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HomeMy WebLinkAboutPW Third Floor HVAC Upgrade Project 2015c,ry aF n. I�Vo�,t Agenda Item No: 4. e Meeting Date: February 2, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works '�/% Manager Approval! i� Director of Public Works Prepared by: File No.: 06.01.224 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE THIRD FLOOR HVAC UPGRADE PROJECT, CITY PROJECT NO. 11252, TO MATRIX HG, INC. IN THE AMOUNT OF $222,118.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the construction contract to Matrix HG, Inc. in the amount of $222,118.00. BACKGROUND: San Rafael's City Hall was constructed in the 1960's. Although the third floor of the building has been renovated extensively to better serve San Rafael's citizens, the heating, ventilating, and air-conditioning (I1VAC) system has undergone only minor modifications over the last 40 years. In 2013, the City of San Rafael upgraded the existing HVAC system by installing a new chiller unit on the roof and new air handler units on the first and second floors. These new units distribute hot and cold air to the building. In addition, new digitally controlled variable air volume (VAV) boxes and ducting was installed on the first floor that replaced the original pneumatically controlled mixing boxes. In 2014, new VAV boxes which mix both hot and cold air for different areas within the building were replaced on the second floor of City Hall. The new VAV boxes allowed each zone to communicate with the rest of the system and mix hot and cold air in the most efficient manner. The existing VAV boxes on the third floor are obsolete and need replacing in order to provide efficient air circulation to this section of the building. This construction contract includes replacing all the old pneumatic mixing boxes with digitally controlled VAV boxes and replacing a portion of the existing ceiling with an acoustical ceiling tile similar to the second floor work. The new VAV boxes will allow the third floor system to communicate with the other HVAC systems at City Hall, operate more efficiently and allow Public Works maintenance staff to remotely monitor and adjust the whole system outside of City Hall. FOR CITY CLERK ONLY File No.: 4 —1 - w Council Meeting: -/.-)-I; of 1 Disposition: 199W SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The Third Floor HVAC Upgrade project has been determined to have no significant effect on the environment and is categorically exempt from environmental documents. The Notice of Exemption was filed at the Marin County Clerk's Office on January 22, 2015. The project was advertised in accordance with San Rafael's Municipal Code on January 9, 2015, and sealed bids were publicly opened and read aloud on January 27, 2015 at 10:00 AM. The engineer's estimate was $225,000.00. Contractors submitted the following bids: NAME OF BIDDER Matrix HG, Inc. AMOUNT $222,118.00 The Community Development public counter is located on the third floor of the City Hall. The majority of this work is anticipated to occur at night in order to minimize the impact to City staff and the general public. This work, including the abatement -of older building materials, will be performed at night and after hours. ANALYSIS: The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid from Matrix HG, Inc. in the amount of $222,118.00 falls within the allocated project budget. FISCAL EVIPACT: To date, $1,485.02 has been charged to this project for document reproduction and hazardous material testing. The remaining project expenditures include construction by Matrix HG, Inc. and a recommended contingency of approximately 10%, bringing the total project budget to $250,000.00. The following tables summarize the funding sources and expenses associated with this project: FUNDING SOURCES Prr9ject Funding Sources _ .mm. _m Amount _ Notes Fund 603 $225,000.004 Building fund (2014/15 Capital Fund 603 G $25,000.00 V Additional Allocation Total Available Funds $250.000.00 EXPENSES: Category -Eden Expense Code Amount Notes Already Charged Expenses Subtotal -07 $1,485.02 Document Reproduction & Hazardous Material Testing Remainin Ex ep nses Construction -02 $222,118.00 Base Bid Contract Amount .._..............._...__....®...._.............._........................... ........m'_..........�.._..... _.—..... _.. _.._...__m._ ..._....._..._.........__........._._...._....... Construction -02 $26,396.98 Contingency (A rox. 10%) .._........_.. __..._..._.._......_.... ...... Total Pro'ect Cost $250,000.00 OPTIONS: 1. Adopt the resolution awarding the contract to Matrix HG, Inc., the lowest responsive and responsible bid, in the amount of $222,118.00. If this option is chosen, construction will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction until winter 2015. 3. Do not award the contract and direct staff to stop work on the project. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 ACTION REQUIRED: Adopt the resolution awarding the construction contract to Matrix HG, Inc. in the amount of $222,118.00 and authorize the public works director to take all necessary action to complete the project. Enclosures: Resolution Agreement RESOLUTION NO. 13871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE THIRD FLOOR HVAC UPGRADE PROJECT, CITY PROJECT NO. 112529 TO MATRIX HG, INC IN THE AMOUNT OF $2229118.00. WHEREAS, on the 27`h day of January, 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: "Third Floor HVAC Upgrade" City Project No. 11252 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Matrix HG, 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, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of Matrix HG, Inc. is hereby accepted at said unit price and that the contract for said work and improvements is hereby awarded to Matrix HG, Inc. at the unit prices mentioned in said bid. 2. The Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with Matrix HG, Inc. in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. 3. An additional $25,000 will be appropriated from Fund 603 for City Project No. 11252, bringing the project total to $250,000. 4. The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 2nd day of February, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None , A. E 5ra e •&'ems ESTHER C. BEIRNE, City Clerk File No.: 06.01.224 City of San Rafael ♦ California Form of Contract Agreement for Third Floor HVAC Ua2rade City Proiect No. 11252 This Agreement is made and entered into this 2nd day of September 2014 by and between the City of San Rafael (hereinafter called City) and Matrix HG, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the plans and specifications for the project entitled:Third Floor HVAC Upgrade, City Project No. 11252, 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. H- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within FIFTEEN (15) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. See Section 17-1 of the Special Provisions for more information on working days. 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 UNIT UNIT PRICE TOTAL QUANTITY PRICE 1. Third Floor HVAC Upgrade l LS rd? 222,118.00 — 222,118.00 GRAND TOTAL BID $ 222.118.00 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 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. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: 9A -r - e - •.ems , ......................................................................................................................................... Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein ... ...... n T r City Attorney 11 File No.: 06.01.224 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director Matrix HG Inc. Bv: Printed'1.7am;/.,vice an"Greeson Title: President Bond# 929575416 PERFORMANCE BOND Premium $ 3,199.00 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR e (Name and Address): SURETY ( _ . _ _. .... .... -�� .... Name Bus and Principal Place of Business): Matrix H.G., Inc. Western Surety 115 Mason Circle, Suite B City of Sioux Falls SD Concord, CA. 94520 Address for notices: 555 Mission St., Suite 200 San Francisco CA 94510 800-262-9749 OWNER (Name and Address): City of San Rafael 111 Morphew Street PO Box 151560 San Rafael CA. 94915 CONSTRUCTION CONTRACT Date: February 2, 2015 Amount: $222,118.00 Description (Name and Location): Third Floor HVAC upgrade Project No.11252 BOND Date (Not earlier than Construction Contract Date): Amount: $222,118.00 Modifications to this Bond: February 2, 2015 CONTRACTOR AS PRINCIPAL Company: I (Corporate Sea]) Matrix H.G., Inc. Signature: Name and Title: OTZ A:twzr Q p2�s�A��i (FOR INFORMATION ONLY - Name, Address and Telephone) rX7None Elsee other side SURETY Company: (CoGSeal) Western Surety a y t14 Signature: Name and Title: Robert C. Hadzor attorney in fact AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Robert Hadzor Insurance Services 3755 Alhambra Ave., Suite 7 Martinez CA 94553 925-372-9000 Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - December 1984 edition. I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract; arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract; and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages of the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction contract after all proper adjustments have been made, including allowance to the Contractor or any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Robert C Hadzor, Individually of Martinez, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 11th day of July, 2014. �iaEr'r�,, WESTERN SURETY COMPANY POZ74z rN OAK aul T. Brullat, Vice President State of South Dakota 1 Jt ss County of Minnehaha On this 11th day of July, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +.....�....�..r,.�.......Y..w .ti+ J. MOHR FFF June 23, 2015 ; ens NOTARY PUBLIC eEAL f SOUTH DAKOTA J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of r,ArREr} 3W.VO %y D� 2 '��\SfAVrp� ��i oriw° �NIIYI Form F4280-7-2012 WESTERN SURETY COMPANY 6( Zdaz2iel— L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of aao ......lpIu On 2.4-1 "./ before me, personally appeared C/ ere i riseLIA ame and till of the �officer) who proved to me on the basis of satisfactory evidence to be the person4) whose nama(-,,t) is/tm subscribed to the within instrument and acknowledged to me that he/shtAi-rey executed the same in his/herAheir authorized capacitytfet), and that by his/4e4t4eir signature( on the instrument the person{*, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ Signature of Notary BRITTANY MYERS z COMM. # 2053326 m N NOTARY PUBLIC -CALIFORNIA z ° i• CONTRA COSTA COUNTY fN. My Comm. Exp. December 26, 2017' (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOC C) NT F-Iff0 . (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date 2 . 2 ' 115 (Additional information) CAPVITY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a ... document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authori_ed capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i e. he/she/t#tey- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ACORO® �� CERTIFICATE OF LIABILITY INSURANCE ATE 01/22 D1/22UDD/2015015 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 License #0751768 Robert Hadzor Insurance Services 3755 Alhambra Ave. Suite 7 Martinez, CA 94553- CNNTACT BOB HAD20R NAME: PHONE (925) 372-9000 FAX (925) 372-9003 A/C. No : AMAIL .bob@ hadzorinsurance.com INSURERS AFFORDING COVERAGE NAIC 0 INSURERA:Ironshore Specialty Ins. Co. 25445 INSURED Matrix H.G. , INC. , Xlrtam, Inc. 115 Mason Circle LLC. 115 Mason Circle, Suite B Concord CA 94520- INSURERe:Financial Indemnity Co. 19852 INSURER C. -Navigators Specialty Ins. Co. 36056 INSURER D .California Insurance Company 8865 INSURERE:Allied World Assurance Co. 9489 INSURER F: Columbia Casualty Company 7281 COVERAGES CERTIFICATE NIIMRFRc01 RFVICInN NI IMP= -01 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 A D POLICY NUMBER MM/DDS POLICY LIMITS A GENERAL LIABILITY y y RSGO084300 2/31/2014 2/31/2015 EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR / / / / / / / / DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 X INCLUDES SUBCONTRACTOR / / / / PERSONAL & ADV INJURY S , 000, 000 X1 BLANKET CONTRACTUAL LIB GENERAL AGGREGATE $ 2,000,000 A / / / / GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 / / / / A POLICY X PRO LOC Y Y G0084300 2/31/2014 2/31/2015 Polluton Ext coverage $ 1,000,000 B AUTOMOBILE LIABILITY CFICR-3694531-01 9/18/2014 9/18/2015 EO COMBINED SINGLE LIMIT 11000,000 ANY AUTO / / / / BODILY INJURY (Per person) $ X ALL OWNED X SCHEDULED AUTOS AUTOS / / / / BODILY INJURY (Per accident) S X HIRED AUTOS X NON -OWNED AUTOS / / / / PROPERTY DAMAGE $ Per accident) S C X UMBRELLA UABX OCCUR Y Y 2/31/2014 2/31/2015 EACH OCCURRENCE S 10,000,000 EXCESS UAB CLAIMS -MADE [1314EXCB325491C / / / / AGGREGATE S 10, 000, 000 X DED I I RETEN1 0/ S / / / D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? a (Mandatory In NH) If yea descnbe under DESCRIPTION OF OPERATIONS be ow NIA Y 3-894255-01-01 9/05/2019 / / / Jr / / 9/05/2015 / / / / / / X WCSTATU- OTH- TORY LIMITS ER EL EACH ACCIDENT S 1.000,000 E L DISEASE - EA EMPLOYE 5 1,000,000 E L DISEASE - POLICY LIMIT S 1,000,000 E EMPLOYEE THEFT (A) Y 309-3526 2/31/2014 2/31/2015 2,500,000 F PROFESSIONAL LIABILITY Y E028-834-41-53-03 2/31/2014 2/31/2015 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more space Is roqulrod) 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 entiled, City Hall Interior Improvements, City Project No. 11152, between the City of San Rafael and Matrix HG, Inc. for the work and improvements described therein is listed as additional insured per the attached endorsement. Re: City Hall Interior Improvements 3rd floorHVAC upgrade City project #11152 —VAIYIiCLLH I IVIV 5_7 - (415) 485-3334 City of San Rafael Department of Public Works 111 Morphew Street San Rafael CA 94901 - ACORD 25 (2010/05) 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 ©1988-2010 ACORD WRPORATION. All riahts reserved. INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AGS0084300 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O anizadon s : Location And Description Of Completed O eradons Additional Insureds shown in a written contract, or The insurance afforded by this policy for the benefit of written agreement that Includes primary and the additional insured does not apply to non-contributory wording where required. 'property damage' to any building, structure or appurtenant structure intended to be occupied as The inclusion of one or more Insured under the terms of a 'private residence. The term "private residence" includes single family homes or residences, this endorsement does not increase our limits of liability. multi -family homes or residences. Apartments and "private mixed-use buildings are not considered residences°. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 p POLICY NUMBER: AGS0084300 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations Additional Insureds shown in a written contract, or written Any location. agreement that includes primary and non-contributory wording. The inclusion of one or more Insured under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION 11— WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with- respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. fhe acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 131 POLICY NUMBER: AGS0084300 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Where as Required by Written Contract pr no envy appears soove, imorma as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "ocqurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of. a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated constructlon project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit CG 26 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 0 C. A When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage' included in the "products -completed operations hazard' will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and. then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 p POLICY NUMBER: ASGO084300 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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: Whereas Required by Written Contract Information required to complete the Schedule, If not shown above, will be shown In the Declarations. The following Is added to Paragraph 8. Transfer Of nights Of Recovery Against Others To Us of Section 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 0 Insurance Services Office, Ina, 2008 Page 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 01 os as WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this po We will not enforce our with rasped injury right against the person or organization named in the Schedule, but this waiver app only arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization: BlanketWaiver contract to furnish this waiver. Any person or organization for whom the Named Insured has agreed by . 2. Operations: 3. Premium 2500 The premium charge for this endorsement shall be of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium 5. Advance Premium This endorsement changes ft Policy to which It Is attached and Is effective on the date issued unless otherwise stated. Endorsement Eftect ve 09/05/14 Policy No. 73-894255-01-03 Endorsement No. 8 Promtum S 2, 500.00 Insured Matrix 8G, Inc. Califoraia Ias=aaae CouPau3 Countersigned by Insurance Company ' PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department ........ ... ...... Date �. 1 City Attorney Review, revise and comment on draft a Bement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements L ®` 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: a.�.�r Project Name: Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. Marin Independent Journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415)382-7335 legals@madnij.com SAN RAFAEL,CITY OF CITY OF SAN RAFAEL,CITY CLERK, ROOM 209,1400 FIFTH AVENUE, SAN R SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin FILE NO. 0005387072 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 1/9/2015 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 12th day of January, 2015, �s t//{ Signature PROOF OF PUBLICATION Legal No. 0005387072 CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Notice is ere y given t at a City of San Ra- fael Department of Public Works will receive bids for furnishing all labor, materials, equip- ment and services for 3RD FLOOR NVAC UPGRADE City Project Na 11152 Project Description: This project consists of all the associated work descr"abed in the attached specifications and plans and the provisions of this document for removal and replacement of 33 Variable Air Volume (VAV) boxes, all located at City Hall, 1400 Fifth Avenue, San Rafael. California. Each bid shall be in accordance with the plans and specifications and other contract docu- ments, now on file with the City Clerk, City Hall, San Rafael, California: and may be examined and copies may be obtained at the Department of Public Works, 111 Morphew Street, P. 0. Box 151560, San Rafael. CA 94901. Cost shall be Fifty Dollars ($50.00) per set, non-refundable. Cost of mailing sets shall be an additional Ten Dollars ($10.00) per set. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascer- tained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be per- formed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party an request A mandatory pre-bid walk through meeting is scheduled for Tuesday. January 20, 2015 at UY00 AM commencing at the City Hall Lobby lo- cated at 1400 5th Avenue, San Rafael, CA 94901. Onlyy those who have attended the pre-bid walkthrough will be allowed to submit a bid for this project. Each bid shall be made out on the form to be obtained at the Department of Public Works. 111 Morphew Street, San Rafael, California 94901 and shall be accompanied by cash, certi- fied check or bidder's bond for ten percent (10910 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 FHth Avenue, City Hall, Room 209, San Rafael, Cali- fornia 94901 on or before January 27, 2015 at 10:00 am. The City reserves the right to reject any or all bids or to waive any informality in a bid. /s/Esther C. Bei me ESTHER C. BEIRNE City Clerk Dated: January 9, 2015 NO. I JANUARY 9. 2015 CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: 2/2/15 FROM: Nader Mansourian DEPARTMENT: Public Works DATE: 1/25/15 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE THIRD FLOOR HVAC UPGRADE PROJECT, CITY PROJECT NO. 11252, TO MATRIX HG, INC. IN THE AMOUNT OF $222,118.00. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (signature) City Attorney (signature) NOT APPROVED REMARKS: File No.: 06.01.224