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Home My WebLink AboutPW Rossi Storm Water Pump Station Rehabilitation ProjectAgenda Item No: 4_a Meeting Date: November 16, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Director of Public Works (LB) City Manager Approval: File No.: 08.06.62 TOPIC: ROSSI STORMWATER PUMP STATION REHABILITATION PROJECT SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR CONSTRUCTION OF THE ROSSI STORMWATER PUMP STATION REHABILITATION PROJECT, CITY PROJECT NO. 11191, TO VALENTINE CORPORATION IN THE AMOUNT OF $1,348,369 AND AUTHORIZING THE EXPENDITURE OF UP TO $162,000 (APPROX. 12%) FOR PROJECT CONTINGENCIES. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the construction contract to Valentine Corporation in the amount of $1,348,369 with an additional contingency of approximately $162,000. BACKGROUND: The Rossi Stormwater Pump Station, located adjacent to 555 Francisco Boulevard East, was originally constructed in 1952 by the California Department of Transportation (Caltrans). In 1998 Caltrans constructed the North Francisco Pump Station, resulting in a significant reduction in the Rossi Pump Station watershed area, from 197 acres to 50 acres. The Rossi Stormwater Pump Station structure was operational last winter. However, the main concrete structure has deteriorated to a point where the entire system could fail at any time. The failure of this pump station could result in significant flooding on Francisco Boulevard East. During a study session held in June, 2010, staff presented photos of the pump station to the City Council and recommended that reconstruction of the station be included in the 5 -Year Capital Improvement Program. In March 2014, the City advertised the project for bid, however, the cost for the construction exceeded the budget at that time. The pump station rehabilitation is included in the 3 -Year Capital Improvement Program for Fiscal Years 2015/16 through 2017/18 which was approved by City Council on March 16, 2015. FOR CITY CLERK ONLY File No.: 4-1-673 Council Meeting: 11/16/2015 Disposition: Resolution 14036 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 2 On December 20, 2010, City Council accepted a proposal from CSW/Stuber-Stroeh Engineering Group (CSW/ST2) for the design of the project for an amount not to exceed $178,163.00 for design, environmental document preparation and construction support services. This project will widen the sidewalk in front of the pump station from 4 feet to 6.5 feet to provide a buffer from adjacent vehicular traffic as well as provide additional space for bicyclists and pedestrian fronting the pump station. Public Works performed a multi -modal study of the project area on September 28, 2015, to ensure that access is maintained through this corridor. The Rossi Pump Station Rehabilitation Project has been determined to have no significant effect on the environment and is therefore categorically exempt from California Environmental Quality Act (CEQA) requirements. A coffer dam is required to make the necessary modifications to this pump station. Permits from the California Department of Fish and Wildlife, San Francisco Regional Water Quality Control Board, and the U.S. Army Corps of Engineers have been obtained. The Fish and Wildlife permit requires that work not occur prior to March 15, 2016 and the permit expires on December 31, 2016. There is an 8 -month lead period to obtain the pumps and electrical equipment. Moving forward with the construction contract at this time will allow sufficient time to order equipment and be ready to perform the construction after this year's rainy season. The project was advertised in accordance with San Rafael's Municipal Code on August 21, 2015, with an engineer's estimate of $875,000.00. However, during the bidding period, the design engineers discovered an error in their estimate such that the engineer's estimate was amended to be $1,255,000.00. Based on limited funding, an addendum to the bid package was forwarded to all plan holders requesting that a bid alternative be provided which incorporated a different pump manufacturer. Contractors were required to submit bids for ITT Flygt pumps with tungsten mechanical seals, which is the City's preferred pump type for this project. In addition, contractors were required to submit an alternative pump manufacturer which utilized silicon mechanical seals. The revised bidding documents were structured so that the lowest responsible and responsive bidder shall be selected based upon the City's preferred pumps which are the Flygt pumps. The bid documents reserved the right for the City to select the bid alternative after award of the contract. On October 6, 2015, the following bids were received and read aloud: the Base Bid plus the Flygt pumps: NAME OF BIDDER BASE BID AMOUNT (Fivet Pumps) Valentine Corporation $1,348,369.00 Thompson Builders $1,363,500.00 Maggiora & Ghilotti $1,505,505.00 The low bidder's alternative bid, which did not utilize Flygt Pumps, was $1,418,369, which is higher than the base bid and as such we do not recommend moving forward with this alternative. ANALYSIS: The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low Base Bid from Valentine Corporation in the amount of $1,348,369 falls within the allocated project budget. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3 Since the Flygt pumps are the City's preferred manufacturer and the prices for this pump manufacturer is less than the alternative proposals, we recommend proceeding with accepting the base bid amount from the low bidder. PUBLIC OUTREACH: During the design of the project, staff informed the nearby businesses of the proposed project. In addition, in May, 2015, the City of San Rafael Public Works Department hosted a series of public information sessions to inform residents of upcoming projects on Francisco Boulevard East and Grand Avenue, including the Rossi Pump Station Rehabilitation project. Other projects included the Francisco Boulevard East Street Repairs, Francisco Boulevard East Sidewalk Widening Project, Grand Avenue Bicycle/Pedestrian Bridge, and Second Street/Grand Avenue Intersection Improvements. In order to accommodate all interested parties, the City varied the location and time of these events. The events were an open forum type, enabling interested parties to attend as long as they desired. City staff was available to discuss the projects and answer questions. Spanish translation services were available at all events. Informational flyers were distributed in both English and Spanish. Prior to construction, the City will post notices at the project site and distribute flyers in both English and Spanish that will include construction commencement dates. During construction, City staff will keep nearby businesses informed of construction activities and will maintain a project -specific website that will be updated weekly to reflect changes in the project schedule. Traffic control measures will need to be installed during the construction, which will affect vehicular and pedestrian travel on Francisco Boulevard East. Public Works staff, as well as our construction inspection consultant, will be addressing the access through the construction site daily to make sure it is functioning. Coordination with adjacent businesses and signage will be important to provide safe access. FISCAL IMPACT: To date, $166,366.27 has been charged to this project for consultant design, permitting fees and document reproduction. The remaining project expenditures include construction by Valentine Corporation, a recommended contingency of approximately 12%, consultant provided construction inspection services, and consultant provided construction support and material testing and sampling, bringing the total project budget to $1,810,000.00. The following tables summarize funding sources and expenses: FUNDING SOURCES Project F nding Sources Allocation Notes Stormwater Fund (Fund 9205) $1,810,000.00 Total Available Funds $1,810,000.00 CSW-Stuber Stroeh Consultant Design EXPENSES Category Amount Notes Already Charged Expenses Design $158,973.75 CSW-Stuber Stroeh Consultant Design Permits $2,963.00 Various Regulatory Permits Document Reproduction $4,429.52 Already Charged Expenses Subtotal $166,366.27 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 4 Remaining Expenses Construction Contract $1,348,369.00 Base Bid plus Flygt Pump Alternate Bid Construction Contingency $162,042.92 Contingency (approx. 12%) Construction Design Support $28,221.81 Remaining CSW/Stuber-Stroeh Contract Supplies and Services $30,000.00 Materials Testing and Sampling (anticipated) Construction Inspection Services $75,000.00 Consultant provided* Remaining Expenses Subtotal $1,643,633.73 Total Project Cost $1,810,000.00 *The Department of Public Works will solicit proposals from various firms for inspection services. This contract will be brought to City Council for award after this process is complete, but before construction commences in the Spring of 2016. OPTIONS: 1. Adopt the resolution awarding the contract to Valentine Corporation, the lowest responsive and responsible bidder, in the amount of $1,348,369. If this option is chosen, construction will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. 3. Do not award the contract and direct staff to stop work on the project. ACTION REQUIRED: Adopt the resolution awarding the construction contract to Valentine Corporation in the amount of $1,348,369 and authorize the expenditure of approximately $162,000 for the projects contingency. Enclosures: Resolution Agreement RESOLUTION NO. 14036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR CONSTRUCTION OF THE ROSSI STORMWATER PUMP STATION REHABILITATION PROJECT, CITY PROJECT NO. 11191, TO VALENTINE CORPORATION IN THE AMOUNT OF $1,348,369 AND AUTHORIZING THE EXPENDITURE OF APPROXIMATELY $162,000 FOR PROJECT CONTINGENCIES. WHEREAS, on the 6 1 day of October, 2015, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Rossi Stormwater Pump Station Rehabilitation" City Project No. 11191 In accordance with the plans and specifications on file in the office of said City Clerk; and WHEREAS, the bid of Valentine Corporation at the unit prices stated in its $1,348,369 bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder; and WHEREAS, City staff has recommended that a contingency amount of up to $162,000 (approximately 12%) will be required for said project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The plans and specifications for the "Rossi Stormwater Pump Station Rehabilitation", City Project No. 11191, on file in the office of the City Clerk, are hereby approved. 2. The bid of Valentine Corporation is hereby accepted at the unit prices set forth therein, and the contract for said work and improvements is hereby awarded to Valentine Corporation at the unit prices mentioned in said bid. 3. The City Manager and the City Clerk are authorized and directed to execute a contract with Valentine Corporation for said work, in a form approved by the City Attorney, and to return the bidder's bond upon the execution of said contract. 4. Funds are authorized in the amount of up to $162,042.92 for project contingencies. 5. Funds in the total amount of $1,810,000 will be appropriated from Stormwater Fund Number 205. 6. The City Manager is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the Monday, the 16th day of November, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin & Vice -Mayor McCullough NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Phillips le ESTHER C. BEIRNE, City Clerk File No.: 08.06.62 City of San Rafael ♦ California Form of Contract Agreement For Rossi Stormwater Pump Station Rehabilitation Project City Project No. 11191 This Agreement is made and entered into this I(PU day of <V owar4Bg2 r? Ky and between the City of San Rafael (hereinafter called "City") and Valentine Corporation (hereinafter called "Contractor"). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 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 described in the plans and specifications for the project entitled: Rossi Stormwater Pump Station Rehabilitation Project, City Project No. 11191, all in accordance with the Specifications and Contract Documents dated August 2015, which are hereby made a part of this Agreement. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) "Notice to Proceed" will signify the beginning of the 8 -month lead period to obtain materials. However, no field work shall commence, until the delivery of the equipment. (c) All work shall be completed, including all punchlist work, within One Hundred Forty (140) Working Days, and after the 8 -month lead period for acquisition of materials, and with such extensions of time as are provided for in the Contract Documents. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,900 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 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. ,A IA Page 1 of 4 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE BASE BID Site Preparation: Includes mobilization, traffic control, I construction fencing, storage, and material handling. I LS @ $64,000.00 = $64,000.00 Dewatering: Includes coffer dam and dewatering design plan, California Department of Fish and Wildlife (CDFW), National Marine Fisheries Service (NMFS), and Regional Water Quality Control Board (RWQCB) requirements, installation and removal of temporary 2. dewaterin assembly (coffer dam) and gluggin_& at inlet. I LS @ $200,000.00 = $200,000.00 Demolition: Includes removal of fencing, all equipment, delivery of existing equipment as required by specifications, excavation, sidewalk, curb/gutter, portions of retaining walls and levee, portions of sump and its appurtenances (gates, grating, misc. metal), generator pad, generator, fuel, and transformer as shown 3. on the drawings. I LS @ $98,369.00 = $98,369.00 Furnish and Install Structure: Includes forming, form liners, new concrete within the pump station, existing concrete repair and recoating, plugging of existing openings, removal of formwork, access hatches, backfill, discharge grates, railings, fencing, signing, elastomeric coating, and all other appurtenances pertaining to the structure and its operation as shown on the drawings. Also includes construction of a pile supported retaining wall along the existing levee as 4. shown on the drawings. I LS @ $363,000.00 = $363,000.00 Furnish and Install Electrical Equipment: Includes motor control center complete, conduit, pull boxes, wiring, connections, lighting, outlets, level controls, alarms, telemetry, power supply connections and all other appurtenances and operations pertaining to the successful installation and operation of the pump 6. station. I LS @ $260,000.00 = $260,000.00 Furnish and Install Site Improvements: Includes final site grading, aggregate base, hot mix asphalt, new concrete sidewalk, curb, and gutter, irrigation pipe, 7. adjust existing structures to grade, reestablishment of existing benchmark, final inspection, testing and clean- up and all other appurtenances pertaining to the successful installation and operation of the pump station. I LS @ $43,000.00 = $43,000.00_ SUBTOTAL BASE BID: $1,028,369.00 ALTERNATE BID ITEM NO. 5a Furnish and Install Pumping Units: Includes all pumps, barrels, mounting materials, testing and all other appurtenances and operations pertaining to the successful installation and operation of all pump units based upon the materials and equipment described for 5a. Alternate Bid Item No. 5a. I LS @ $320,000.00 = $320,000.00 SUBTOTAL ALTERNATIVE BID ITEM NO. 5A $320,000.00 GRAND TOTAL BID $ 1,348,369.00 Page 2 of 4 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. (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) 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. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its Page 3 of 4 subcontractors under this Agreement, and copies of such endorsements shall be provided to City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: _ ro Robert F. Epstein City Attorney File No.: 08.06.62 Page 4 of 4 VALENTINE CORPORATION: Printed Name: Robert 0. Valentine Title: President To Whom It May Concern: I, Madeleine Valentine, Secretary of Valentine Corporation hereby attest that the following action was taken at a regular meeting of the Board of Directors of the Corporation on September 19, 2003. That, effective immediately, the Board of Directors approve the naming of Robert O. Valentine Jr. as President of Valentine Corporation. As well as President, ROV, Jr. will assume the title of Chief Operating Officer (COO). Robert O. Valentine Sr. will assume the title of Chief Executive Officer (CEO) and Chairman of the Board. That. the Board of Directors enacts the following resolution in affirmation of existing policy: BE IT RESOLVED, that the President and/or the Chic, Executive Officer be authorized to execute on behalf of the Corporation, agreements pertaining to performing services for clients and for the finance or least of such items of property upon such terms and conditions as the officers inhereafter authorized in their discretion may deem necessary or advisable. Signed:, Madeleine Valentine Secretary, Board of Directors Valentine Corporation Date: r CERTIFICATE OF LIABILITY INSURANCE Printed On: November 25, 2015 Agent: Insured: Edgewood Partners Insurance Center (EPIC) Valentine Corporation Sofia Ocegueda Lisa Davis (415) 356-3900 requests@epicbrokers.com Idavis@valentinecorp.com 135 Main Street, 21st Floor San Francisco, CA 94560 General Liability Carrier Company: First Specialty Insurance Corporation Common Gen Liability: checked Policy Number: IRG200274400 Each Occurrence: $2,000,000 Claims Made: Effective Date: 09/30/2015 Fire Damage (any one fire): Occurrence: checked Expiration Date: 09/30/2016 Aggregate Limit Applies Per: Deductible: Project Retention: mo Carrier Company: zurich American Insurance Co Any Auto Liability: checked Policy Number: BAP018504200 $100,000 Med.Exp (any one person): Personal/adv Injury: $2,000,000 General (Aggregate): $4,000,000 Products-comp/op Agg: $2,000,000 Combined Single Limit (Ea Accident): $1,000,000 All Owned Autos: Effective Date: 09/30/2015 Bodily Injury (Per Person): Scheduled Autos: Expiration Date: 09/30/2016 Bodily Injury (Per Accident): Hired Autos: checked Property: Non -Owned Autos: checked Workers Compensation Carrier Company: zurich American Insurance Co Policy Number: WC018504300 E.L. Each Accident: $1,000,000 Effective Date: 09/30/2015 E.L. Disease - Ea Employee: $1,000,000 Expiration Date: 09/30/2016 E.L. Disease - Policy Limit: $1,000,000 Loan/Job Number: 1164 Job Name: Rossi Stormwater Pump Station Rehab Proiect Description of operations, Locations/Vehicles/Special items: Certificate Holder: Authorized Representative: City of San Rafael so Lawrence Moss lawrence.moss@cityofsanrafael.org (415) 485-3063 1400 Fifth Ave San Rafael, CA 94901 A,CtIOR &CERTIFICATE OF LIABILITY INSURANCE DATE 11/25/201/201 W) 11/25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. 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). PRODUCER LIC #OB29370 1-415-356-3989 Edgewood Partners Insurance Center (EPIC) 135 Main Street, 21st Floor CONTACT Teri L. Koehlerr CIC PAHONN Exit:o. q15-356-3965 FAX No:415-284-9947 E-MAIL teri.koehler@epicbrokers.com ADDRESS: p _ INSURER(S) AFFORDING COVERAGE I NAIC p A INSURER A: FIRST SPECIALTY INS CORP 134916 San Francisco, CA 94105 INSURED INSURER B: ZURICH AMER INS CO 16535 Valentine Corporation INSURER C: INSURER D: i PO Box 9337 INSURER E INSURER F: San Rafael, CA 94901 LA JV F' "t, r-1 I -FW I1F11-n IF NIIM4lF N• 4s%nnSg9 mc\11e1A1.1 --- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL N SUBR WV POLICY NUMBER POLICY EFF MMIDDfYYYY I POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 09/30/15 09/30/16 EACH OCCURRENCE S 2.000,000 a �IR(3200274400 DAMAGE TO RENTED 100, 000 PREMISES We occurrence S CLAIMS -MADE OCCUR MED EXP (Any one person) S Excluded PERSONAL 8 ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE j S 4,000,000 a JEC F-1 RPOLICY LOC I PRODUCTS - COMPIOPAGG I S 2,000,000 OTHER: I ] S B AUTOMOBILE LIABILITY i I BAP018504200 09/30/15 09/30/16 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 ANY AUTO BODILY INJURY (Per person) I S Ix ALL OWNED SCHEDULEDBODILY AUTOS AUTOS INJURY Per accident S ( )HIREDAUTOS X AUTOS peoacclAenDAMAGE S 5 UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR DED I I RETENTIONS S B WORKERS EMPLOYCOMPENSATION ILIT AND EMPLOYERS' LIABILITY X WC018504300 10/01/15 10/01/16 X PER ERH Y / N ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXCLUDED? 1N I A E.L. DISEASE- EA EMPLOYE S 1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT IS 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Job #1164, Rossi Stormwater Pump Station Rehab Project City of San Rafael is named as additional insured as respects General Liability on a primary and non-contributory basis per endorsement attached. General Liability and Workers' Compensation waiver of subrogation applies in favor of the additional insured listed above per endorsements attached. City of San Rafael IAttn: Lawrence Moss 1400 Fifth Ave ••jSan Rafael, CA 94901 ACORD 25 (2014/01) socegueda 45500599 TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��,{ (.J� USA `o-- �. ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: IRG200274400 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are perfomling operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Hart Farms 8 Services Reorder No. 14-9389 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 First Specialty Insurance Corporation PRIMARY AND NON-CONTRIBUTING INSURANCE (Third -Party) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COtNIMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Section IV: Conditions, Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirety and replaced with the following condition as respects the Third Party shown below: Section IV: Conditions Other insurance: With respect to the Third Party shown below, the insurance provided by this policy shall be primary and non-contributing insurance. Any and all other valid and collectible insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for a loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. The Third Party to whom this endorsement applies is: Blanket as Required by Written Contract Absence of a specifically named Third Party above means that the provisions of this endorsement apply "as required by written contractual agreement with any Third Party for whom you are performing work." All other terms and conditions of this policy shall remain unchanged. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. Policy Number: IRG200274400 Named Insured: Valentine Corporation Endorsement Effective Date: 09/30/15 FSIC 33513 0611 Includes copyrighted material of Insurance Services Office, Inc. with its pennission. Page I of I POLICY NUMBER: IRG200274400 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 TM Wolters Kluwer Financial Services I Uniform Forms WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the pelicy) This endorsement, effective on Policy No. WC018504300 of the Zurich American Insurance Company issued to Valentine Corporation Premium (if any) $ at 12:01 A.M. standard time, forms a part of Authotized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Blanket as Required by Written Contract WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Job Description Page 1 of 'I CERTIFICATE OF LIABILITY INSURANCE Printed On: November 25, 2015 Agent: Insured: Edgewood Partners Insurance Center (EPIC) Valentine Corporation Sofia Ocegueda Lisa Davis (415) 356-3900 requests@epicbrokers.com Idavis@valentinecorp.com 135 Main Street, 21st Floor San Francisco, CA 94560 Carrier Company: First Specialty Insurance Corporation Common Gen Liability: checked Policy Number: IRG200274400 Claims Made: Effective Date: 09/30/2015 Occurrence: checked Expiration Date: 09/30/2016 Aggregate Limit Applies Per: Deductible: Project Each Occurrence: $2,000,000 Fire Damage (any one fire): $100,000 Med.Exp (any one person): Personal/adv Injury: $2,000,000 Il Description of operations, Locations/Vehicles/Special items: Certificate Holder: Authorized Representative: City of San Rafael so Lawrence Moss lawrence.moss@cityofsanrafael.org (415) 485-3063 1400 Fifth Ave San Rafael, CA 94901 Retention: General (Aggregate): $4,000,000 Products-comp/op Agg: $2,000,000 Automobile Liability Carrier Company: zurich American Insurance Cc Any Auto Liability: checked Policy Number: BAP018504200 Combined Single Limit (Ea Accident): $1,000,000 All Owned Autos: Effective Date: 09/30/2015 Bodily Injury (Per Person): Scheduled Autos: Expiration Date: 09/30/2016 Bodily Injury (Per Accident): Hired Autos: checked Property: Non -Owned Autos: checked Workers Compensation Carrier Company: zurich American Insurance Co Policy Number: WC018504300 E.L. Each Accident: $1,000,000 Effective Date: 09/30/2015 E.L. Disease - Ea Employee: $1,000,000 Expiration Date: 09/30/2016 E.L. Disease - Policy Limit: $1,000,000 Loan/Job Number: 1164 Job Name: Rossi Stormwater Pump Station Rehab Proiect Il Description of operations, Locations/Vehicles/Special items: Certificate Holder: Authorized Representative: City of San Rafael so Lawrence Moss lawrence.moss@cityofsanrafael.org (415) 485-3063 1400 Fifth Ave San Rafael, CA 94901 ACOR"m CERTIFICATE OF LIABILITY INSURANCE °Ll/25/2015 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER LIC #OB29370 1-415-356-3989 CONTACT NAME: Teri L. Koehler, CIC Edgewood Partners Insurance Center (EPIC) PHONE q15-356-3965 FAX 415-284-9947 C N Ext• AIC No• 135 Main Street, 21St Floor 0 E-MAIL ADDRESS: teri.koehler@epicbrokers.com P EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 �TR ....n,ym ,,........,, INSURERS AFFORDING COVERAGE _ NL # AI,.m,,.,.,,,. San Francisco, CA 94105 INSURERA FIRST SPECIALTY INS CORP A 34916 INSURED INSURERS ZURICH A14ER INS CO 09/30/15 16535 Valentine Corporation DAM AGE TO a REccNTrenceED 100,000 PREMISES EourS MED EXP (Any one person) S Excluded ,,,, ........ INSURER C . j PO Box 9337 INSURER D: I INSURER E: San Rafael, CA 94901 INSURER F: GEN`LAGGREGATE LIMIT APPLIES PER: COVERAGES CFRTIFICATF NIIMRFRr 45500599 RFVICInM NIIIMRI:R- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 �TR TYPE OF INSURANCE I N DL SUER POLICY NUMBER M.POILIC .=1 POLICY EXP JM.IDDIYYYY1LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L....X,X]OCOJR X X �V �IRG200274400 09/30/15 09/30/16 EACH OCCURRENCE S 2,000,000 DAM AGE TO a REccNTrenceED 100,000 PREMISES EourS MED EXP (Any one person) S Excluded ,,,, ........ PERSONAL 8 ADV INJURY S 2,000,000 _...................................................................... ....._..__.__ GENERAL AGGREGATE S 4,000,000 GEN`LAGGREGATE LIMIT APPLIES PER: X PRO POLICY ROTHER: JECT .......� LOC PRODUCTS-COMP/OPAGG S 2.000, 000 V Is B AUTOMOBILE LIABILITY '.... BAP018504200 09/30/15 09/30/16 COMBINED SINGLE LIMIT S Ea accident 1,000,000 ANY AUTO BODILY INJURY (Per person) 1 S Ix ALL OWNED SCHEDULEDBODILY INJURY (Per accident) S NON,OAUTOSAUTOSHIRED AUTOS X AUTOSWNED P eOr accident) YDAMAGE S S UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS S B WORKERS EMPLOY RS'LSAILITTION ANO EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICERIMEMBER EXCLUDED7 � N / A X WC018504300 10/01/15 10/01/16 PER X STATUTE ER EACH ACCIDENT S 1,000,000 E.L. DISEASE- EAEMPLOYEd S 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT I S 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) Re: Job #1164, Rossi Stormwater Pump Station Rehab Project City of San Rafael is named as additional insured as respects General Liability on a primary and non-contributory basis per endorsement attached. General Liability and Workers' Compensation waiver of subrogation applies in favor of the additional insured listed above per endorsements attached. CERTIFICATE HOLDER CANCELLATION City of San Rafael Attn: Lawrence Moss 1400 Fifth Ave ISan Rafael, CA 94901 ACORD 25 (2014/01) socegueda 45500599 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA I � ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: IRG200274400 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are perfornling operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Hart Forms & Services Reorder No. 14-9389 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 First Specialty Insurance Corporation PRIMARY AND NON-CONTRIBUTING INSURANCE (Third -Party) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CONINIIERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORK( Section IV: Conditions, Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirety and replaced with the following condition as respects the Third Party shown below: Section IV: Conditions Other Insurance: With respect to the Third Party shown below, the insurance provided by this policy shall be primary and non-contributing insurance. Any and all other valid and collectible insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for a loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. The Third Party to whom this endorsement applies is: Blanket as Required by Written Contract Absence of a specifically named Third Party above means that the provisions of this endorsement apply "as required by written contractual agreement with any Third Party for whom you are performing work." All other terms and conditions of this policy shall remain unchanged. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. Policy Number: IRG200274400 Named Insured: Valentine Corporation Endorsement Effective Date: 09/30/15 FSIC 33513 0611 Includes copyrighted material of Insurance Services Office, Inc. with its pennission. Page 1 of 1 POLICY NUMBER: IRG200274400 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 TM Wolters Kluwer Financial Services I Uniform Forms WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following 'attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement, effective on Policy No. WC018504300 of the 'Zurich American Insurance Company issued to Valentine Corporation Premium (if any) $ at 12:01 A.M. standard time, forms a part of Aulhorize<J Repress entalive We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be oto of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Blanket as Required by Written Contract WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Job Description Page 1 of 1 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 a;;reements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step _Repons-ible Responsible Description Completion De .art ........... Da 1 . City Attorney .... Review, revise, and comment on draft agreement. . 2 __...................................... Contracting Department Forward final agreement to contractor for AVNWN` _ their signature. Obtain at least two signed ems^ . originals from contractor. ......... �_._. _...._ ...... 3 ....... Contracting Department Agendize contractor -signed agreement for 1114 «-- Council approval, if Council approval necessary (as defined by City Attorney/City .�. *) Ordinance*). _ .......... form 4 Ci tyAttorney Review and approve of agreement; 4vv „li, bonds and insurance certificates andti•#�* .......................................... endorsements.Yrp ......._......_........................................ ._......................................... ... .�....�......... � r , a �`'��s' 5 __.,...� City Manager / Mayor / or Agreement executed by Council authorized Dep Head official. ........._._........_... _._.. 6 .. City Clerk _.....�. City Clerk attests signatures, retains original agreement and forwards copies to the .. ty f • PINSK To be completed by Contracting Department: Project Manager: 1f1Qn 'roject Name: 1 T ' M! raC,f pm� Agendized for City Council Meeting of (if necesw ry): 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. ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # q -a Date of Meeting: 11/16/2015 From: Dean Allison Department: Public Works Date: 11/5/2015 Topic: AWARD A CONTRACT FOR CONSTRUCTION OF THE ROSSI STORMWATER PUMP STATION REHABILITATION PROJECT Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR CONSTRUCTON OF THE ROSSI STORMWATER PUMP STATION REHABILITATION PROJECT, CITY PROJECT NO. 11191, TO VALENTINE CORPORATION IN THE AMOUNT OF $1,348,369.00 AND AUTHROZING THE EXPENDITURE OF UP TO $162,042.92 (APPROX. 12%) FOR PROJECT CONTINGENCIES FOR A TOTAL AUTHORIZATION OF $1,810,000. Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Van Bach ® City Attorney Remarks: LG -Approved 11/5/15 with revisions and questions for Finance. ® Author, review and accept City Attorney / Finance changes Remarks: Z City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: City of San Rafael ♦ California Form of Contract Agreement for Rossi Stormwater Pump Station Rehabilitation City Proiect No. 11191 This Agreement is made and entered into this day of _ ............... 2015 by and between the City of San Rafael (hereinafter called City) and Valentine Corporation (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 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 described in the plans and specifications for the project entitled: Rossi Stormwater Pump Station Rehabilitation, City Project No. 11191, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The Contractor shall furnish insurance as required in the "Insurance Requirements Sheet" attached hereto and incorporated herein by reference. The required additional insured coverage for City under contractor's liability insurance policy shall be primary with respect to any insurance or coverage maintained by City and shall not call upon city's insurance or self-insurance for any contribution. 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) "Notice to Proceed" will signify the beginning of the 8 -month lead period to obtain materials. However, no field work shall commence, until the delivery of the equipment. (c) All work shall be completed, including all punchlist work, within One Hundred Forty (140) Working Days, and after the 8 -month lead period for acquisition of materials, 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 working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,900 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 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 DESCRIPTION ESTIMATED QUANTITY I UNIT UNIT PRICE TOTAL PRICE BASE 8ID Site Preparation: Includes mobilization, traffic control, 1 construction fencing, storage, and material handling. 1 LS @ $64,000.00 — $64,000.00 Dewatering: Includes coffer dam and dewatering design plan, California Department of Fish and Wildlife (CDFW), National Marine Fisheries Service (NMFS), and Regional Water Quality Control Board (RWQCB) requirements, installation and removal of temporary 2. dewateringassembl (coffer dam) and plugging at inlet. 1 LS @ $200,000.00 $200,000.00 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE Demolition: Includes removal of fencing, all equipment, delivery of existing equipment as required by specifications, excavation, sidewalk, curb/gutter, portions of retaining walls and levee, portions of sump and its appurtenances (gates, grating, misc. metal), generator pad, generator, fuel, and transformer as shown 3. on the drawings. 1 LS @ $98,369.00 — $98,369.00 Furnish and Install Structure: Includes forming, form liners, new concrete within the pump station, existing concrete repair and recoating, plugging of existing openings, removal of formwork, access hatches, backfill, discharge grates, railings, fencing, signing, elastomeric coating, and all other appurtenances pertaining to the structure and its operation as shown on the drawings. Also includes construction of a pile supported retaining wall along the existing levee as 4. shown on the drawings. 1 LS @ $363,000.00 = $363,000.00 Furnish and Install Electrical Equipment: Includes motor control center complete, conduit, pull boxes, wiring, connections, lighting, outlets, level controls, alarms, telemetry, power supply connections and all other appurtenances and operations pertaining to the successful installation and operation of the pump 6. station. 1 LS @ $260,000.00 = $260,000.00 Furnish and Install Site Improvements: Includes final site grading, aggregate base, hot mix asphalt, new concrete sidewalk, curb, and gutter, irrigation pipe, 7. adjust existing structures to grade, reestablishment of existing benchmark, final inspection, testing and clean- up and all other appurtenances pertaining to the successful installation and operation of the pump station. 1 LS @ $43,000.00 = $43,000.00 SUBTOTAL BASE BID: $1,028,369.00 ALTERNATE BID ITEM NO. 5a Furnish and Install Pumping Units: Includes all pumps, barrels, mounting materials, testing and all other appurtenances and operations pertaining to the successful installation and operation of all pump units based upon the materials and equipment described for 5a. I Alternate Bid Item No. 5a. 1 LS @ 1 $320,000.00 = $320,000.00 SUBTOTAL ALTERNATIVE BID ITEM NO. 5A $320,000.00 GRAND TOTAL BID $ 1,348,369.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 08.06.62 CITY OF SAN RAFAEL: Jim Schutz City Manager VALENTINE CORPORATION: Printed Name: Title: