and a resident of the C'ourtty aforesaid: I o n over the age of eigl:ieen years, and not a pt:`,; to oc in .erestet in ti.e above matter. I am the prin- cipal ciork of thfo pcinter of the IMARIN INDEPENDENT J: UL -NAL, a of General circulation, printed and ;:ubli.S'�Od daily in the C oui_,ty of Marin, and v,,hich newspaper has been ad edged a newspaper cf generol circulation by the Superior lour, of thr. ('r,unty of Alai in, State of California, ilnder ^.ati? of FiF BRUARi 7. CASE N,7MB,ER 20068 Lilnt the notire, of whiJi the r,r nexed is a printed Cory (set in type no: smaller than nvnparnil). hu.; be:?rt published in each regular and enl ire of said ri.�Nv p aper and not in any sul)pletlie:)t th•�rcuf oz. tae following 0,flr:-: , to cit: OCT. 1 all in the yea,. -2009. I certif. (or dcr_Iare) undef per.aLy of pP iury that tilt; foregoing is true and correct. ...........I .................. . M .... a ....... ............ I r I D6149 S Dated this...... CL CEI VED�T Y F SAN YCLERff RAFAEL 111"Cr _5 PW 1• If Proof of Publication of CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Nofice is hereby given that the City of San Rafael Department of Public Works will receive bids for furnishing all labor, materials, equipment and services for Corporate Center Stone Water Pump Station Renovation PROJECT NO.11131 Project consists of the construction or procure- ment and Installation of a module control center building that shall be complete in place, Including miscellaneous electrical, modifying module con- trol center and integration, disconnecting porta- ble generator, reconnection to the PG&E grid, in- stallation of site lighting & controls, Installation of site conduits & wiring, additional MCC materi- als, performing fence and gate modification, as described In the project specifications. Each bid shall be in accordance with the plans, specifications and other contract documents now on file with the City Clerk, City Hall San Rafael, California; and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street P. 0. Box 151560, San Rafael, CA 94901. Cost shall be Thirty Dollars ( 0.00) per set, non-refundable. Cost of mailing sets shall be an additional Five Dollars ($5.00) per set. Bidders are hereby notified that pursuant to Sec- tion 1770 of the Labor Code of the State of Califor- nia, the City of Sgan Rafael has ascertaiggned the rates general prevailing (holiday and overtime work In the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are availa- ble to any Interested party on request. Each bid shall be made out on the form to be ob- tained at the Department of Public Works, 111 Morphew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and flied with sald City Clerk, 1400 Fifth Avenue, Room 209, City Hall, San Rafael, California 94901 on or before 10:00 AM., October 20, 2009. The City reserves the right to re ect any or all bids or to waive any Informality Ina �Id. Dated: October 1, 2009 /s/Esther C. Beirne ESTHER C. BEIRNE City Clerk NO. 1706 OCT. 1, 2009 PROOF OF PUBLICATIoi-4 CITY OF SAN RAFAEL OPENING OF SEALED BIDS RE: Corporate Center Storm Water Pump Station Renovation PROJECT NO. 11131 Date of Bid Opening: Tuesday, October 20, 2009 @ 10:00 a.m. NAME OF BIDDER Bartley Pump 4000 S. Moorland Avenue Santa Rosa, CA 95407 Fort Bragg Electric, Inc. P.O. Box 1878 Fort Bragg, CA 95437 Mike Brown Electric Co. 561-A Mercantile Drive Cotati, CA 94931-3040 Telstar, Inc. 1717 Solano Way, Suite 34 Concord, CA 94520 Valentine Corporation P.O. Box 9337 San Rafael, CA 94912 AMOUNT $150,262.00 ENGINEER'S ESTIMATE: $181,000.00 $167,880.00 $167,887.00 $196,250.00 $193,900.00 PW Corporate Center Storm Water Pump Station Renovation