HomeMy WebLinkAboutCC Resolution 9203 (Merrydale Overcrossing Project)RESOLUTION NO. 9203
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 15th day of July, 1994, 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:
MERRYDALE OVERCROSSING
PROJECT NO. 047-4710-478-8000
in accordance with the plans and specifications therefor on file in the office of
said City Clerk; and
WHEREAS, after reviewing staff reports, listening to presentation at the
Council meeting, and due consideration, the City Council overrules any written or
verbal protests based upon these findings:
1) the items raised on the protest are deemed minor irregularities
and are in accordance with industry standards;
2) the irregularities did not provide any competitive advantage to
the low bidder;
WHEREAS, the bid of Ghilotti Brothers Construction, Inc., at the unit
prices stated in its bid was and is 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, Inc., is hereby accepted at said unit prices
and that the contract for said work and improvements be and same is hereby
awarded to said Ghilotti Brothers Construction, Inc., at the unit prices mentioned
in said bid;
IT IS FURTHER ORDERED AND RESOLVED that any and all certified
checks, cash, or bond accompanying the bids of unsuccessful bidders be forthwith
returned to them respectively;
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;
ORIGINAL
�9��
RESOLUTION NO. 9 2 0 3
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, Inc., 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
regular meeting of the Council of said City on Tuesday, the 6th day of September,
1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6 '�CiClerk_
JEt�A M. LEONC
City of San Rafael, California
Form of Contract Agreement
for
Merrydale Overcrossing
This Agreement is made and entered into this 6th day of September 1994 by and between the City of San
Rafael (hereinafter called City) and Ghilotti Brothers Construction, Inc. (hereinafter called Contractor).
Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows:
I - Scope of the Work
The Contractor hereby agrees to fumish 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: Merydale
Overcrossing, 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.
II- Time of Completion
(a) The work to be performed under this Contract shall be commenced within 10 calendar days after the date of
written notice by the City to the Contractor to proceed.
(b) The work shall be completed within 465 calendar days after the date of such notice and with such extensions
of time as are provided for in the General Conditions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of 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 $3,000.00 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 - Payment
(a) 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 included 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.
NO.
ITEM
QUANTITY
UNITS
UNIT PRICE TOTAL PRICE
1
CONSTRUCTION AREA SIGNS
LS
1
10,000 10,000
2
TRAFFIC CONTROL SYSTEM(S) (CLOSURE SYSTEMS)
LS
1
50,000 50,000
3
TYPE III BARRICADE
EA
8
100 800
4
BARRICADE (LEFT -IN-PLACE)
EA
1
500 500
5
TEMPORARY TRAFFIC STRIPE
LF
6,410
0.40 2,564
6
CHANNELIZER(SURFACE MOUNTED)
EA
15
39 585
7
TEMPORARY PAVEMENT MARKER
EA
610
2.70 1,647
8
PORTABLE CHANGEABLE MESSAGE SIGN
EA
2
15,000 30,000
9
TEMPORARY RAILING (TYPE K)
LF
3,700
15 55,500
CnPy
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
TEMPORARY CRASH CUSHION MODULE
REMOVE CHAIN LINK FENCE
REMOVE METAL BEAM GUARD RAILING
REMOVE PAINTED TRAFFIC STRIPE
REMOVE PAVEMENT MARKER
REMOVE ROADSIDE SIGN
REMOVE SIGN STRUCTURE
REMOVE REINFORCED CONCRETE PIPE
REMOVE CORRUGATED METAL PIPE
REMOVE PLASTIC PIPE
REMOVE INLET
REMOVE HEADWALL
REMOVE REINFORCED CONCRETE BOX
REMOVE MANHOLE
REMOVE JUNCTION BOX
RECONSTRUCT WOOD FENCE
RECONSTRUCT CHAIN LINK FENCE
ADJUST MANHOLE TO GRADE
PLANE ASPHALT CONCRETE PAVEMENT
REMOVE CONCRETE
REMOVE CONCRETE BARRIER
CLEARING & GRUBBING
DEVELOP WATER SUPPLY
ROADWAY EXCAVATION
STRUCTURE EXCAVATION (BRIDGE)
STRUCTURE EXCAVATION (SLOPE PROTECTION)
STRUCTURE EXCAVATION (RETAINING WALL)
STRUCTURE EXCAVATION (UTILITIES)
SAND BEDDING (UTILITIES)
STRUCTURE BACKFILL (BRIDGE)
STRUCTURE BACKFILL (RETAINING WALL)
STRUCTURE BACKFILL (UTILITIES)
PERVIOUS BACKFILL MATERIAL
PERVIOUS BACKFILL MATERIAL (RETAINING WALL)
IMPORTED BORROW
HIGHWAY PLANTING
EROSION CONTROL (TYPE D) (AREA II)
EROSION CONTROL (TYPE D) (AREA 1)
PLANT ESTABLISHMENT WORK
IRRIGATION SYSTEM
8" CORRUGATED STEEL PIPE CONDUIT (0.064" THICK)
EXTEND IRRIGATION CROSSOVER
CLASS 3 AGGREGATE BASE
ASPHALT TREATED PERMEABLE BASE
ASPHALT CONCRETE (TYPE A)
PLACE ASPHALT CONCRETE (MISCELLANEOUS
AREAS)
PLACE ASPHALT CONCRETE DIKE (TYPE C)
PLACE ASPHALT CONCRETE DIKE (TYPE E)
ASPHALTIC EMULSION (PAINT BINDER)
FURNISH 100 TON CONCRETE PILING
DRIVE 100 TON CONCRETE PILE
16" CAST -IN -DRILLED -HOLE CONCRETE PILING
FURNISH PILING (CLASS 70)
DRIVE PILE (CLASS 70)
EA
LF
LF
LF
EA
EA
EA
LF
LF
LF
EA
EA
LF
EA
EA
LF
LF
EA
SQYD
LS
LS
LS
LS
CY
CY
CY
CY
CY
CY
CY
CY
CY
CY
CY
TON
LS
SY
SY
LS
LS
LF
LF
CY
CY
TON
SQYD
78
680
65
4,820
1,250
4
1
2,350
100
50
10
4
22
3
4
120
2,020
3
690
1
1
1
1
9,980
650
140
780
530
36
400
1,780
450
20
205
75,380
1
2,080
2,070
1
1
160
30
5,500
1,250
4,430
120
City of San Rafael
Merrvdale Overcrossinq
350
2
7
1
1
100
2,200
14
100
15
300
400
100
500
300
15
6
300
8
100,000
23,000
18,000
30,000
9
50
23
35
20
48
40
35
35
60
50
0.01
27,802
0.65
0.57
4,150
45,400
20
40
40
75
60
25
27,300
1,020
455
3,374
750
400
2,200
32,900
10,000
750
3,000
1,600
2,200
1,500
1,200
1,800
12,625
900
5,520
100,000
23,000
18,000
30,000
89,820
32,500
3,220
27,300
10,600
1,728
16,000
62,300
15,750
1,200
10,250
754
27,802
1,352
1,180
4,150
45,400
3,200
1,200
220,000
93,750
265,800
3,000
LF
200
4
800
LF
250
4
1,000
TON
20
1
20
LF
380
10
3,800
EA
24
1,200
28,800
LF
300
26
7,800
LF
2,973
7
20,811
EA
108
850
91,800
2
64 FURNISH PILING (CLASS 45)
65 DRIVE PILE (CLASS 45)
66 PRESTRESSING CAST -IN-PLACE CONCRETE
67 STRUCTURAL CONCRETE, BRIDGE FOOTING
68 STRUCTURAL CONCRETE, BRIDGE
69 STRUCTURAL CONCRETE, RETAINING WALL
70 STRUCTURAL CONCRETE, APPROACH SLAB (TYPE
EQ)
71 CLASS A CONCRETE (STRUCTURE)
72 CLASS A CONCRETE (BOX CULVERT)
73 MINOR CONCRETE (MINOR STRUCTURE)
74 ARCHITECTURAL TREATMENT
75 WATERSTOP
76 12" NEOPRENE STRIP
77 JOINT SEAL ASSEMBLY (MR 4')
78 BAR REINFORCING STEEL
79 BAR REINFORCING STEEL (BRIDGE)
80 BAR REINFORCING STEEL (RETAINING WALL)
81 ASPHALT MEMBRANE WATERPROOFING
82 DAMPPROOFING
83 FURNISH SIGN STRUCTURE (BRIDGE MOUNTED
WITH WALKWAY)
84 INSTALL SIGN STRUCTURE (BRIDGE MOUNTED WITH
WALKWAY)
85 ROADSIDE SIGN - ONE POST
86 ROADSIDE SIGN -TWO POST
87 INSTALL SIGN (STRAP AND SADDLE BRACKET
METHOD)
88 INSTALL SIGN (MAST -ARM HANGER METHOD)
89 12" ALTERNATIVE PIPE CULVERT
90 18" ALTERNATIVE PIPE CULVERT
91 24" ALTERNATIVE PIPE CULVERT
92 30" ALTERNATIVE PIPE CULVERT
93 12" REINFORCED CONCRETE PIPE
94 18" REINFORCED CONCRETE PIPE
95 24" REINFORCED CONCRETE PIPE
96 36" REINFORCED CONCRETE PIPE
97 54" REINFORCED CONCRETE PIPE
98 60" REINFORCED CONCRETE PIPE
99 66" REINFORCED CONCRETE PIPE
100 88" x 54" REINFORCED CONC. PIPE ARCH (CLASS V)
101 18" CORRUGATED STEEL PIPE
102 17' SLOTTED CORRUG. STEEL PIPE (0.109" THICK)
103 6" NESTABLE CORRUGATED STEEL PIPE
104 4' PLASTIC DRAIN PIPE
105 8" POLYVINYL CHLORIDE PIPE (UNDERDRAIN)
106 8" PERF. STEEL PIPE UNDERDRAIN (0.064" THICK)
107 8" NON -PERF. STEEL PIPE UNDERDRAIN (0.064"
THICK)
108 3" PLASTIC PIPE (EDGE DRAIN)
109 PLASTIC PIPE (EDGE DRAIN OUTLET)
110 PERMEABLE MATERIAL (BRIDGE)
111 CLASS 3 PERMEABLE MATERIAL
112 8" CORRUGATED STEEL PIPE DOWNDRAIN (0.064"
THICK)
113 24" CORRUGATED STEEL PIPE RISER (0.109" THICK)
114 24" WELDED STEEL PIPE (0.250" THICK)
City of San Rafael
Merrvdale Overcrossina
LF
4,573
7
32,011
EA
165
775
127,875
LS
1
60,000
60,000
CY
247
250
61,750
CY
1,950
320
624,000
CY
855
350
299,250
CY
40
300
12,000
CY
31
350
10,850
CY
400
500
200,000
CY
105
550
57,750
SQFT
7,270
3
21,810
LF
123
16
1,968
LF
100
12
1,200
LF
110
120
13,200
LB
94,000
0.48
45,120
LB
510,000
0.48
244,800
LB
83,000
0.62
51,460
SQFT
470
4
1,880
SQFT
2,520
1
2,520
LB
2,680
3
7,665
LB
2,680
1
3,618
EA
45
200
9,000
EA
4
240
960
EA
3
100
300
EA
5
250
1,250
LF
480
22
10,560
LF
230
25
5,750
LF
740
35
25,900
LF
150
52
7,800
LF
215
33
7,095
LF
130
60
7,800
LF
52
55
2,860
LF
170
74
12,580
LF
120
128
15,360
LF
310
145
44,950
LF
110
200
22,000
LF
190
350
66,500
LF
140
35
4,900
LF
190
39
7,410
LF
6
200
1,200
LF
80
10
800
LF
36
48
1,728
LF
932
3
2,796
LF
12
14
168
LF
5,530
5
25,991
LF
366
25
9,150
CY
22
54
1,188
CY
79
46
3,634
LF
62
15
930
LF
5
90
450
LF
120
70
8,400
3
115 24" CONCRETE FLARED END SECTION
116 88" x 54" REINFORCED CONCRETE PIPE ARCH
FLARED END SECTION
117 12" ALTERNATIVE FLARED END SECTION
118 18" ALTERNATIVE FLARED END SECTION
119 36" PRECAST CONCRETE PIPE INLET
120 48" PRECAST CONCRETE PIPE MANHOLE
121 36" PRECAST CONCRETE PIPE RISER
122 6" TYPE PSM POLYVINYL CHLORIDE (PVC) SEWER
PIPE
123 PRECAST CONCRETE PIPE SEWER MANHOLE
124 ROCK SLOPE PROTECTION (FACING, METHOD B)
125 CONCRETE (GUTTER LINING)
126 SLOPE PAVING (CONCRETE)
127 GABION
128 ROCK SLOPE PROTECTION FABRIC
129 MINOR CONCRETE (MISCELLANEOUS
CONSTRUCTION)
130 MINOR CONCRETE (GUTTER)
131 MISCELLANEOUS IRON AND STEEL
132 MISCELLANEOUS METAL (BRIDGE)
133 MISCELLANEOUS METAL (RESTRAINER)
134 ACCESS DOORS
135 CHAIN LINK FENCE (TYPE CL -3 VINYL CLAD)
136 CHAIN LINK FENCE (TYPE CL -6)
137 OBJECT MARKER (TYPE K)
138 OBJECT MARKER (TYPE N)
139 METAL BEAM GUARD RAIL (WOOD POST)
140 CHAIN LINK RAILING (TYPE 7)
141 METAL HANDRAILING
142 TUBULAR HANDRAILING (MODIFIED)
143 CONCRETE BARRIER (TYPE 25 AND 25A)
144 CONCRETE BARRIER (TYPE 26 AND 26A)
145 DOUBLE THRIE BEAM GUARD RAIL
146 CONCRETE BARRIER (TYPE 50C AND 50C MOD.)
147 CONCRETE BARRIER (TYPE 50E)
148 CABLE RAILING
149 CABLE ANCHOR ASSEMBLY (BREAKAWAY TYPE A)
150 TERMINAL CONNECTOR
151 TERMINAL SECTION (TYPE C)
152 CRASH CUSHION, FRANGIBLE CART.(G.R.E.A.T.)
153 4" THERMOPLASTIC TRAFFIC STRIPE
154 6" THERMOPLASTIC TRAFFIC STRIPE
155 8" THERMOPLASTIC TRAFFIC STRIPE
156 12" THERMOPLASTIC TRAFFIC STRIPE
157 THERMOPLASTIC PAVEMENT MARKING
158 PAINT TRAFFIC STRIPE (2 -COAT)
159 PAVEMENT MARKER (NON REFLECTIVE)
160 PAVEMENT MARKER (REFLECTIVE)
161 SIGNAL AND LIGHTING (LOCATION 1)
162 SIGNAL AND LIGHTING (LOCATION 2)
163 LIGHTING AND SIGN ILLUMINATION
164 BRACING AND SHORING
165 WARRANTY
166 MOBILIZATION
(b) Progress Payments.
City of San Rafael
Memidale Overcrossina
EA
1
450
450
EA
1
2,900
2,900
EA
3
210
630
EA
1
230
230
LF
31
110
3,410
LF
24
120
2,880
LF
16
125
2,000
LF
250
29
7,250
EA
1
1,750
1,750
CY
21
105
2,205
CY
100
220
22,000
CY
24
365
8,760
CY
37
170
6,290
SQYD
30
5
150
CY
780
160
124,800
CY
16
250
4,000
LB
9,240
1
9,240
LB
500
6
3,000
LB
170
6
1,020
LS
1
9,000
9,000
LF
610
10
6,100
LF
600
8
4,680
EA
4
35
140
EA
2
35
70
LF
360
9
3,240
LF
603
29
17,487
LF
150
45
6,750
LF
659
22
14,795
LF
661
40
26,440
LF
605
60
36,300
LF
450
27
12,150
LF
1,146
68
78,329
LF
440
75
33,000
LF
670
10
6,633
EA
3
500
1,500
EA
1
75
75
EA
3
50
150
EA
1
11,000
11,000
LF
4,820
0.35
1,687
LF
250
0.55
138
LF
180
0.85
153
LF
290
2
580
SQFT
3,200
3
9,408
LF
16,100
0.28
4,508
EA
400
2
660
EA
650
3
1,885
LS
1
55,000
55,000
LS
1
71,000
71,000
LS
1
68,600
68,600
LS
1
5,000
5,000
LS
1
1
1
LS
1
480,000
480,000
4
City of San Rafael
Menydale Overcrossinc
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.
2. 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.
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.
4. 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 rs
Finance Director, whose decision on valuation of the securities shall be final.
V - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall
within 5 days make such inspection, and when he finds the work acceptable under the Contract and the
Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under the terms and conditions
thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid
to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of
said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls,
material bills, and other indebtedness connected with work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment
has not already been guaranteed by surety bond.
(c) The 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 F 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 fully completed and
accepted.
(e) The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage
Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further
expressly agreed by and between the parties hereto that should there be any conflict between the terms of this
instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall
be considered as an acceptance of said terms of said proposal conflicting herewith.
(f) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for workmen's compensation or
City of San Rafael
Menvdale Overcrossina
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.
(g) The improvement contemplated in the performance of this contract is an improvement over which the State of
California shall exercise general supervision. The State of California, therefore, shall have the right to assume
full and direct control over this contract whenever the State of California, at its sole discretion, shall determine
that its responsibility to the United States is so required.
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:
panne M. Leo cini
City Clerk
APF � .AS TO FORM:
7,Z 7.�.� ,
"GarY T Ngghianti
City Attomey
C17 -DF SA %FAEL:
A/be Boro
Mayor
C NTRA TO :
PRESIDENTICEO
EVA R. GHILOTTI
for GHILnTTI RRnTHFRS rnticTRUCTION, INC.