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PW Freitas Las Gallinas Intersection ImprovementsCity 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 Record Without Fee, U Per GC 27383 and When recorded mail to: When recorded mail to: City of San Rafael Lindsay Lara, City Clerk 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 2418-0030489 Recorded Official Records (aunty of Marin RICHARD N. BENSON Assessor -Recorder County (Jerk I1:50AM 28 -Aug -2038 REC FEE 0.00 CONFORIED COPY 0.00 a Page Iof2 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF SAN RAFAEL NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 15(" day of May, 2018 and accepted the 20(1' day of August, 2018; that the name, address and nature of the title of the party giving this notice is as follows: The City of San Rafael, 1400 Fifth Avenue, San Rafael, California, 94901, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said City and/or over which said City has an easement; that said work or improvement is described as follows: FREITAS/LAS GALLINAS AND FREITAS/LOS GAMOS INTERSECTION IMPROVEMENTS CITY PROJECT #11171 and reference is hereby made for a further description thereof to the plans and specifications approved for said work or improvements now on file in the Department of Public Works of said City, and said plans and specifications are hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Ghilotti Bros., Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Rafael, California, on 20_. CITY OF SAN RAFAEL A Municipal Corporation By BILL GUERIN Director of Public Works ■ � i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF MARIN Subscribed and sworn to (or affirmed) before 20Ilb , by Bill Guerin, proved to me on thf appeared before me. WITNESS my hand and official seal. Signature�y. Lindsay Lara San Rafael City Clerk me on this A 17 day of A-,kq uSi , basis of satisfactory evidence to be the person(s) who File: 18.01.73