HomeMy WebLinkAboutCC Resolution 14560 (City Hall Switchgear Replacement Project)RESOLUTION NO. 14560
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AWARDING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONSTRUCTION AGREEMENT TO CES CORP. DBA
CAL ELITE BUILDERS FOR THE CITY HALL SWITCHGEAR REPLACEMENT PROJECT, IN
THE AMOUNT OF $489,990; AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT
OF $50,010 FOR A TOTAL APPROPRIATED AMOUNT OF $540,000.
WHEREAS, on the 6th day of July 2018, 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:
“City Hall Switchgear Replacement and PG&E Upgrades”
City Project No. 11304
in accordance with the plans and specifications therefore on file in the Department of Public Works, 111
Morphew Street, San Rafael; and
WHEREAS, the bid of $489,990.00 from CES Corp. DBA Cal Elite Builders, 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; and
WHEREAS, the Council finds that the lack of a notarization on the signed Non-Collusion
Affidavit submitted with the bid from CES Corp. DBA Cal Elite Builders is an inconsequential
irregularity and should be waived, because it does not affect the amount of the bid or give the bidder an
advantage over other bidders, nor does it provide a potential vehicle for favoritism, or influence potential
bidders to refrain from bidding, or affect the City’s ability to make bid comparisons; and
WHEREAS, staff has recommended that the project budget include a contingency amount of
$50,010.00; and
WHEREAS, the Council finds that this project is for the replacement of existing electrical
switchgear equipment at the San Rafael City Hall that is categorically exempt from environmental review
under the California Environmental Quality Act (“CEQA”, 14 Cal Code Regs §15301;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1.The plans and specifications for the City Hall Switchgear Replacement and PG&E
Upgrades, City Project No.11304, on file in the Department of Public Works, 111
Morphew Street, San Rafael, are hereby approved.
2.The bid of CES Corp. DBA Cal Elite Builders is hereby accepted at the unit prices stated
in its bid, and the contract for said work and improvements is hereby awarded to CES
Corp. DBA Cal Elite Builders at the stated unit prices.
3.The City Manager is authorized and directed to execute a contract with CES Corp. DBA
Cal Elite Builders for the bid amount, in the form attached hereto as Exhibit 1 and
incorporated herein, subject to final approval as to form by the City Attorney, and to
return the bidder’s bond upon the execution of the contract.
4.Funds for the project totaling $540,000, which includes the construction award amount
and contingency, will be appropriated for City Project No. 11304, from the Building
Replacement Fund #603.
5.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, Lindsay Lara, 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 20th day of August, 2018 by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
File No.: 06.01.229
City of San Rafael California
Form of Agreement
for
City Hall Switchgear Replacement and PG&E Upgrades
This Agreement is made and entered into this ___ day of ________ 201 8 by and between the City of San Rafael
(hereinafter called City) and CES Corp. DBA Cal Elite Builders (hereinafter called Contractor). Witnesseth,
that the City and the Contractor, for the considerations hereinafter named, agree as follows:
l - 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: City Hall Switchgear Replacement
and PG&E Upgrades 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 required additional insured coverage
for City under contractor’s liability insurance policy shall be primary with respect to any insurance or coverage
maintained by city and shall not call upon city’s insurance or self-insurance for any contribution.
lI- 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 Sixty (60) Working Days and with such
extensions of time as are provided for in the General Provisions.
llI - 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 impracti cable 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 $1,900 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.
lV - 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 uni ts 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
QUANTITY UNIT UNIT
PRICE TOTAL
PRICE
1. Mobilization (3% Maximum of Base
Bid) 1 LS @ 17,000.00 = 17,000.00
2. Clearing and Grubbing 1 LS @ 20,000.00 = 20,000.00
3. Excavation and Backfill 275 CY @ 160.00 = 44,000.00
5. Minor Concrete
a. Concrete Paving 380 SF @ 60.00 = 22,800.00
b. Concrete Pad 640 SF @ 75.00 48,000.00
ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT
PRICE TOTAL
PRICE
5. Concrete Retaining Wall 50 CY @ 980.00 = 49,000.00
7. Black Clad Chain Link Fence 70 LF @ 150.00 = 10,500.00
8. Electrical 1 LS @ 278,690.00 = 278,690.00
BASE BID $____________$489,990.00____
Four hundred Eighty Nine Thousand Nine hundred Ninety dollars and 0/100
(BASE BID WRITTEN IN WORDS)
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 Depar tment.
(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 provision s of Section 22300 of the Public Contract 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 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) 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 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.
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.
CITY OF SAN RAFAEL:
________________________________________
Jim Schutz
City Manager
ATTEST:
CES Corp. DBA Cal Elite Builders
By:
Lindsay Lara
City Clerk
Printed Name:
Title of Corporate Officer:
APPROVED AS TO FORM:
CES Corp. DBA Cal Elite Builders
By:
Robert F. Epstein
City Attorney
Printed Name:
Title of Corporate Officer:
File No.: 18.06.59