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HomeMy WebLinkAbout2019-04-10 e-packet@6:00Wednesday, April 10, 2019 6:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA Special City Council Special Meeting Agenda April 10, 2019Special City Council Special Meeting Agenda NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, April 10, 2019, at 6:00 p.m., in the City Council Chambers, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Call to Order. Roll Call. Agenda Review. Public Comments - comments are limited to items on the Special Meeting Agenda. ADMINISTRATIVE BUSINESS Report regarding a resolution to award a construction contract to Flatiron West, Inc. of Benicia, California for the WQCP Effluent Storage Pond Liner Replacement (Project No. ss1704) in an amount not to exceed $716,000, authorize a total construction budget of $859,200, and approve Budget Amendment Number 19.048. (Brian Schumacker, Superintendent and Peter Vorametsanti, Swinerton) 1. Resolution awarding a construction contract to Flatiron West, Inc. of Benicia, California for the WQCP Effluent Storage Pond Liner Replacement (Project No. ss1704) in an amount not to exceed $716,000, authorizing a total construction budget of $859,200, and approving Budget Amendment Number 19.048 1a. Report regarding a resolution awarding a construction contract to Seton Pacific Construction of San Francisco, California for the Antoinette Lane Underground Utility District Project, Phase 1 in an amount not to exceed $2,019,667, authorizing a total construction budget of $2,221,634 and approving Budget Amendment Number 19.049. (Jason Hallare, Associate Engineer and Kathleen Phalen, Swinerton) 2. Resolution awarding a construction contract to Seton Pacific Construction of San Francisco, California for the Antoinette Lane Underground Utility District Project (Project No. st1702), Phase 1 in an amount not to exceed $2,019,667, authorizing a total construction budget of $2,221,634, and approving Budget Amendment Number 19.049 2a. Report regarding a motion to accept the construction improvements of the Avalon-Brentwood Park Neighborhood Traffic Calming Project as complete in accordance with plans and specifications (Total Construction Cost $214,122). (Matthew Ruble, Acting Principal Engineer and Peter Vorametsanti, Swinerton) 3. Page 2 City of South San Francisco Printed on 6/6/2019 April 10, 2019Special City Council Special Meeting Agenda Adjournment. Page 3 City of South San Francisco Printed on 6/6/2019 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-139 Agenda Date:4/10/2019 Version:2 Item #:1. Report regarding a resolution to award a construction contract to Flatiron West,Inc.of Benicia,California for the WQCP Effluent Storage Pond Liner Replacement (Project No.ss1704)in an amount not to exceed $716,000,authorize a total construction budget of $859,200,and approve Budget Amendment Number 19.048. (Brian Schumacker, Superintendent and Peter Vorametsanti, Swinerton) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to Flatiron West,Inc.of Benicia,California for the WQCP Effluent Storage Basin Liner Replacement (Project No. ss1704)in an amount not to exceed $716,000 and authorize a total construction budget of $859,200.In addition,staff recommends that the City Council approve Budget Amendment Number 19.048, amending the Fiscal Year 2018-19 Capital Improvement Program budget by appropriating $460,000 in Sewer Enterprise funds into the project budget to cover the planned expenditure. BACKGROUND/DISCUSSION The City of South San Francisco operates the South San Francisco-San Bruno Water Quality Control Plant (WQCP),located at 195 Belle Air Road.This critical facility provides secondary wastewater treatment for the Cities of South San Francisco and San Bruno,Town of Colma,and portions of City of Daly City. The total population served by the WQCP is roughly 110,000.Further,the North Bayside System Unit (NBSU)is a joint powers authority composed of the cities of South San Francisco,San Bruno, Burlingame,and Millbrae,and the San Francisco Airport.Treated wastewater from the NBSU agencies undergoes dechlorination and then disposal to the deep-water channel in San Francisco Bay (attached Vicinity Map). Treated effluent discharge rates to the bay are limited to 64 million gallons per day (MGD)because of pipeline capacity.Due to higher influent flows caused by wet weather,Plant operators temporarily store a portion of the treated effluent in the effluent storage basin.Contractors finished construction of this storage basin in 2004.The effluent storage basin has a capacity of 7 million gallons and a surface area of approximately 145,000 square feet.During construction in 2004,contractors lined the effluent storage basin with a flexible, impermeable geomembrane to control seepage into underlying soils per design specifications.The Water Board now requires that that City replace this aging liner because the original liner installed in 2004 has many areas that have begun to show deterioration. The City commissioned a replacement design that consists of providing and installing a replacement reinforced polyester geomembrane liner,and making minor spot repairs to the basin’s earthen berm.The construction contract allows 80 working days to complete this work to accommodate completion of the work before the onset of the next wet season when the basin must be returned to service. Staff advertised a notice inviting bids for the project on February 28,2019 and March 7,2018.To generate interest in this bidding opportunity,staff reached out to 46 potential bidders and fabricators including Anderson Pacific,BTL Liner,Environmental Construction,Flatiron,Fab-Seal,Graniterock,Layfield Group,Seaman Corp.,and Western Environmental Liner.Swinerton hosted a non-mandatory pre bid conference at the job site on March 12,2019.Three interested potential bidders attended.On April 26,2019,the City received one City of South San Francisco Printed on 4/4/2019Page 1 of 2 powered by Legistar™ File #:19-139 Agenda Date:4/10/2019 Version:2 Item #:1. on March 12,2019.Three interested potential bidders attended.On April 26,2019,the City received one responsive and responsible bid from Flatiron West,Inc.of Benicia,California.The low level of response appears to be due to the specialized nature of this work,the relatively small size of the job as compared to the landfill cell lining these firms specialize in,and the difficulty of coordinating construction on an active treatment plant. Flatiron West,Inc.is currently on site working on the Wet Weather Digester Expansion Project.Staff expects that Flatiron West will professionally deliver this construction project.Public Works contracts are ordinarily awarded to the lowest responsible bidder whose bid is responsive to the solicitation (Public Contract Code §20166).Staff has verified the bidder’s qualifications and contractor’s license with the Contractor’s Licensing Board and finds it to be in good standing.The liner replacement project is funded from the Sewer Enterprise Fund; therefore, there are no Disadvantaged Business Enterprise (DBE) requirements. The following is a summary of all bids received: Base Bid Amount Flatiron West, Inc. of Benicia, California $716,000 The engineer’s estimate is $700,000. The contract budget is: Flatiron West, Inc. of Benicia Construction Contract $716,000 Construction Contingency (20%)$143,200 Total Project Budget $859,200 Staff will use the construction contingency for any additional costs related to needed design changes during the construction operations. FISCAL IMPACT This project is included in the City of South San Francisco’s Fiscal Year 2018-19 Capital Improvement Program (Project No.ss1704)and is funded by the Sewer Enterprise Fund.Staff requests the approval of Budget Amendment number 19.048 to transfer an additional $460,000 from the Sewer Enterprise Fund into the project budget to cover this project.The City’s adopted sewer rate plan provides revenue to accommodate this transfer. CONCLUSION Staff recommends awarding a construction contract to Flatiron West,Inc.of Benicia,California for the installation of a new effluent storage to comply with the Water Board permit requirement and to extend the useful life of this asset.Staff recommends that the City Council approve Budget Amendment 19.048, appropriating $460,000 in Sewer Enterprise funds and amending the Fiscal Year 2018-19 Capital Improvement Program. Attachments: 1.Vicinity Map City of South San Francisco Printed on 4/4/2019Page 2 of 2 powered by Legistar™ Attachment 1 – Vicinity Map South San Francisco/San Bruno Water Quality Control Plant Consulting Agreement for WQCP Effluent Storage Basin Liner Replacement (Project No. ss1704) City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-140 Agenda Date:4/10/2019 Version:1 Item #:1a. Resolution awarding a construction contract to Flatiron West,Inc.of Benicia,California for the WQCP Effluent Storage Pond Liner Replacement (Project No.ss1704)in an amount not to exceed $716,000,authorizing a total construction budget of $859,200, and approving Budget Amendment Number 19.048 WHEREAS,the City of South San Francisco operates the South San Francisco/San Bruno Water Quality Control Plant (WQCP or Plant), located at 195 Belle Air Road, and WHEREAS,this critical facility provides secondary wastewater treatment for the Cities of South San Francisco and San Bruno, Town of Colma, and portions of City of Daly City, a population over 110,000, and WHEREAS,to comply with the State Regional Water Quality Control Board (Water Board)permit limits, treated effluent is diverted to a 7 million gallon basin for temporary storage during high wet weather flow events, and WHEREAS,in 2004 the storage basin was lined with a flexible,impermeable geomembrane liner to control seepage of the treated effluent into underlying soils, and WHEREAS, Water Board requires that that City replace the aging and deteriorated basin liner this summer, and WHEREAS,on February 28,2019,the City issued a Notice Inviting Bids for construction to replace the existing geomembrane liner in the effluent storage basin and received one bid in response, and WHEREAS,Flatiron West,Inc.of Benicia,California submitted the single responsive and responsible bid in the amount of $716,000, and WHEREAS,awarding a construction contract to Flatiron West,Inc.of Benicia,California will allow the City to replace the effluent storage basin liner this summer to comply with the Water Board permit requirement and to extend the useful life of this critical facility. WHEREAS,pursuant to Public Contract Code §20166,Public Works contracts,if awarded,are ordinarily awarded to the lowest responsible bidder whose bid is responsive to the solicitation; and WHEREAS,the project is included in the City of South San Francisco’s Fiscal Year 2018-19 Capital Improvement Program (Project No. ss1704); and WHEREAS,approval of Budget Amendment number 19.048 is requested to transfer an additional $480,000 from the Sewer Enterprise Fund into the project budget to cover this planned expenditure.. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the CityCity of South San Francisco Printed on 4/11/2019Page 1 of 2 powered by Legistar™ File #:19-140 Agenda Date:4/10/2019 Version:1 Item #:1a. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A,for the WQCP Effluent Storage Pond Liner Replacement (Project No.ss1704)to Flatiron West,Inc.of Benicia,California,in an amount not to exceed $716,000 conditioned on timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement,in accordance with the Project documents. BE IT FURTHER RESOLVED the City Council authorizes a total Project construction budget of $849,200. BE IT FURTHER RESOLVED the City Council authorizes the Finance Department to establish the Project Budget consistent the information contained in the staff report. BE IT FURTHER RESOLVED the City Council approves Budget Amendment 19.048,appropriating $480,000 in Sewer Enterprise funds and amending the Fiscal Year 2018-19 Capital Improvement Program. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement and any other related documents on behalf of the City upon timely submission by Flatiron West,Inc.of Benicia of the signed contract and all other documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the resolution. ***** City of South San Francisco Printed on 4/11/2019Page 2 of 2 powered by Legistar™ i EXHIBIT A FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS CITY OF SOUTH SAN FRANCISCO WQCP EFFLUENT STORAGE BASIN LINER REPLACEMENT ENGINEERING FILE NO. SS-16-4, PROJECT NO. ss1704, BID NO. 2619 INDEX Page No. 1.Scope of Work A-1 2.The Contract Documents A-1 3.Equipment - Performance of Work A-2 4.Contract Price A-2 5.Rights of City to Increase Working Days A-2 6.Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7.Termination of Contract for Convenience A-3 8.Performance by Sureties A-5 9.Hold-Harmless Agreement and Contractor's Insurance A-6 10.Insurance A-6 11.Proof of Carriage of Insurance A-8 12.Provisions Cumulative A-8 13.Notices A-8 14.Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention A-10 A-1 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 10th, day of April, 2019, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and <Contractor>, Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on April 10, 2019, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1.Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the WQCP Effluent Storage Basin Liner Replacement Project; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2.The Contract Documents. The complete Contract consists of the following documents: (A)Notice Inviting Bids. (B)Part I – Submitted Proposal (as accepted). (C)This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D)Part II – General Conditions. 1.1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. A-2 (E)Part III – Special Provisions: Contains Special Conditions and Technical Specifications. Note that the Special Conditions make the Caltrans Standard Specifications and Standard Plans, dated 2018, part of the contract documents. (F)Part IV – Selected Sheets of the Record Drawing from the initial installation All rights and obligations of City and Contractor are fully set forth and described in the contract documents. 3.All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 4.Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: Contract/Bid Documents for WQCP Effluent Storage Basin Liner Replacement Engineering File No. SS-16-4, Project No.ss1704 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 5.Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of Seven Hundred Sixteen Thousand dollars ($716,000). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 6.Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. 7.Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion A-3 within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 8.Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A)The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1)Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2)Perform work the Engineer deems necessary to secure the project for termination. (3)Remove equipment and plant from the site of the Work. (4)Take such action as is necessary to protect materials from damage. (5)Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. (6)Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. A-4 (7)Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8)Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9)Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10)Take such other actions as the Engineer may direct. (B)Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1)The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2)The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3)When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C)Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D)The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1)The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of A-5 materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2)A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3)The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4)A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5)A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 9.Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after A-6 notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 10.Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A)The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B)That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11.Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A)Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B)Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): A-7 (1)Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2)Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C)Comprehensive Automobile Liability Insurance (includes owned, non- owned, and hired vehicles): (1)Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2)Property Damage Liability: $ 500,000 each occurrence (D)It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 12.Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing A-8 that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 13.Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 14.Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 15.Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. A-9 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. ATTEST:CITY: City of South San Francisco, a municipal corporation By: City Clerk Mike Futrell, City Manager CONTRACTOR: Flatiron West, Inc. Benicia 2100 Goodyear Road, Benicia, CA 94510 ATTEST:By: (If Contractor is an individual, so state. If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). A-10 ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and Flatiron West, Inc. of Benicia,whose address is 2100 Goodyear Road, Benicia, CA 94510__, hereinafter called “Contractor” and ___________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1.Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2.The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3.When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4.Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5.The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6.Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7.The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. A-11 8.Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9.Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10.The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner:On behalf of Contractor: Title Title Name Name Signature Signature Address Address On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. A-12 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner:Contractor: Title Title Name Name Signature Signature Approved as to form:Attest: City Attorney Date City Clerk City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-677 Agenda Date:4/10/2019 Version:1 Item #:2. Report regarding a resolution awarding a construction contract to Seton Pacific Construction of San Francisco, California for the Antoinette Lane Underground Utility District Project,Phase 1 in an amount not to exceed $2,019,667,authorizing a total construction budget of $2,221,634 and approving Budget Amendment Number 19.049. (Jason Hallare, Associate Engineer and Kathleen Phalen, Swinerton) RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a construction contract to Seton Pacific Construction of San Francisco,California for the Antoinette Lane Underground Utility District Project,Phase 1 (Project No.st1702a)in an amount not to exceed $2,019,667,authorizing a total construction budget of $ 2,221,634, and approving Budget Amendment Number 19.049. BACKGROUND/DISCUSSION The Antoinette Underground Utility District phase 1 project will move the overhead power and communication utilities along the frontage of the planned Community Civic Center Campus and Police Department to an underground trench in Antoinette Lane.The City Council adopted Ordinance 1540-2017 on July 26,2017 to formally establish the underground district in accordance with California Public Utilities Commission (CPUC) Rule 20A.This ordinance specifies that the City will serve as the Lead Agent responsible for coordinating the project with PG&E,AT&T,Comcast,and Wave Broadband (Utilities),leading the design development,and contracting to complete the joint trench construction. The District boundaries encompass the two-block extent of Antoinette Lane.However,during design development,it became evident that it would be infeasible to complete the southern block before the developer of the 988 El Camino Real housing project completes a major rerouting of underground utilities from within its property.Therefore,the City’s undergrounding project has been separated into two phases to allow the northern block to proceed ahead of the Community and Civic Center Campus construction.The City may schedule the Phase 2 work after the developer’s utility work is complete. The City engaged Bellecci &Associates,Inc.to prepare the construction plans and specifications.The designer worked closely with PG&E,AT&T,Comcast,and Wave Broadband and the 988 El Camino Real developer to ensure the design will serve all parties.After reviewing the final design,Wave Broadband opted not to place new underground facilities in the Phase 1 project,but still intends to participate in the Phase 2 project.The designer coordinated with the utilities to develop the construction cost allocation,known as the Form B.Rule 20A specifies that the undergrounding costs are allocated among all the parties to the project,i.e.,for phase 1 this is PG&E,AT&T,Comcast,and the City.Rule 20A allows the City to invoice the other parties for one-half of their Form B commitments upon the City’s award of the construction contract award and for the remaining amounts upon the City’s acceptance of contract work. Staff advertised a notice inviting bids for the project on February 26,2019,and March 5,2019.On March 26, 2019,staff received four (4)bids in response.The lowest responsive bid was Seton Pacific Construction of San Francisco,California who staff finds to be a responsible bidder.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and finds it to be in good standing.In City of South San Francisco Printed on 4/4/2019Page 1 of 3 powered by Legistar™ File #:18-677 Agenda Date:4/10/2019 Version:1 Item #:2. contractor’s license with the California State Licensing Board and finds it to be in good standing.In accordance with Public Contracts Code §20166,public works contracts are ordinarily awarded to the lowest responsible bidder whose bid is responsive to the solicitation. The following is a summary of all bids received: Base Bid Amount Seton Pacific Construction of San Francisco, California $2,019,667 Mitchell Engineering of San Francisco, California $2,140,179 Tennyson Electric, Inc. of Livermore, California $2,177,238 St. Francis Electric, LLC of San Leandro, California $2,180,740 The Engineer’s estimate is $ 2,218,122. The project budget is: Seton Pacific Construction Contract $2,019,667 Construction Contingency (10%)$ 201,967 Total Project Budget $2,221,634 The construction contingency will be used for any additional costs related to design changes during the construction operations.Costs for these potential change orders will be allocated among the parties in proportion to their benefits. There are no Disadvantaged Business Enterprise (DBE)requirements for this contract since no federal funds are being utilized on the project.The project is categorically exempt from California Environment Quality Act (CEQA)requirements in accordance with 14 CCR 15302(d)which exempts conversion of overhead electric utility distribution system facilities to underground. FISCAL IMPACT In the City of South San Francisco’s Fiscal Year 2018-19 Capital Improvement Program (CIP)Project No. st1702,this project is funded by the general fund,Measure W fund,and the Rule 20A fund.Budget Amendment 19.049 will replace Measure W funds with Infrastructure reserves and appropriate an additional $1 million in Rule 20A funds that are eligible for reimbursement for the project from PG&E Rule 20A allocations for South San Francisco to provide sufficient fund allocation to cover the contract cost. The Rule 20A fund represents the reimbursement to the City for the utilities’shares of the costs as defined in the Form B.PG&E will draw its costs from the work credits it has allocated to the City.As of the latest allocation on June 30,2018,the City has accumulated a balance of a little over $6,780,000 in work credits.The other utilities will pay their cost reimbursements to the City directly from their budgets. CONCLUSION Awarding the construction contract to Seton Pacific Construction of San Francisco,California,for the City of South San Francisco Printed on 4/4/2019Page 2 of 3 powered by Legistar™ File #:18-677 Agenda Date:4/10/2019 Version:1 Item #:2. Awarding the construction contract to Seton Pacific Construction of San Francisco,California,for the Antoinette Lane Underground Utility District Project,Phase 1 will construct the underground joint trench with conduits,vaults,and boxes such that PG&E,AT&T,Comcast,and will relocate their overhead facilities underground and Wave Broadband will remove its overhead facilities in according with CPUC Rule 20A.Staff recommends that the City Council approve Budget Amendment 19.049,appropriating $1,000,000 in Rule 20A funds and replacing Measure W funding source with Infrastructure Reserves and amending the Fiscal Year 2018-19 Capital Improvement Program. Attachments: 1.Exhibit A - Antoinette Underground Utility District Map City of South San Francisco Printed on 4/4/2019Page 3 of 3 powered by Legistar™ 0933300 4 0 922920918942950AN T O I N E T T E L N MISSION RD ANTOINETTE LN EL CAMINO REAL CHESTNUT AVEA STOAK AVEANTOINETTE LN Exhibit A City of South San FranciscoProposed Antoinette LaneUtility Underground District 0 250 500125 Feet Legend Utility District Boundary Properties in Utility District City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-678 Agenda Date:4/10/2019 Version:1 Item #:2a. Resolution awarding a construction contract to Seton Pacific Construction of San Francisco,California for the Antoinette Lane Underground Utility District Project (Project No.st1702),Phase 1 in an amount not to exceed $2,019,667,authorizing a total construction budget of $2,221,634,and approving Budget Amendment Number 19.049 WHEREAS,on July 26,2017,the City Council adopted Ordinance 1540-2017 to establish the Antoinette Lane Underground Utility District (“District”)in accordance with California Public Utilities Commission (CPUC) Rule 20A; and WHEREAS,Ordinance 1540-2017 specifies that the City of South San Francisco (“City”)is the Lead Agent responsible for coordinating the project with PG&E,AT&T,Comcast,and Wave Broadband (Utilities),leading the design development, and contracting to complete the joint trench construction; and WHEREAS, the District boundaries encompass the two-block extent of Antoinette Lane; and WHEREAS,Phase 1 of the construction,to be awarded at this time,consists of the northern block of Antoinette Lane adjacent to the future site of the Community Civic Center Campus and Police Department; and WHEREAS,the City’s consultant,Bellecci &Associates,Inc.prepared the Phase 1 construction plans and specifications in coordination with PG&E,AT&T,Comcast,and Wave Broadband and the developer of the adjacent housing project at 988 El Camino Real to ensure the design appropriately serves all parties; and WHEREAS,the City advertised a notice inviting bids for the project on February 26,2019 and on March 5, 2019 received and opened four bids in response; and WHEREAS,upon evaluation of the bids,Seton Pacific Construction of San Francisco,California was found to be a responsible bidder and provided the lowest responsive bid in the amount of $2,019,667; and WHEREAS,a construction contingency of ten percent is recommended to allow efficient processing of any additional costs related to needed design changes during the construction operations; and WHEREAS,project costs have been allocated among the project participants and documented in the Form B and so the City will be reimbursed by PG&E,AT&T,and Comcast,for their respective share of the Phase 1 project design and construction costs. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council does hereby approve Budget Amendment 19.049 to appropriate $1,000,000 in Rule 20A funds and replace the project budget’s Measure W funding source with Infrastructure Reserves and amending the FiscalCity of South San Francisco Printed on 4/11/2019Page 1 of 2 powered by Legistar™ File #:18-678 Agenda Date:4/10/2019 Version:1 Item #:2a. replace the project budget’s Measure W funding source with Infrastructure Reserves and amending the Fiscal Year 2018-19 Capital Improvement Program. BE IT FURTHER RESOLVED that the City Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A,for the Antoinette Lane Underground Utility District Project,Phase 1 (Project No. st1702)to Seton Pacific Construction of San Francisco,California,in an amount not to exceed $2,019,667 conditioned on Seton Pacific Construction’s timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement,in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council authorizes a total Project construction budget of $2,221,634,and authorizes the City Manager to utilize unspent amount of the total Project,if necessary, towards additional construction contingency budget. BE IT FURTHER RESOLVED that the City Council authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that that the City Manager is hereby authorized to execute the agreement and any other related documents on behalf of the City upon timely submission by Seton Pacific Construction of the signed contract and all other documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intent of this resolution. ***** City of South San Francisco Printed on 4/11/2019Page 2 of 2 powered by Legistar™ EXHIBIT A FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS CITY OF SOUTH SAN FRANCISCO ANTOINETTE LANE UNDERGROUND UTILITY DISTRICT ENGINEERING FILE NO. ST-16-3, PROJECT NO. st1702, BID NO. 2621 INDEX Page No. 1.Scope of Work A-1 2.The Contract Documents A-1 3.Equipment - Performance of Work A-2 4.Contract Price A-2 5.Rights of City to Increase Working Days A-2 6.Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7.Termination of Contract for Convenience A-3 8.Performance by Sureties A-5 9.Hold-Harmless Agreement and Contractor's Insurance A-6 10.Insurance A-6 11.Proof of Carriage of Insurance A-8 12.Provisions Cumulative A-8 13.Notices A-8 14.Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention A-10 City of South San Francisco Bid No. 2621 Antoinette Lane Underground Utility District, Phase 1 City Project st1702 Page A-1 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 10th, day of April, 2019, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and Seton Pacific Construction, hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on April 10, 2019, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1.Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the Antoinette Lane Underground Utility District, Phase 1; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2.The Contract Documents. The complete Contract consists of the following documents: (A)Notice Inviting Bids. (B)Part I – Submitted Proposal (as accepted). (C)This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D)Part II – General Conditions. 1.1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. A-2 (E)Part III – Special Provisions: Contains Special Conditions and Technical Specifications. Note that the Special Conditions make the Caltrans Standard Specifications and Standard Plans, dated 2018, part of the contract documents. (F)Part IV – Contract Drawings, prepared by Bellecci and Associates, dated March 2019. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. 3.All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 4.Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: ANTOINETTE LANE UNDERGROUND UTILITY DISTRICT, PHASE 1 Engineering File No. ST-16-3, Project No.st1702a The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 5.Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of Two Million Nineteen Thousand Six Hundred Sixty Seven Dollars ($2,019,667). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 6.Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. 7.Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the A-3 Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 8.Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A)The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1)Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2)Perform work the Engineer deems necessary to secure the project for termination. (3)Remove equipment and plant from the site of the Work. (4)Take such action as is necessary to protect materials from damage. (5)Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. A-4 (6)Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7)Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8)Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9)Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10)Take such other actions as the Engineer may direct. (B)Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1)The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2)The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3)When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C)Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D)The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: A-5 (1)The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2)A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3)The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4)A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5)A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 9.Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's A-6 sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 10.Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A)The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B)That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11.Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A)Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". A-7 (B)Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1)Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2)Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C)Comprehensive Automobile Liability Insurance (includes owned, non- owned, and hired vehicles): (1)Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2)Property Damage Liability: $ 500,000 each occurrence (D)It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. A-8 12.Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 13.Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 14.Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 15.Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. A-9 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. ATTEST:CITY: City of South San Francisco, a municipal corporation By: City Clerk Mike Futrell, City Manager CONTRACTOR: ATTEST:By: (If Contractor is an individual, so state. If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). A-10 ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1.Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2.The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3.When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4.Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5.The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6.Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7.The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. A-11 8.Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9.Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10.The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner:On behalf of Contractor: Title Title Name Name Signature Signature Address Address On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. A-12 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner:Contractor: Title Title Name Name Signature Signature Approved as to form:Attest: City Attorney Date City Clerk City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1036 Agenda Date:4/10/2019 Version:1 Item #:3. Report regarding a motion to accept the construction improvements of the Avalon-Brentwood Park Neighborhood Traffic Calming Project as complete in accordance with plans and specifications (Total Construction Cost $214,122). (Matthew Ruble, Acting Principal Engineer and Peter Vorametsanti, Swinerton) RECOMMENDATION It is recommended that the City Council,by motion,accept the construction improvements of the Avalon -Brentwood Park Neighborhood Traffic Calming (CIP Project No.tr1703)as complete in accordance with plans and specifications (Total Construction Cost $214,122). BACKGROUND/DISCUSSION On September 12,2018,the City awarded a construction contract to Golden Bay Construction,Inc.to install speed cushion traffic calming devices in the Avalon-Brentwood Park neighborhood.Speed cushions are a type of speed hump with cut outs spaced for unimpeded fire truck passage.The work included installing twenty speed cushions throughout the residential streets along with associated pavement markings on the cushions and advanced warning signage for each cushion.The installations have been inspected by the Engineering Division and found to be complete in accordance with the contract documents as of March 19,2019.Location Map and Photos are included in the Attachment 1 of this staff report. The total construction cost incurred for the project is summarized as follows: Projected Actual Golden Bay Construction, Inc. Contract $188,782$188,782 Construction Contingency $28,218 $25,340 Total Construction Budget $217,000$214,122 Contingency was used to replace and relocate existing pavement striping in locations where the markings were obscured by the new speed cushions and to add advanced warning pavement markings. FISCAL IMPACT Funding for this project was drawn from the General Fund.The total construction cost incurred for the project is summarized as follows: Projected Actual Golden Bay Construction, Inc. Contract $188,782$188,782 Construction Contingency $28,218 $25,340 Total Construction Budget $217,000$214,122 Contingency was used to replace and relocate existing pavement striping in locations where the markings were City of South San Francisco Printed on 4/4/2019Page 1 of 2 powered by Legistar™ File #:18-1036 Agenda Date:4/10/2019 Version:1 Item #:3. obscured by the new speed cushions and to add advanced warning pavement markings. FUNDING Funding for this project was included in the City of South San Francisco 2018-2019 Capital Improvement Program. CONCLUSION Staff recommends acceptance of the project as complete.Upon acceptance,a Notice of Completion will be filed with the County of San Mateo Recorder’s office.At the end of the thirty day lien period,the retention funds will be released to the Contractor after the City receives one year warranty bond. Attachment 1 - Before and After Construction Photographs City of South San Francisco Printed on 4/4/2019Page 2 of 2 powered by Legistar™ Tr1703 Avalon-Brentwood Park Traffic Calming Attachment 1, Page 1 of 3 Tr1703 Avalon-Brentwood Park Traffic Calming Attachment 1, Page 2 of 3 Ponderosa - Before Ponderosa - After Tr1703 Avalon-Brentwood Park Traffic Calming Attachment 1, Page 3 of 3 Northwood – Before Northwood - After