HomeMy WebLinkAboutCC Resolution 14305 (Freitas Las Gallinas Intersection Improvements)RESOLUTION NO. 14305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING THE CONSTRUCTION AGREEMENT FOR THE FREITAS AND LAS
GALLINAS INTERSECTION IMPROVEMENTS PROJECT AND THE FREITAS AND
LOS GAMOS INTERSECTION IMPROVEMENTS PROJECT, TO GHILOTTI BROS.,
INC., IN THE AMOUNT OF $2,616,168.00. AND APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GHILOTTI BROS.,
INC. IN A FORM APPROVED BY THE CITY ATTORNEY.
WHEREAS, on the 7th day of March, 2017, 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:
"Freitas and Las Gallinas Intersection Improvements"
City Project No. 11171
in accordance with the plans and specifications therefore on file in the office of the City Clerk;
and
WHEREAS, City staff has determined that the bid of $2,616,168.00 from Ghilotti Bros.,
Inc., at the unit prices stated in its bid, for the base bid and alternate bid work in the project was
and is the lowest and best bid for said work, and said bidder is the lowest responsible and
responsive bidder for the aforementioned project; and
WHEREAS, the bid specifications for the project specify that the award of the
construction agreement for the project shall be based upon the lowest responsible and responsive
bidder on the base bid for the aforementioned project; and
WHEREAS, Section 3.03 of the Instructions to Bidders provides that the contractor shall
perform 50% of the original total contract price with its own organization; and
WHEREAS, Ghilotti Bros., Inc. submitted the lowest base bid for the aforementioned
project, in the amount of $2,412,287.50, with Ghilotti Bros., Inc. performing $1,161,229.50 of
the base bid work with its own organization (48.2%) and its subcontractors performing
$1,251,058.00 of the base bid work (51.8%); and
WHEREAS, Ghilotti Construction Company filed a letter, dated March 10, 2017,
protesting the award of the construction agreement to Ghilotti Bros., Inc. on the grounds that
Ghilotti Bros., Inc.'s base bid was not in compliance with the requirement in Section 3.03 of the
Instruction to Bidders that a contractor perform 50% of the original total contract price with their
own organization, due to Ghilotti Bros., Inc.'s 1.8% deviation from the 50% work requirement in
its base bid; and
WHEREAS, City staff recommends that the City Council waive Ghilotti Bros., Inc.'s
1.8% deviation in its base bid from the 50% work requirement of Section 3.03 of the Instruction
to Bidders, as being inconsequential and not providing any unfair competitive advantage to
Ghilotti Bros., Inc. over the other bidders, and reject the protest by Ghilotti Construction
Company to Ghilloti Bros., Inc.'s bid;
WHEREAS, there are sufficient funds in the Traffic Mitigation Fund, #246, and in the
Gas Tax Fund, #206, to support the expenditures under the Agreement for the aforementioned
project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The City Council waives the 1.8% deviation from the contractor 50% work
requirement in Ghilotti Bros., Inc.'s base bid, as being inconsequential, and not
providing an unfair competitive advantage to Ghilotti Bros., Inc. over any other
bidders, rejects the protest by Ghilotti Construction Company to Ghilotti Bros.
Inc.'s bid, and finds Ghilotti Bros. Inc. the lowest responsible and responsive
bidder on the base bid for the aforementioned project.
2. The Base Bid plus the Bid Alternative from Ghilotti Bros., Inc. are hereby
accepted at the unit prices stated in its bid, and the agreement for the
aforementioned project work and improvements is hereby awarded to Ghilotti
Bros., Inc. at the stated unit prices.
3. The City Manager and the City Clerk are authorized and directed to execute an
agreement for the aforementioned project with Ghilotti Bros., Inc., in the form
attached to the Staff Report supporting this Resolution and incorporated herein by
reference, subject to final approval as to form by the City Attorney, in the amount
of $2,616,168.00, and to return the bidder's bond upon the execution of the
agreement.
4. Funds totaling $3,142,893.20 are hereby appropriated for City Project No. 11171,
from the Traffic Mitigation Fund, #246.
5. Funds totaling $228,400 are hereby appropriated for City Project No. 11171, from
the Gas Tax Fund, #206.
6. The City Manager is hereby authorized to take any and all such actions and make
changes as may be necessary to accomplish the purpose of this resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 3rd day of April, 2017 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Colin
ESTHER C. BEIRNE, City Clerk
City of San Rafael ♦ California
Construction Agreement
for
Freitas and Las Gallinas Intersection Improvements
This Agreement is made and entered into this [D day of 0PR11— 2017 by and between the City of San Rafael
(hereinafter called City) and Ghilotti Bros., Inc. (hereinafter called Contractor). Witnesseth, that the City and the
Contractor, for the considerations hereinafter named, agree as follows:
I - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to
perform all of the work described in the specifications for the project entitled: Freitas and Las Gallinas
Intersection Improvements, City Project No. 11171, all in accordance with the requirements and provisions of the
Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The
liability insurance provided to City by Contracotr under this contract shall be primary and excess of any other
insurance available to the City.
II- Time of Completion
(a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the
date of written notice by the City to the Contractor to proceed.
(b) All work shall be completed, including all punchlist work, within One Hundred and Twentv (120)
Workine Days and with such extensions of time as are provided for in the General Provisions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of working
days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and
extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by
reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $3,000 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.
ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
Base Bid
1.
Mobilization
I
LS
;i
$70,000.00
= $70,000.00
2.
Signs and Traffic Control
1
LS
a
$75,000.00
— $75,000.00
3.
Clearing and Grubbing
1
LS
«
$320,000.00
-- $320,000.00
4.
Aggregate Base (Class II)
2,000
TON
a
$60.00
— $120,000.00
5.
Minor Concrete — Minor Structures
a. Type A Curb and Gutter
1,220
LF
@
$45.00
— $54,900.00
AGREEMENT -1
L I INITIAL
Zl•7p�1�-
ITEM
6
7
8
9.
10.
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
b. Type E Curb
720
LF
@
$35.00
= $25,200.00
c. Curb Ramp - Case A
6
EA
@
$2,200.00
= $13,200.00
d. Curb Ramp — Modified Case A
I
EA
@
$2,500.00
= $2,500.00
e. Curb Ramp— Case C
1
EA
a
$3,100.00
= $3,100.00
f. Curb Ramp Modified Case C
1
EA
a
$2,700.00
= $2,700.00
g. Modified West Bridge Curb Ramp
1
EA
@
$3,800.00
= $3,800.00
h. 4 -Inch Thick PCC Sidewalk (Type A'B)
5,000
SF
@
$8.50
= $42,500.00
i. Cobblestone Island Median
1,010
SF
a
$28.00
= $28,280.00
j. Type B Storm Drain Manhole
I
EA
a
$7,000.00
= $7,000.00
k. Type E Catch Basin
6
EA
a
$4,000.00
= $24,000.00
I. 24"x24" Drainage Inlet
1
EA
a
$2,600.00
= $2,600.00
Full -Width Grind"
99,120
SF
@
$0.60
= $59,472.00
Hot Mix Asphalt
1,890
TON
«
$150.00
= $283,500.00
Storm Drain Pipe
a. PVC (8" SDR 26)
7
LF
«
$384.00
$2,688.00
b. PVC (12" SDR 26)
40
LF
r,
$350.00
$14,000.00
c. PVC (15" SDR 26)
24
LF
a
$245.00
$5,880.00
d. PVC (30" SDR 26)
4
LF
a
$1,100.00
$4,400.00
Pedstrian Barricade
2
EA
a
$800.00
$1,600.00
Adjust Existing Facilities to Grade
a. Adjust SSMH Manhole Casting to Grade
4
EA
a
$900.00
$3,600.00
b. Adjust AT&T Manhole Casting to Grade
1
EA
a
$900.00
$900.00
c. Adjust Gas Valve Riser to Grade
3
EA
a
$600.00
$1,800.00
d. Adjust Water Valves to Grade
6
EA
d`
$450.00
$2,700.00
e. Adjust Water Meter Box to Grade
I
EA
a
$1,200.00
= $1,200.00
AT&T Conduit and Coordination
I
LS
a
$2,000.00
= $2,000.00
Traffic Signal Modification
1
LS
@
$339,000.00
= $339,000.00
Roadside Signs
AGREEMENT•2
ITEM DESCRIPTION
1. Mobilization
2. Signs and Traffic Control
3. Clearing and Grubbing
4. Aggregate Base (Class II)
5. Minor Concrete Minor Structures
ESTIMATED
QUANTITY
a. Install New Sign(s) on New Post
b. Relocate Existing Sign to New Post
14.
Striping and Pavement Markings
EA
a. Install Detail 9 Stripe (Thermoplastic)
$350.00
b. Install Detail 24 Stripe (Thermoplastic)
10
c. Install Detail 38 Stripe (Thermoplastic)
@
d. Install Detail 38A Stripe (Thermoplastic)
= $1,750.00
e. Install Detail 39 Stripe (Thermoplastic)
LF
f. Install Detail 39A Stripe (Thermoplastic)
$0.55
g. Yellow Curb
580
h. Red Curb
@
i. Pavement Markings (Thermoplastic)
15.
Landscape Improvements
16.
Bioretention Improvements
17.
Helical Piles
18.
Drilled Concrete Piers and Shafts
19.
Cast in Place Concrete
= $1,215.00
a. Retaining Walls
LF
b. Bridge Abutments
$0.85
c. Bridge Railing
20.
Precast, Prestressed Hollowcore Plank
21.
Arbor and Bench
Alternate Bid Item No. 1
1. Mobilization
2. Signs and Traffic Control
3. Clearing and Grubbing
4. Aggregate Base (Class II)
5. Minor Concrete Minor Structures
ESTIMATED
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
12
EA
a
$350.00
$4,200.00
10
EA
@
$175.00
= $1,750.00
1,520
LF
a
$0.55
= $836.00
580
LF
@
$0.75
= $435.00
40
LF
a
$1.50
$60.00
810
LF
a
$1.50
= $1,215.00
1,680
LF
a
$0.85
= $1,428.00
350
LF
a
$0.45
= $157.50
24
LF
a
$1.50
= $36.00
400
LF
«
$1.50
= $600.00
1,500
SF
a
$3.50
= $5,250.00
1
LS
@
$195,000.00
= $195,000.00
630
SF
a
$20.00
= $12,600.00
35
EA
@
$5,300.00
= $185,500.00
480
LF
a
$270.00
= $129,600.00
600
SF
@+
$180.00
= $108,000.00
4
EA
a
$13,000.00
= $52,000.00
70
LF
a
$130.00
= $9,100.00
1
LS
a
$180,000.00
= $180,000.00
1
LS
@
$7,000.00
= $7,000.00
1
LS
a
$5,000.00
= $5,000.00
1
LS
@
$15,000.00
= $15,000.00
1
LS
a
$110,000.00
= $110,000.00
230
TON
@
$60.00
= $13,800.00
AGREEMENT -3
ITEM
DESCRIPTION
a. Type A Curb and Gutter
b. Curb Ramp — Case A
c. 4 -Inch Thick PCC Sidewalk (Type A/B)
d. Type E Catch Basin
e. Turning Structure Top
6. Full -Width Grind"
7. Hot Mix Asphalt
8. Storm Drain Pipe
a. PVC (12" SDR 26)
9. Adjust Existing Facilities to Grade
a. Adjust Water Valve Cover to Grade
10, Roadside Signs
a. Install New Sign(s) on New Post
11. Striping and Pavement Markings
a. Install Detail 22 Stripe (Thermoplastic)
b. Red Curb
c. Pavement Markings (Thermoplastic)
12. Landscape Improvements — 3" Mulch
13. Landscape Improvements — Redwood Header
"Final Pay Item
ESTIMATED
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
215
LF
a
$45.00
$9,675.00
2
EA
a
$2,200.00
$4,400.00
950
SF
@
$8.50
— $8,075.00
2
EA
@
$4,000.00
— $8,000.00
1
EA
@
$3,100.00
$3,100.00
2,680
SF
a
$0.60
— $1,608.00
106
TON
a
$150.00
— $15,900.00
12
LF
rr
$350.00
= $4,200.00
4
EA
@
$450.00
$1,800.00
2
EA
@
$175.00
$350.00
40
LF
a
$1.75
= $70.00
85
LF
@
$1.50
= $127.50
42
LF
a
$3.50
- $147.00
870
SF
@
$1.15
= $1,000.50
210
LF
a
$7.75
= $1,627.50
GRAND TOTAL BID: $2,616,168
V - Progress Payments
(a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an
estimate covering the total quantities under each item of work that have been completed from the start of the
job up to and including the 25th day of the preceding month, and the value of the work so completed
determined in accordance with the schedule of unit prices for such items together with such supporting
evidence as may be required by the City and/or Contractor .
(b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments
made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department.
(c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the
filing of the notice of completion and acceptance of the work by the Public Works Department.
(d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without
retention of any portion of the payment by the public agency, by depositing securities of equivalent value with
the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities,
AGREEMENT -4
if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of
the securities shall be final.
VI - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer
shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the
Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that
the work required by this Contract has been completed and is accepted by him under the terms and conditions
thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid
to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of
said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the City Engineer that all
payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of
disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where
such payment has not already been guaranteed by surety bond.
(c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before
the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than
those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after
final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute
a waiver of all claims by the Contractor, except those previously made and still unsettled.
(e) If after the work has been substantially completed, full completion thereof is materially delayed through no
fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City Engineer,
and without terminating the Contract, make payment of the balance due for that portion of the work fully
completed and accepted.
Such payment shall be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
VII - Assignment of Warranties; Waiver of Subrogation
(a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by
or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor
has installed or provided in connection with the work performed under this Agreement.
(b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation
rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the
insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under
this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's
benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation.
Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be
endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its
subcontractors under this Agreement, and copies of such endorsements shall be provided to City.
AGREEMENT -5
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this
Agreement the day and year first written above.
ATTEST:
e • I?ae e �
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
AA
_Q
Rob Epstein
City Attorney
CITY OF SAN RAFAEL:
Jim Schto
City Maager
Ghilotti Bros., Inc.:
Printed Name: Michael M. Ghilotti
Title: President/Treasurer
Ghilotti Bros., Inc.:
- A,--" -)� Eat4
Printed Name:
Title:
AGREEMENT -6
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Stephanie Gindlesperger
Extension: 3454
Contractor Name: Ghilotti Bros., Inc.
Contractor's Contact: Tori Hawkins
Contact's Email: torih@ghilottibros.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER
DEPARTMENT DATE Check/Initial
1 Project Manager a. Email PINS Introductory Notice to Contractor 3/8/2017 Z SG
3/8/2017
b. Email contract (in Word) & attachments to City Z SG
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement 3/27/2017 ® LAG
and return to Project Manager 3/27/2017 ® LAG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward at least two originals of final agreement to 3/28/2017 ® SG
contractor for their signature
4 Project Manager When necessary, * contractor -signed agreement? N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or Or N SG
Public Works Contract > $125,000
Date of Council approval 4/3/2017
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City 3/29/2017 ® SG
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed 1//6117 % N
agreement
7 City Attorney Review and approve insurance in PINS and , and 4116 �I?
bonds (for Public Works Contracts) /
8 City Manager/ Mayor Agreement executed by Council authorized official
i
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager W —
1-f - $ —Lpa'I