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HomeMy WebLinkAboutPW ADA Curb Ramps 2012-13 ProjectAgenda Item No: 3.h Meeting Date: November 5, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by:City Manager Approv'ap Public Works Director (HY) File No.: 16.01.259 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE ADA -DOJ CURB RAMPS 2012-2013 PROJECT, CITY PROJECT NO. 15006, TO COASTSIDE CONCRETE IN THE AMOUNT OF $189,866.25. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to Coastside Concrete in the amount of $189,866.25 for the base bid and alternate bid items I and 2. In August of 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 portion of the agreement calls for the City of San Rafael to construct curb ramps or sloped areas at any intersection to provide access for pedestrians. In 2004, Public Works identified a backlog of approximately 800 curb ramps requiring construction. The proposed project includes construction of 16 new ADA compliant curb ramps and storm drainage improvements primarily in the Terra Linda area. The design of the project was completed by City of San Rafael Department of Public Works engineering staff. On October 1, 2012, the City Council adopted the plans and specifications and authorized the City Clerk to call for bids. The project was advertised in accordance with San Rafael's Municipal Code and policies on October 3, 2012, and sealed bids were publicly opened and read aloud on October 25, 2012 at 1:30 PM. The base bid was used for comparison of prices and award of the contract. The engineer's estimate was $232,000 for the base bid while the engineer's estimate for alternate bid items I and 2 were $4,000 and $1,500, respectively. File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The following seven base bids were received: NAME OF BIDDER AMOUNT Coastside Concrete $170,866.25 Rosas Brothers Construction $198,520.00 Fieldstone Construction Company $226,385.00 Ghilotti Brothers, Inc. $227,947.00 JJR Construction $249,167.50 WR Forde Associates $263,630.00 Wickman Development & Construction $336,770.42 ANALYSIS: The low base bid from Coastside Concrete of $170,866.25 plus alternate bid items 1 and 2 of $12,500.00 and $6,500 respectively, falls within the allocated project budget. FISCAL IMPACT: This project is supported by the following revenue sources: W.419=4 8 Source Amount Note(s) Community Development Block Grant 11/12 $33,609.00 Grant provides 100% reimbursement Community Development Block Grant 12113 $222,242.00 Grant provides 100% reimbursement Total Available Funds $255,851.00 To date, a total of $34,149.91 has been charged to this project to collect topographic survey and for plan and specification reproduction. The remaining project expenses include the construction to be performed by Coastside Concrete and a recommended contingency of approximately 17% for construction resulting in a total construction cost of $221,701.09 and a total project cost of $255,851.00. The following table summarizes the expenses associated with this project: EXPENSES Category -Eden Expense Codi Awb"`4- : ' l ©tee Already Charged Expenses Design and Consultation -01 $33,315.00 Topographic Survey Supplies & Services -07 $834.91 Reproduction of Plans and Specifications Already Charged Expenses Subtotal $34,149.91 Remaining Expenses Construction -02 $170,866.25 Base Bid Contract Amount $12,500.00 Alternate Bid Item 1 Contract Amount $6,500.00 Alternate Bid Item 2 Contract Amount $31,834.84 Contingency Remaining Expenses Subtotal $221,701.09 Total Project Cost $255,851.00 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 We therefore request that the Council approve $255,851.00 for the project. OPTIONS: The Council may choose not to award the contract and direct staff to rebid the project. Choosing this option may result in loss of grant funds. Adopt resolution awarding contract to Coastside, Concrete for the Base Bid amount of $170,866.25 plus Bid Alternative Item 1 ($12,500) and Bid Alternative Item 2 ($6,500) for a total award amount of $189,866.25. Enclosures 1. Resolution 2. Agreement RESOLUTION NO. 13433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE ADA -DOJ CURB RAMPS 2012-2013 PROJECT, CITY PROJECT NO. 15006, TO COASTSIDE CONCRETE IN THE AMOUNT OF $189,866.25. WHEREAS, on the 3rd day of October, 2012, 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 2012-2013" City Project No. 15006 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Coastside Concrete 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. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of Coastside Concrete is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to Coastside Concrete at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with Coastside Concrete in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. RESOLVED, FURTHER, that 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 Council of said City held on the 5th day of November, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None File No.: 16.01.259 VSTUER (74EIRNE, G Clerk City of San Rafael ♦ California Form of Contract Agreement for ADA -DOJ Curb Ramps 2012-2013 City Project No. 15006 This Agreement is made and entered into this 5th day of November, 2012 by and between the City of San Rafael (hereinafter called City) and Coastside Concrete (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - 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 shown on the plans and described in the specifications for the project entitled: ADA -DOJ Curb Ramps 2012-2013, City Project No. 15006, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary with respect to any other insurance available to the City. 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, including punchlist items, shall be completed within TWENTY-FIVE (25) WORKING DAYS and with such extensions of time as are provided for in the General Conditions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of calendar 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 $1,500 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. IV - 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 NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL j PRICE BASE BID 1. Signs and Traffic Control 1 LS $7,500.00 $7,500.00 2. Clearing and Grubbing 1 LS $20,000.00 $20,000.00 3. Minor Concrete — Minor Structures a. Type A Curb' Gutter 750 j LF $30.00 $22,500.00 b. 6 -inch Thick PCC Driveway I 40 SF $10.00 $400.00 ! c. 4 -inch Thick PCC Sidewalk 1,550 SF $10.00 $15,500.00 r !G Page 1 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BILI (CONTINUED) d. Curb Ramp — Case A 1 EA $2,500.00 $2,500.00 e. Curb Ramp — Case C 13 EA $2,500.00 $32,500.00 f. Curb Ramp — Modified Case C 2 EA $2,750.00 $5,500.00 g. Type E Catch Basin 5 EA $1,200.00 $6,000.00 h. Storm Drain Manhole 2 EA $3,000.00 $6,000.00 4. Asphalt Concrete 150 TON $185.00 $27,750.00 5. Storm Drain Pipe 115 LF $125.00 $14,375.00 6. Roadside Sign and Post 6 EA $400.00 $2,400.00 7. Traffic Stripes and Pavement Markings a. Pavement Markings 925 SF $7.25 $6,706.25 b. Detail 22 Traffic Stripe 50 LF $3.50 $175.00 c. Paint Curb Red 265 LF $4.00 $1,060.00 SUBTOTAL BASE BID $170,866.25 ALTERNATE BID ITEM 2 1 Drainage Improvements at 1002 Del Ganado Road 1 LS $12,500.00 $12,500.00 2 Drainage Improvements at 98 Duran Drive 1 LS $6,500.00 $6,500.00 SUBTOTAL ALTERNATE BID ITEMS i & 2 $19,000.00 GRAND TOTAL $189,866.25 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 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. Page 2 (b) Before final payment is due the Contractor shall submit evidence satisfactory to the 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) The 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 Engineer so certifies, the City shall, upon certificate of the 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. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. F.,Vv .w Esther C. Beirne City Clerk CITY OF SAN RAFAEL: Nader Mansourian Public Works Director CONTRACTOR: Robert F. Epstein or: Coastside Concrete City Attorney File No.: 16.01.259 Page 3 AO1DrM CERTIFICATE OF LIABILITY INSURANCE DATE THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 11/14J2012 PRODUCER ARTHUR E. SCHIEFFER & SON THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 338 Center Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EXPIRATION DATE MMID DtYY P . O. Box 515 Healdsbur CA 95448 - INSURERS AFFORDING COVERAGE INSURED INSURER A: ALLIED INSURANCE COASTSIDE CONCRETE INSURER B HARTFORD UNDERWRITERS INSURANCE COMPANY 2160 W. HEARN AVE INSURER C: INSURER D. SANTA ROSA CA 95407- INSURER E. I9(@1"l='l4l4J_`i 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMtDDtYY POLICY EXPIRATION DATE MMID DtYY LIMITS A GENERAL LIABILITY ACP7800992990 12/04/2011 12/04/2012 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [X] OCCUR 1 1 1 1 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 1 1 1 1 GENI AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OPAGG $ 2,000,000 POLICY JECOT M LOC 1 1 1 1 B AUTOMOBILE LIABILITY 57UECZN4102 01/15/2012 01/15/2013 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS / 1 1 / BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS / I 1 1 BODILY INJURY NON -OWNED AUTOS (Per accident) $ 1 1 1 1 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO 1 I 1 1 OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY X I OCCUR CLAIMS MADE ACP7800992990 12/04/2011 12/04/2012 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 $ DEDUCTIBLE / 1 1 1 $ RETENTION $ B WORKEREMPLOYERS' OMAPBILITY AND 57WECVV0751 05/01/2012 05101/2013 X TORY LIMITS OER E.L EACH ACCIDENT $ 1,000,000 I 1 1 1 EL DISEASE -EA EMPLOYEE $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 OTHER 1 I 1 1 1 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF SAN RAFAEL AND MARIN COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY. INCLUDES PRIMARY AND NON—CONTRIBUTORY WORDING. PROSECT: ADA—DOJ CURB RAMPS 2012-2013 — CITY PROJECT #15006 UMM I ml%,A I r- nULUCK h = ADDITIONAL INSURED; INSURER LETTER: _ GANGELLA IIUN 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 AUTHORIZ TA Iv SAN RAFAEL CA 94901- AUUKU 1O -J (tfVf) OACORD CORPORATION 1988 .�; INS025S (99'0).01 ELECTRONIC LASERFORMS INC. -(800)327-0545 Page i of 2 CG70 57 (03-96) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULED Name Of Person Or Organization: CITY OF SAN RAFAEL AND MARIN COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES Project Name: ADA -DOJ CURB RAMPS 2012-2013, PROJECT 415006 Project Location: SAN RAFAEL, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (SECTION 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to acts or omissions of the named insured in connection with the named insured's ongoing operations. As respects coverage provided by this endorsement to the person or organization shown in the schedule, coverage does not apply to "bodily injury" to an "employee" of the named insured. 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 agreed of coverage without (30) days prior written notice. CG70 57 COMMERCIAL AUTO CA 20 01 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 11-14-2012 Named Insured Countersigned By COASTSIDE CONCRETE (Authorized Representative) SCHEDULE Insurance Company HARTFORD INSURANCE Policy Number 57UECZN4102 Effective Date 1-15-2012 Expiration Date 1-15-2013 Named Insured COASTSIDE CONCRETE Address 2160 W. Hearn Ave, Santa Rosa, CA 95407 Additional Insured (Lessor) CITY OF SAN RAFAEL AND MARIN COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES 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 WAIVERTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Pol57 WEC VV075I Endorsement Number: Effective Date: 05/0I/I2 Effective hour is the same on stated on the Information Page of the policy. Named Insured and Address: MARK AND BRETT SOUSA 2160 W. BEAnN AVENUE SANTA ROSA, CA 95407 We have the right to recover our payments from anyone liable for on injury covered by this policy. We will not enforce our right against th person ororganization named inthe Schedule. (This agreement applies only tothe extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement ohnU be premium otherwise due on such remuneration. Person mrOrganization KI SCHEDULE 3 96 of the California workers' compensation Job Description ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY wgzrzBN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US Countersigned by Authorized Representative Form VVCU403 06 (1) Printed in U,8.4. �./ Amecan Contractors Indemnity Company HC 601S , Figueroa Street, Suite 1600, Los Angeles, California 90017 main 310 649 0990 facsimile 310 649 0416 UM BASED ON Bond No. _ CONTRACT PRICE Premium: $ _ Public Works —Performance KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE 1000908368 4797.00 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 CA , as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee, in the sum of ONE HUNDRED EIGHTY NINE THOUSAND EIGHT HUNDRED SIXTY SIX DOLLARS 25/100THS Dollars {$ 189,866.25 ), 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 with said Obligee to do and perform the following work, to wit: ADA -DOJ CURB RAMPS 2012-2013 - PROJECT NO 15006 11/5/2012 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, the construction work 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 9TH day of COASTSIDE CONCRETE Principal NOVEMBER 2012 AMERICAN CONTRACTORS INDEMNITY COMPANY By Joe ELIZABETH A. JUAREZ AP Attorney-ir-Fact Hccszz209BO4r10 State of Califomia Coumy of Sacramento On 11-9-2012 before me, JE NNIFER L. PETKUS, NOTARY PUBLIC (flere ins art name and title of the otrwer) personally appeared Elizabeth A. Juarez who proved to me on the basis of satisfactory evidence to be the personH whose narne(s) isicare subscribed to the -within instrurrient and acknowledged to me that 4eVshe44ey executed the same in h+s/her/their authorized capacity(ries), and that by his/her/*eir signature(&4 on the instrument the person(4), or the entity upon behalf of which the person( -s) 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. I -s JENNIFER L. PETKUSL w74-apil official seal, E.'uyj 0 eN,4ary-'Scal) of Notary Public DE.SCRIPTICN OF THE ATTAC11FL) DOCUTNIE-NT (Title or descrrption of affached document) (Title or description of attached document continued) Number of Pages _ Dm-urnent Date (Adcfitissnal information) 2008 Version C,'XisAv12,10.07900-873-9865 ",%,w,7qotary('laie;eseo;n IN[STRUCTIONTS FOR CONWLETING THIS FORM Any completed in Caliturnsa trust contain rerbiage exactly as appears above m the notary section or a separate ack-msaledgmentform must be pro,w-ris, completed and atached oc that document The esth exception is if a documere is to be roc orand outside ofCah fornia, in such instances, any alternative acknowledgment verbiage. as mqy he printed an such a document so long as the verbiage does not require the normy to do somethoW than is dlegalfor a notary m Gold-orres (ix, cert�fymg the authorized capacity of the sigwr), Necue check the doc I - les ere eco efidlyfor proper notanca wording and arrach dus form n"required. * State mid County information must lie the State mid County where the document sigra;Ksl personally appeared before the notary public for acknowledgment. * Date of a afion must be the date that the signer(s) personalb, appewed which must also be the s date thsi acknowledgment is compteted, *The notary r y ablic must pint his or her name as it appears within his or her cominission followed by a comma and then your title (notary public). * Print the rmme(%) of document sigh s) who personally appear at the time of * indicate the correct singular or plural fcrm,: lay crasging off incorrect forms (i.e. ' is ' , 7) or circling the c fonns. Failure to correctly indicate this information ma, lead to mjectim ot'document rccording. * The notary seal impressicin must be door and photographically reproducible. Impression tinmt not cover text or '.me-,, If seal impression smudges, re -stat if a sufficient area permits, otherwise complete a chffcr=t acknowledgment form. * Signature of the notary public must match the signature on file with the office of the aouaft' Clerk. 4 2idditional infivnuation is not required but could help to crisme this acknowledgment is not mistisecl or ahed to a different document. u ,s Indicate -title or type of attaelted discument, number of page, s and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer- indicate tive title (i,c, (`f 1 CFO, Sccretary) * Securely attach this document to the sinned dcamineint El Individ" (s) El Corporate Officer (Title) Li Partner(s) X jrrwy-i-n-Fact Am ,E:, 'rniiit4oe(s) E] Other 2008 Version C,'XisAv12,10.07900-873-9865 ",%,w,7qotary('laie;eseo;n IN[STRUCTIONTS FOR CONWLETING THIS FORM Any completed in Caliturnsa trust contain rerbiage exactly as appears above m the notary section or a separate ack-msaledgmentform must be pro,w-ris, completed and atached oc that document The esth exception is if a documere is to be roc orand outside ofCah fornia, in such instances, any alternative acknowledgment verbiage. as mqy he printed an such a document so long as the verbiage does not require the normy to do somethoW than is dlegalfor a notary m Gold-orres (ix, cert�fymg the authorized capacity of the sigwr), Necue check the doc I - les ere eco efidlyfor proper notanca wording and arrach dus form n"required. * State mid County information must lie the State mid County where the document sigra;Ksl personally appeared before the notary public for acknowledgment. * Date of a afion must be the date that the signer(s) personalb, appewed which must also be the s date thsi acknowledgment is compteted, *The notary r y ablic must pint his or her name as it appears within his or her cominission followed by a comma and then your title (notary public). * Print the rmme(%) of document sigh s) who personally appear at the time of * indicate the correct singular or plural fcrm,: lay crasging off incorrect forms (i.e. ' is ' , 7) or circling the c fonns. Failure to correctly indicate this information ma, lead to mjectim ot'document rccording. * The notary seal impressicin must be door and photographically reproducible. Impression tinmt not cover text or '.me-,, If seal impression smudges, re -stat if a sufficient area permits, otherwise complete a chffcr=t acknowledgment form. * Signature of the notary public must match the signature on file with the office of the aouaft' Clerk. 4 2idditional infivnuation is not required but could help to crisme this acknowledgment is not mistisecl or ahed to a different document. u ,s Indicate -title or type of attaelted discument, number of page, s and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer- indicate tive title (i,c, (`f 1 CFO, Sccretary) * Securely attach this document to the sinned dcamineint American Contractors Indemnity Company 601 S. Figueroa Street, Suite 1600, Los Angeles, California 90017 main 310 649 0990 facsimile 310 649 0416 Bond No. 1000908368 Premium $ INCL ON PERFORMANCE BOND Public Works - Labor & Material Bond KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE , 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 NINE THOUSAND EIGHT HUNDRED SIXTY SIX DOLLARS 251I00THS*** Dollars {$ 189,866.25 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, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated 1115112 with the Obligee to do and perform the following, to wit: ADA -DOJ CURB RAMPS 2012-2013 - PROJECT NO: 15006 NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 9TH COASTSIDE CONCRETE Principal Y --- day of NOVEMBER 2012 9 AMERICAN CONTRACTORS INDEMNITY COMPANY ELIZABETH A. JtJAREZ A omen -in -Fact m State of California County of Sacramento On 11-A-20 12 "Ifera insert name and title of the officer) personally appeared Elizabeth A. Juarez subscribedwho proved to me on the basis of satisfactory evidence to be the personH whose name(!�) ishme authorizedthe within instrument and acknowledged to me that 4e�she44ey executed the same in hi-s/her/+eir capacity(ils), and that by his/hertitheir signature(&4 on the instrument the person(4), or the entity upon behalf which the person(-,-� acted, executed the instniment- is trite and correct, IF PETKU .f R � s i al PUBUC € �_,l O 1 WrrN d official Sea]. f EMIRES JUL 2 ";'votary Neal) � 3 Sigr€atur� cif l*iotary' i;•tic DESCRIPTION OF THE ATTACHM D`IINIT 9 (Wille or description of aft-acheddocument' (Title or description of attached document continued) Number of Pages _ Doewnent Date (Additional information) CAP C°II'Y C"I. 1 �,D B -I' fl. °>I _iM.R Ell Irick) id ` (s) 0 r Corporate Officer critic) 0 Partner(s) 1-N Ott ;=e. e iii -Fact 7-1 Trusted S) 01 Gaiter 008 Version CAPAw i?.ICt.Ct7 800-8T=-9865 wsxAw.Notary`C`lass€&co m INSTRUCTIONS IO S FOR CONWLETING 11 -IIS FORM Any acknowledgment =c pletUd in C"cal€forma must contain verbiage exactly as axaariears acuate as the swtary seenon or a separate aukn',rw1eclgmmnt farm crust be krsiperla completed and atached to that document Tic, only arception is if a d- acument to to be, recorded outside. n "c ahi rma. [n such instances an ahernratve acknrawlodg tient rerbigge vas inzor be glinted on siv h a document so Irng as the aerbiage macs rant reipare the r a _r, to do someth axg that is laagal for a notary it C alt 6rnw tic. cerr# �aiug; the azaborived capacity of the s grwo, Please check tate abicumerg carefulev j"cr proper no aracai warding cast attach this fibrist tj required. `tate and Count, information must be the State and County where the document signs) personally appeared before the notary public for acknowledgment. * Date of notari7arion mast be the date that the signers) persouat y appeared which )roust also be the same date the acknowl-edgment is completed, s The Potary public moist print his or her name as it appears xvithin his or her e m mission follmsod by a comn$a and then your title (nc3tari public). e Print the name(s) of (iccu ncnt signer(s) who personally ;appear at the time of neat za . Indicate the correct singular or plural forms by crossing off inc m ct forms (i -c. shel is i ) or circhng the correct forms. Failure to c cirrect;y indicate this information may lead to ;cjecticin of docurcont recording. The rn Aaryseat impression taut be clear and photographically= reproducible. Impression must sato) cower text or Innes. If seal impression smudges, re -seat if a su4fscaent area permit-, otherwise complete a different acknowledgment form. s Signature of the notary, public must match the signature on file with the office of the vim atv ch aka * Additional infonnation is not m juire 4 but could help to ensure this acknowledgment is not mismed or attached to a different document. lndicatie title or type of atfached docurnrnt. number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate seer. indicate the iitk Che CEO, C F0, Secret ,), • Securely attach this 1oct:nsent to the signed document k 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 Bonding 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 (collectively, the "Companies"), do by these presents make, constitute and appoint: Eric J. Fedors, Sheryl Smith, Elizabeth A. Juarez, Nhung H. Saephan, Katy Travis, Vicky Troyan, or Daren Eiseman of Sacramento, California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is reamed above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, 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 ($ **1,000,000.00** ), This Power of Attorney shall expire without further action on March 18, 2015. 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company, subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, 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 Attomey-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 valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3`d day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY - UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals „o T� OEA L t I,+IDaniel P. Aguilar,Vice President State of California *y1 County of Los Angeles SS: On this 3rd day of October, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel 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 his authorized capacity, and that by his signature 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RE ESE wWrAw"stS"M Signature t" (Seal) 40 kovy Pl . e m�A 1 €_ womm,bimmViintst I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is 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 Los Angeles, California this 9TH day of NOVIIMBER , 2012 OAL T Corporate SealsAL F srr+ Bond No. 1000908368 \7� Jeannie Lee, Vsistant Secretary Agency No. 9010 PROFESSIONAL SERVICES AGREEMENT/C( COMPLETION CHECKLIST AND ROUTIN 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 a2 I reements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date I City Attorney Review, revise, and comment on draft 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 J/ agreement and forwards copies to the & contracting depa,rtment. To be completed by Co ac ung Department. rf Project Project A JN74, r 'ect Manager: Name: Agendized for City Council Meeting Of (if ne /essary): 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 INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL /AGENCY. SRRA(4,SRC", GENDA ITEM NO. —3Lj7L- DATEOFMEETING: November 5, 2012 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: October 26, 2012 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE ADA -DOJ CURB RAMPS 2012-2013 PROJECT, CITY PROJECT NO. 15006, TO COASTSIDE CONCRETE IN THE AMOUNT OF $189,866.25. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY APPROVED AS TO FORM: AGENDA ITEM: lilt 1�z PFE -'A 0 City Manager (ignature) City Attorney (signator )