HomeMy WebLinkAboutCC Resolution 9591 (ADA Wheelchair Ramp Construction)RESOLUTION NO. 9 5 91
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 23`d day of April, 1996, pursuant to due and legal
notice published in the manner provided by law, inviting sealed bids or proposals for the
work hereinafter mentioned, as more fully appears from the Affidavit of Publication
thereof on file in the office of the City Clerk of the City of San Rafael, California, the City
Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for
doing the following work in said City, to wit:
"ADA WHEELCHAIR RAMP CONSTRUCTION"
PROJECT NO. 019-1990-907
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Ghilotti Brothers Construction 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 therefor;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED
that the bid of Ghilotti Brothers Construction and the same is hereby accepted at said
unit prices and that the contract for said work and improvements be and the same is hereby
awarded to said Ghilotti Brothers Construction at the unit prices mentioned in said bid.
IT IS FURTHER ORDERED AND RESOLVED that the City Engineer
is hereby authorized to extend the time for completion of the contract as set forth herein
upon showing of good cause by the Contractor.
IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the
City Clerk of said City be authorized and directed to execute a contract with Ghilotti
Brothers Construction for said work and to return the bidders bond upon the execution
of said contract.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted at a
ORIGINAt �„
regular meeting of the Council of said City on Monday, the 6"' day of May, 1996, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE E M. LEON INI, City Clerk
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City of San Rafael • California
Form of Contract Agreement
for
GHILOTTI BROTHERS CONSTRUCTION
This Agreement is made and entered into this 6th day of May 1996 by and between the
City of San Rafael (hereinafter called City) and Ghilotti Brothers Construction
(hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
II - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment
and labor necessary, and to perform all of the work shown on the plans and described
in the specifications for the project entitled: ADA Wheelchair Ramp Construction, 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.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within 5
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within 20 working days after the date of such notice
and with such extensions of time as are provided for in the General Conditions.
1111- 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 $500 for each and every calendar day's delay in finishing the work
in excess of the number of working days prescribed above; and the Contractor agrees to
pay said liquidated damages herein provided for, and further agrees that the City may
deduct the amount thereof from any moneys due or that may become due the
Contractor under the contract.
IV - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the amounts
determined for the total number of each of the units of work in the following schedule
completed at the unit price stated. The number of units contained in this schedule is
approximate only, and the final payment shall be made for the actual number of units
that are incorporated in or made necessary by the work covered by the Contract.
AGREEMENT • 1
Ju.'
PRICES OF ITEMS
NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE
1. Wheelchair ramp 35 Each @ $1295.00 = $45,325.00
installation concrete
2. Wheelchair ramp 5 Each @ $460.00 = $2,300.00
installation, (AC)
3. 12" PVC 48 LF @ $178.00 = $8,544.00
4. Catch Basin Type "C" 5 Each @ $1,250.00 = $6,250.00
5. Modify existing CB to MH 4 Each @ $940.00 = $3,760.00
top
6 Relocate traffic signal 1 Each @ $2,878.00 $2,878.00
7 Island Reconstruction 4 Each @ $1,950.00 $7,800.00
GRAND TOTALBID $76,857.00
V - Progress Payments
(a). On not later than the 6th day of every month the Public Works Department
shall prepare and submit an estimate covering the total quantities under each
item of work that have been completed from the start of the job up to and
including the 25th day of the preceding month, and the value of the work so
completed determined in accordance with the schedule of unit prices for such
items together with such supporting evidence as may be required by the City
and/or Contractor .
(b). On not later than the 15th day of the month, the City shall, after deducting
previous payments made, pay to the Contractor 90% of the amount of the
estimate as approved by the Public Works Department.
(c). Final payment of all moneys due shall be made within 15 days after the
expiration of 35 days following the filing of the notice of completion and
acceptance of the work by the Public Works Department.
(d). The Contractor may elect to receive 100% of payments due under the contract
from time to time, without retention of any portion of the payment by the public
agency, by depositing securities of equivalent value with the public agency in
accordance with the provisions of Section 4590 of the 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
AGREEMENT • 2
the City within 15 days after the expiration of 35 days following the date of
recordation of said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with
work have been paid, except that in case of disputed indebtedness or liens the
Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
(c) The 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.
(d) 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 frilly
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:
. _
nne M. Lenoncinr
City Clerk
APPROVED TO FORM:
Wary T. Ragghianti
City Attorney
CITY OF SAN RAFAEL:
1.41�blerroro�yl�'
Mayor
CONTRACTOR:
."6� )e �-
EVA R. GHILOTTI PRESIDENT/CEO
GHILOTTI BROTHERS
CONSTRUCTION
AGREEMENT • 3
ACTION BY THE BOARD OF DIRECTORS
OF
GHILOTTI BROTHERS CONSTRUCTION, INC-
A California Corporation
April 23, 1992
The undersigned, constituting the all of the directors of
GHILOTTI BROTHERS CONSTRUCTION, INC., a California Corporation, do
hereby adopt the following resolutions by written consent, as
permitted by the Corporation's Bylaws:
RESOLVED that the following named persons are
elected to the offices set
forth opposite
their respective names to
serve for the
ensuing year or until their
successors are
elected and qualified:
EVA R. GHILOTTI -
President
MARIO M. GHILOTTI -
Executive Vice
President/
General Manager
MICHAEL M. GHILOTTI -
Executive Vice
President of
Operations
DANTE W. GHILOTTI -
Executive Vice
President of
Administration/
Chief Financial
Officer
MARY LOU HERNANDEZ - Secretary
RESOLVED FURTHER, the principal office of the
Corporation shall be located at 525 Jacoby
Street, San Rafael, California.
-1-
RESOLVED FURTHER, that the President of the
Corporation is hereby directed to cause a
Notice required by Subdivision 25102(f) of the
California Corporations Code to be prepared
and signed by an active member of the State
Bar of California, and to cause the notice to
be filed or mailed for filing to the
California Commissioner of Corporations not
later than ten (10) business days after the
Corporation has received the consideration
specified herein for issuance of its shares.
RESOLVED FURTHER, that on receipt by the
Corporation of the consideration to be paid
for its shares, the officers of the
Corporation are directed to issue to the
person named in these resolutions the number
of shares set forth in these resolutions.
RESOLVED FURTHER, that the fiscal year of this
Corporation shall end on December 31st of each
year.
RESOLVED FURTHER, that the shareholders have
consented to the election of this Corporation
to be taxed as a Subchapter S Corporation, the
proper officers of this Corporation be, and
they hereby are, authorized and directed to
prepare and file on behalf of this
Corporation, For -,n 2553, Election by a Small
Business Corporation, pursuant to Internal
Revenue Code Section 1372(a), and S
Corporation Election, California Form 5560.
RESOLVED FURTHER, that the proper officers of
this Corporation be, and they hereby are,
authorized and directed to do all things
necessary and to execute any and all
documentation in order to carry out the
foregoing resolutions.
Dated this 23rd day of April, 1992.
EVA R. GHI TTI, recr-or
1 - A-1
i
Qb
MARIO M. GHILOTti, Director
-2-
WI 44j5�
MICHAEL M. GAILOTTI, Director
DANTE W. GHILOTTI, Director
-3-
ACTION BY THE DIRECTORS
BY UNANIA40US VVRmEN CONSENT
IN LIEU OF 1V r. i u4G
OF
GHIL.OTTI BROTHERS CONSTRUCTTON, INC.,
a California corporation
March 1, 1993
We, the undersigned, directors of Ghilotti Brothers Construction, Inc., a California
corporation, hereby adopt the following resolutions by our unanimous written consent in
- lieu of meeting, as permitted by the corporation's By -Laws:
WHEREAS, MARY LOU HERNANDEZ has resigned as Secretary
of this Corporation;
BE IT THEREFORE RESOLVED, that this Corporation's
Executive Vice President of Operations, Michael M. Ghilotti, is
hereby appointed to the additional office of Secretary of this
Corporation to replace Mary Lou Hernandez.
Executed this 1st day of March, 1993.
,,.,a 7�
EVA GHILO=
MARIO M. 'GHIL�3T�'I
t--� . -�tf. -
MICHAEL M. (iHILOTTI
r
DANTE W. GHILOTTI