HomeMy WebLinkAboutCC Resolution 14648 (Third and Union Street Resurfacing)RESOLUTION NO. 14648
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AWARDING, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE, A CONSTRUCTION
AGREEMENT FOR THE THIRD AND UNION STREET RESURFACING PROJECT TO
TEAM GHILOTTI, INC., IN THE AMOUNT OF $171,277.80; AND AUTHORIZING
CONTINGENCY FUNDS IN THE AMOUNT OF $18,722.20 FOR A TOTAL
APPROPRIATED AMOUNT OF $190,000.
WHEREAS, on the 11th day of February 2019, 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:
“Third and Union Street Resurfacing”
City Project No. 11360
in accordance with the plans and specifications therefore on file at the Department of
Public Works, 111 Morphew Street, San Rafael; and
WHEREAS, the bid of $171,277.80 from Team Ghilotti, Inc., 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, staff has recommended that the project budget include a
contingency amount of $18,722.20; and
WHEREAS, the Council finds that this project is for the repair of an existing
facility 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 Third and Union Street Resurfacing
Project, City Project No. 11360, on file at the Department of Public Works,
111 Morphew Street, San Rafael, are hereby approved.
2. The bid of Team Ghilotti, Inc. is hereby accepted at the unit prices stated
in its bid, and the contract for said work and improvements is hereby
awarded to Team Ghilotti, Inc. at the stated unit prices.
3. The City Manager is authorized and directed to execute a contract with
Team Ghilotti, Inc. 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 $190,000, which includes the construction
award amount and contingency, will be appropriated for City Project No.
11360, from the Gas Tax Fund #206.
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 18th day of March 2019 by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA,
City Clerk
File No.: 16.06.92
City of San Rafael ◆ California
Form of Agreement
for
Third and Union Street Resurfacing
This Agreement is made and entered into this ___ day of ________ 2019 by and between the City of San
Rafael (hereinafter called City) and Team Ghilotti, Inc.. (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: Third and Union
Street Resurfacing, 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 and
noncontributory 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 Ten (10) 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
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 $2500 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 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 cover ed by the Contract;
provided that the total compensation under this Contract shall not exceed One Hundred Seventy One
Thousand Two Hundred Seventy Seven Dollars and 80/100 ($171,277.80) unless a written amendment is
executed by the City and the Contractor.
BASE BID ITEMS
NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE
1. Mobilization 1 LS @ $4,000.00 = $4,000
2. Signs and Traffic Control 1 LS @ $30,000.00 = $30,000
3. Full Width Grinding 35000 SF @ $1.40 = $49,000
4. Hot Mix Asphalt
Asphalt Concrete Overlay 570 TON @ $113.44 = $64,660.80
5. Striping and Pavement
Markings
a. Detail 9 1800 LF @ $1.00 = $1,800
b. Detail 22 200 LF @ $3.10 = $620
c. Detail 27c 180 LF @ $5.15 = $927
d. Detail 29 100 LF @ $7.00 = $700
e. Detail 37 80 LF @ $1.50 = $120
f. Detail 38 600 LF @ $1.65 = $990
g. Detail 39 240 LF @ $1.25 = $300
h. Pavement Markings
(Yellow Thermoplastic)
1600 SF @ $6.25 = $10,000
i. Pavement Markings
(White Thermoplastic)
600 SF @ $7.10 = $4,260
j. Red Curb 1300 SF @ $3.00 = $3,900
BASE BID $171,277.80
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 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, ove r 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.
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.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to
execute this Agreement the day and year first written above.
ATTEST:
CITY OF SAN RAFAEL:
Lindsay Lara
City Clerk
Jim Schutz
City Manager
APPROVED AS TO FORM:
CONTRACTOR:
Rob Epstein
City Attorney
By: ____________________________________
[Print Name of Corporate Officer]
_________________________________________
[Title of Corporate Officer]
and
_____________________________________
By: _____________________________________
[Print Name of Corporate Officer]
_________________________________________
[Title of Corporate Officer]