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HomeMy WebLinkAboutPW ADA Curb Ramps 2009-10 ProjectAgenda Item No: 15 Meeting Date: June 7, 2010 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: / i�/y�/2� City Manager Approval: e ,4 Public Works Director (LB) U:i- AT- . 1 L 111 7CL SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE ADA/DOJ COMPLIANCE CURB RAMP 2009- 2010 PROJECT, CITY PROJECT #15006, TO FBD VANGUARD CONSTRUCTION INC., IN THE AMOUNT OF $454,003.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to FBD Vanguard Construction Inc. in the amount of $454,003.00. BACKGROUND: 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 for each resurfacing project undertaken since 1992, and for all future resurfacing projects. This project will install 114 curb ramps primarily in the Terra Linda and Central San Rafael areas. The design of the project was completed by City of San Rafael Department of Public Works engineering staff. On May 3, 2010 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 May 7, 2010 and bids were publicly opened on June 2, 2010 at 2:30 PM and read aloud. The engineer's estimate was $577,000. The following five bids were received: NAME OF BIDDER AMOUNT FBD Vanguard Construction Inc. $454,003.00 Rosas Brothers Construction $479,484.00 Bay Pacific Pipelines, Inc. $489,496.50 Ghilotti Bros., Inc. $527,339.00 Ghilotti Construction Co., Inc. $630,530.50 FOR CITY CLERK ONLY File No.: 4 —/ -b/& Council Meeting: *I aof o Disposition: U (f 0AJ #4 I;A-*Lt SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 A total of $600,000 is available for the project: $500,000 for construction and $100,000 for in-house design. These are federal Community Development Block Grant (CDBG) funds, which we have used to fund our curb ramp projects since the 2004 initiation of the Department of Justice Settlement Agreement. ANALYSIS: The bid from FBD Vanguard Construction, Inc. was $454,003.00 and falls within the allocated project budget. FISCAL IMPACT: To date, a total of $1,271.13 has been charged to this project reproduction of the plans and specifications. The design was completed in house by City of San Rafael engineering staff. The remaining project costs include construction work to be performed by FBD Vanguard Construction Inc. and a 15% construction contingency, resulting in a remaining project cost of $522,003.00 and a total project cost of $523,274.13. The following table summarizes the costs which are associated with this project: Category -Eden Expense Code Amount Note(s) Already Charged Expenses Community Development Block Grant $500,000.00 $1,271.13 Includes plan reproduction Remaining Expenses $23,274.13 Construction -02 $454,003.00 Contract Amount 1 $523,274.13 68,000.00 Contingency (approximately 15% Remaining Expenses SubTotal $522,003.00 Total Project Cost 523,274.13 We therefore request that the Council approve a total project cost of $523,274.13 from the following funding sources: Source Amount Note(s) Community Development Block Grant $500,000.00 Costs are 100% reimbursable from the ant Unallocated gas tax (transfer from project 11138 $23,274.13 Total Available Funds 1 $523,274.13 OPTIONS: The Council can choose not to award the contract and direct Staff to rebid the project. ACTION REQUIRED: Adopt Resolution awarding contract to FBD Vanguard Construction, Inc. in the amount of $454,003.00. Enclosures 1. Resolution 2. Agreement RESOLUTION NO. 12974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR ADA/DOJ COMPLIANCE CURB RAMP 2009-2010 PROJECT, CITY PROJECT #15006, TO FBD VANGUARD CONSTRUCTION, INC., IN THE AMOUNT OF $454,003.00. WHEREAS, on the 2nd day of June, 2010, 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 Compliance Curb Ramp 2009-2010 Project" 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 FBD Vanguard Construction, Inc., at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of FBD Vanguard Construction, Inc. is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to FBD Vanguard Construction, Inc. at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the City Manager and the City Clerk of said City be authorized and directed to execute a contract with FBD Vanguard Construction, Inc. in a form approved by the City Attorney, for said work and to return the bidders bond upon the execution of said contract. RESOLVED, FURTHER, that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, 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 7"' day of June, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk City of San Rafael ♦ California Form of Contract Agreement for ADA -DOJ Compliance Curb Ramps 2009-2010 Prosect Project No. 15006 This Agreement is made and entered into this 7"' day of June, 2010 by and between the City of San Rafael (hereinafter called City) and FBD Vanguard Construction Inc. (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 Compliance Curb Ramps 2009-2010 Project, 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 and excess of any other insurance available to the City. II - Time of Completion (a) The work to be performed under this Contract shall be commenced within SEVEN (7) CALENDAR DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed within 90 CALENDAR DAYS after the date of such notice to proceed 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 $800 for each and every calendar day's delay in finishing the work in excess of the number of calendar 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. ITEM QTY UNIT UNIT PRICE ITEM TOTAL 1 Traffic Control 1 LS $22,000.00 $22,000.00 2 Pedestrian Control and Accessibility 1 LS $16,000.00 $16,000.00 3 Portland Cement Concrete Curb Ramp, Case A 1 EA $3,200.00 $3,200.00 4 Portland Cement Concrete Curb Ramp, Case B 2 EA $3,200.00 $6,400.00 5 Portland Cement Concrete Curb Ramp, Modified 1 EA $33200.00 $3,200.00 Case B Page 1 ITEM UNIT ITEM NO. ITEM QTY UNIT PRICE TOTAL 6 Portland Cement Concrete Curb Ramp, Case B and 2 EA $3,200.00 $6,400.00 F Combined 7 Portland Cement Concrete Curb Ramp, Case B and 1 EA $3,200.00 $3,200.00 G Combined 8 Portland Cement Concrete Curb Ramp, Case C 82 EA $3,280.00 $268,960.00 9 Portland Cement Concrete Curb Ramp, Modified 9 EA $3,400.00 $30,600.00 Case C 10 Portland Cement Concrete Curb Ramp, Case C 1 EA $2,600.00 $2,600.00 with Single Wing 11 Portland Cement Concrete Curb Ramp, Case F 8 EA $1,800.00 $14,400.00 12 Portland Cement Concrete Curb Ramp, Modified 5 EA $2,800.00 $14,000.00 Case F 13 Portland Cement Concrete Curb Ramp, Custom 1 LS $8,000.00 $8,000.00 Double Ramp with Driveway 14 Remove and Replace PCC Curb and Gutter 607 LF $40.00 $24,260.00 15 Remove and Replace PCC Sidewalk 1422 SF $9.00 $12,798.00 16 Remove AC Roadway and Replace with PCC 1 LS $4,000.00 $4,000.00 Ramp Sidewalk 17 Remove and Replace PCC Valley Gutter 2 EA $1,100.00 $2,200.00 18 Remove & Reset Sign 6 EA $240.00 $1,440.00 19 Remove Under Curb Drain and Install Sidewalk 6 EA $120.00 $720.00 Underdrain 20 Adjust Existing Structures to Grade 17 EA $125.00 $2,125.00 21 Remove AC Roadway and Place 8" Hot Mix 240 SF $12.00 $2,880.00 Asphalt Near Ramp 900 22 Remove Striping or Pavement Marking and Install 2 EA $2,310.00 $4,620.00 on a Different Location Grand Total $454,003.00 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) On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% 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 Page 2 Government Code. Such securities, if deposited by the Contracor, 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) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50°x'0 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. ATTEST: G • &"E" Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 16.01.256 CITY OF SAN RAFAEL: City Merger CONTRACTOR: For: FBD Vanguard Construction, Inc. Page 3 CITY OF SAN RAFAEL MAYOR Albert J. Boro Ch Department of COUNCIL MEMBERS Greg Brockbank Public Works Damon Connolly Barbara Heller Marc Leuine INSURANCE REQUIREMENTS SHEET SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City, carry workers' compensation insurance, public liability insurance and property damage insurance. The public liability insurance and property damage insurance shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Public Liability: Not less than $1,000,000 per person and $5,000,000 for one occurrence. Property Damage: Not less than $1,000,000 for one occurrence. The required insurance may be provided by a separate policy insuring the City and County, its elective and appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already has insurance, he may provide the City with the required insurance by submitting a certificate of insurance and a standard form of additional insured endorsement. For this latter purpose, the City will accept the following: "IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, ADA -DOJ Compliance Curb Ramps 2009-2010 Project, Project No. 15006 between the City of San Rafael and FBD Vanguard Construction, Inc. for the work and the improvements described therein." The contractor shall provide satisfactory evidence to the City that the required liability insurance is primary and excess of any other insurance available to the City. Evidence of satisfactory insurance must be furnished to the City at the time of the execution of the Public Works contract together with evidence that the insurance carrier will not cancel or reduce the coverage of the policy without first giving the City at least thirty (30) days prior notice. Such notice shall be sent to: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS 111 Morphew Street SAN RAFAEL, CA 94901 ®CERTIFICATE OF LIABILITY INSURANCE DATE (MMI°DIYYYY) ACORO �� 6/9/201 PRODUCER Nourse Insurance Brokers/Arthur J. Gallagher & Co. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 590 Lennon Lane, Suite 160 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Walnut Creek, CA 9 Suite HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0726293 925-935-0545 www.nourseinsurance.com 925-935-0486 INSURERS AFFORDING COVERAGE NAIC # INSURED FBD Vanguard Construction, Inc. INSURER. A: Natlon.al„Fire Ins,. Co of _Hartford„ __ !2047..8...,,,..... dba: Vanguard Construction INSURER a vg Forge Insurance Co. rn aany !20508 651 Enterprise Ct. INSURER C Fireman's Fund Insurance Company J21873 Livermore, CA 94550-5200 INSURER D: Zur'Ich American Insurance Co. 16535 INSURER E. COVERAGES SHOULDANYOF THEABOVE DESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION City of San Rafael 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. 111 Morphew Street San Rafael CA 94915-1560 AUTHORIZED REPRESENTATIVE INSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR -DATE MM EWADATE M DD LIMITS A GENERAL LIABILITY 4014291109 3/25/2010 3/25/2011 EACH OCCURRENCE d S 1,000,0005AWAIJE COMMERCIAL GENERAL LIABILITY !”' PREMISE.iA Ea oNcu enc:e S 100,000 F CLAIMS MADE OCCUR MED EXP (Any one person) S 5,000 XCU Included PERSONAL S ADVO INJURY ( S 1,000,000 Contractural Llab GENERAL AGGREGATE ) S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCT S - COMP/OP AGG i S 2,000,000 _... ....-. POLICY `/ PRO-, LOC _... ._.... _.... B AUTOMOBILE LIABILITY 1 4013610249 3/25/2010 3/25/2011 COMBINED SINGLE LIMIT � .. ANY AUTO (Ea accident„ S 1,000,000. ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS QPer person) HIRED AUTOS BODILY INJURY S 1/ NON -OWNED AUTOS (Per accident) Y A/ fprm QA,9o01 05,W __ PROPERTY DAMAGE (Per accident) 5 I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I S I ANY AUTOi'.1THER THAN EA ACC S AUTO ONLY ASS, S C EXCESS I UMBRELLA LIABILITY SSE00072644495 3/25/2010 3/25/2011 EACH OCCURRENCE S 10,000,000 OCCUR CLAIMS MADE AGGRLGATL $ 10,000,000 S DEDUCTIBLE ........ ...... ........ S .. RETENTION so `a D WORKERS COMPENSATION WC489238200 2/11/2010 2/1/2011 f C ATU- �� AND EMPLOYERS' LIABILITY Y / N �- - --- ANY PROPRIETORIPARTNERIEXECUTIIVE E.L. EACH ACCIDENT I DA L] (Manddatory In HR EXCLUDED F L DISEASE EMPLOYEE, S 1-009.90a: If SPdescribe ECIAL PROVISIONS below E.L. DISEASE. - POLICY LIMIT , S ,. 1,000,000 ''.. OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS It is hereby understood and agreed that the City of San Rafael and County of Marin, its officers, agents and employees are included as additional insureds hereunder per form G-140331 -B attached but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, ADA -DOJ Compliance Curb Ramps 2009-2010 Project, Project No. 15006 between the City of San Rafael and FBD Vanguard Construction, Inc. for the work and the improvements described herein. VG890 The above Additional Insured is only valid if required by Written Contract. rCOTICIr ATC unl n=o rAIdrCI I ATIAId ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. CERT NO.: 7555136 CLIENT CODE: 1957-02-03 15:55:29.903 ,Jamie 'Yaudes 6/9/2010 11:59:46 ASA Paepe. 1 of 4 SHOULDANYOF THEABOVE DESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION City of San Rafael DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3P* DAYS WRITTEN and County of Marin, its officers agents and NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL employees IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Department of Public Works REPRESENTATIVES. ' 10 Days for Non -Payment of Premium. 111 Morphew Street San Rafael CA 94915-1560 AUTHORIZED REPRESENTATIVE Jamie Yaudes ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. CERT NO.: 7555136 CLIENT CODE: 1957-02-03 15:55:29.903 ,Jamie 'Yaudes 6/9/2010 11:59:46 ASA Paepe. 1 of 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) CERT NO.: 7555136 CLIENT CODE: 1997-02-03 .15r5.5r28.003 Jamie Yauedes 6(9(2010 11:59:46 AM Maga_ 2 of 4 4014291109 FBD Vanguard Construction, Inc. 71 L 6/9/2010 G -140331-B (Ed. 1/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Person(s) Or Organizations (As required by written contract/agreement per Paragraph A. below.) City of San Rafael and County of Marin, its officers agents and emolovees 111 Morohew Street Location(s) of Covered Operations (As per the written contract/agreement, provided the location is within the "coverage territory" of this Coverage Part.) (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. Section II - Who Is An Insured is amended to c. "Your work" that is included in the include as an additional insured any person(s) or "products -completed operations hazard" organization (s), including any person or and performed for the additional insured, organization shown in the Schedule above, whom but only if this Coverage Part provides such you are required to add as an additional insured on coverage, and only if the written contract or this Coverage Part under a written contract or written agreement requires you to provide written agreement, provided: the additional insured such coverage. a. The written contract or written agreement was 2. However, we will not provide the additional executed prior to: insured any broader coverage or any higher 1. The "bodily injury" or "property damage'; or limit of insurance than the least of those: 2. The offense that caused the "personal and a. Required by the written contract or written advertising injury" agreement; for which the additional insured seeks coverage b. Described in 13.1. above; or under this Coverage Part; and c. Afforded to you under this policy. b. The written contract or written agreement pertains to your ongoing operations or "your 3. This insurance is excess of all other insurance work" for the additional insured(s). available to the additional insured, whether B. The insurance provided to the additional insured is primary, excess, contingent or on any other limited as follows: basis, unless the written contract or agreement requires this insurance to be primary. In that 1. The person or organization is an additional event, this insurance will be primary relative to Insured only w'th respect to liability for "bodily insurance which covers the additional insured injury", "property damage", or "personal and as a named insured. will not require advertising injury" caused in whole or in part by: contribution from such insurance if the written in a. Your acts or omissions; or contract or written agreement also requires that b. The acts or omissions of those acting on this insurance be non-contributory. But with your behalf respect to all other insurance under which the In the performance of your ongoing operations additional insured qualifies as an insured or additional insured, this insurance will be excess. for the additional insured(s) or G -140331-B Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 (Ed. 01/09) CERT NO.: 7555136 CLIENT CODE: 1997-012-03 15:95:26.963 ;Pam1. Y ­ d.. 6/9/2616 .11:59:46 All Page 3 of 4 4. The insurance provided to the additional insured terminates when your operations for the additional insured are complete. But if the written contract or written agreement spe0ies a date until which this insurance must apply, then this insurance terminates: a. On the date specified in the written contract or written agreement; or b. When this policy expires or is cancelled, whichever occurs first. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: G -140331-B (Ed. 1 /09) (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part; (3) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; and (4) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit". We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by this endorsement, or when Paragraph b. below applies. E. The provisions of the written contract or written agreement do not in any way broaden or amend this Coverage Part. G -140331-B Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 01/09) CERT NO.: 7555136 CLIENT CODE: 1997-02-03 15:55:28.801 Jamie Yaudea 6/9/2010 11:59:46 A14 Page 4 of 4 CITY OF SAN RAFAEL OPENING OF SEALED BIDS RE: ADA/DOJ COMPLIANCE CURB RAMP 2009-2010 PROJECT NO. 15006 Date of Bid Opening: Wednesday, June 2, 2010 @ 2:30 p.m. ENGINEER'S ESTIMATE: $577,000.00 PW - ADA/DOJ Compliance Curb Ramp 2009-2010 ............ ._.._.... _____.._.... NAME OF BIDDER AMOUNT —Baacifi_—.. .. ..... Bay Pc Pipelines, Inc. _..... _. ....._._.. ..........a.. $489,496.50 P.O. Box 1162 Novato, CA 94948 ......... m..__.._ ... _..... .... ..... _..._......_..._............. _.... _ .... p....................... _ _ ...._.—......... _. FBD Vanguard Construction $454,003.00 651 Enterprise Court Livermore, CA 94550 ........ ._ _ ....... ..... _ _.... _.._............ Ghilotti Bros., Inc. $527,339.00 525 Jacoby Street San Rafael, CA 94901 Ghilotti Construction Company $630,530.50 246 Ghilotti Avenue Santa Rosa, CA 95407 ...... _._ ................... ...... .m.... .......a_.__...._. Rosas Brothers Construction $479,484.00 P.O. Box 7862 Oakland, CA 94601 ENGINEER'S ESTIMATE: $577,000.00 PW - ADA/DOJ Compliance Curb Ramp 2009-2010 INSTRUCTIONS: :fu DEPARTMENT CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL/ AGENCY. PARVIZ MOKHTARI, P.E. PUBLIC WORKS DATE: 06/03/2010 TITLE OF DOCUMENT: SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: 06/07/2010 RECEIVED CI.,. ATTORNEY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE ADA/DOJ COMPLIANCE CURB RAMP 2009-2010 PROJECT, CITY PROJECT #15006, TO FBD VANGUARD CONSTRUCTION INC. IN THE AMOUNT OF $454,003.00. (BID OPENING HELD ON WEDNESDAY, JUNE 2, 2010) Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: Aj>A ITEM: City Hager (signature) City Attorney (signature NOT APPROVED REMARKS: File No.: 16.01.256 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 aereements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft a eement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize eontm- Aer--Signe&agreement for Council approval, if Council approval necessary (as defined by City Attorney/City I� I Ordinance*). 4 City Attorney Review and approve form of agreement; 67k 7 jy �` bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the 10 t � [III contracting department. To be completed by Contracting Department: &rnp c Project Manager: ( l Project Name: /1I Agendized for City Council Meeting of Uf necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. Marin Independent journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415) 382.7335 legals@marinij.com SAN RAFAEL,CITY OF PO BOX 151560/CITY CLERK, DEPT OF PUBLIC WORKS,1400 FIFTH AVE SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin FILE NO. PO 00449-0003488690 I am a citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 5/7/2010 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 10th day of May, 2010. Signature UU PROOF OF PUBLICATION Legal No. 0003488690 CRY OF SAN RAFAEL - DEPARIMENT OF PUBLIC WORKS NOTICE INVITING Notice IsPReP05A S FORD PUBLIC CCIWtyOORf San Rafael Department of Public Works will receive bids for fumishing all labor, materials, equipment and services for ADA -DOJ COMPLIANCE CURB RAMPS 2009-2010 PROJECT NO.15000 Pro1-ect consists of all the associated work descri- bed In attached specifications and plans and the provisIons of this document for excavation, re - of sidewalk and roadwayand construction of driveway, valley gutters andoverone hundred handicap ramps and related work, all located in San Rafael, California Each bid shall be in accordance with the plans, specifications and other contract documents now on file with the City Clerk, City Hall San Rafael, California: and may be examined anr) copies may be obtained at the Department of Public Works, 111 Morphew StreeP. O. Box 151560, San Rafael, CA 94901. Costs all be One Hundred Dollars ($100.00) set, non-refundable. Cost of mailing sets shall beer an additional Ten Dollars (510.00) per set. Bidders are hereby notified that pursuant to Sec- tion 1770 of the Labor Code of the State of Califor- nia, the City of San Rafael has ascertained the gen- eral prevailing rate of per diem wages and rates for legal holitlay and overtime work in the local)ty where the work is to be performed for each craft or type of workmen or mechanics needed to exe- cute the contract which will be awarded the suc- cessful Bidder. The prevailing rates so determined by the Director of Industrial Relations State of Cal- ifornia, pursuant to the California Labor Code are which are available to anyeInterrested partypon ref Each bid shall be made out on the form to be ob- tained at the Department of Public Works, 111 Mo hew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent (304b) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, Room 2D9, City Hall, San Rafael, California 94901 on or before 2:30 PM„ June 2,20 10. The City reserves the right to refect any or all bids or to waive any Informality In a bid. Dated: May 7, 2010 NO, 897 MAY 7, 2010 /s/Esther C. Belme ESTHER C. BEIRNE City Clerk