HomeMy WebLinkAboutCC Resolution 13125 (Woodland Ave. Sidewalk Impr.)RESOLUTION NO. 13125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING A CONTRACT FOR THE WOODLAND AVENUE SIDEWALK
IMPROVEMENTS FOR LAUREL DELL SCHOOL, A SAFE PATHWAYS TO
SCHOOLS PROJECT, PROJECT NO. 11124, TO GHILOTTI BROTHERS, INC., IN
THE AMOUNT OF $164,669.00
WHEREAS, on the 17`h day of March, 2011, 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:
"Woodland Avenue Sidewalk Improvements for Laurel Dell School, a Safe Pathways to
School Project"
Project No. 11124
in accordance with the plans and specifications therefore on file in the office of said City Clerk;
and
WHEREAS, the bid of Ghilotti Brothers, 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael,
that the bid of Ghilotti Brothers, Inc. is hereby accepted at said unit prices and that the contract
for said work and improvements is hereby awarded to Ghilotti Brothers, Inc at the unit prices
mentioned in said bid.
IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and
the City Clerk of said City be authorized and directed to execute a contract with Ghilotti
Brothers, Inc, in a form approved by the City Attorney, for said work and to return the bidders
bond upon the execution of said contract.
RESOLVED, FURTHER, that the Public Works Director 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
Council of said City held on the 4`h day of April, 2011 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No.: 18.10.16
City of San Rafael ♦ California
Form of Contract Agreement
for
Woodland Avenue Sidewalk Improvements for
Laurel Dell School, Prosect No. 11124
This Agreement is made and entered into this 4th day of April, 2011 by and between the City of San
Rafael (hereinafter called City) and Ghilotti Brothers, 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 shown on the plans and described in the specifications for the project
entitled: Woodland Avenue Sidewalk Improvements for Laurel Dell Elementary School, Project No.
11124, 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 Contractor under this contract shall be primary with respect to any other insurance available to
the City.
II - Time of Completion
(a) The work to be performed under this Contract shall be commenced within SEVEN (7) CALENDAR
DAYS after the date of written notice by the City to the Contractor to proceed.
(b) "Notice to Proceed" will signify the beginning of the work.
(c) All work shall be completed within 30 WORKING DAYS for the base bid items, 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
calendar 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 $500 for each and every calendar day's delay in finishing the work in excess of the
number of calendar 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.
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Government Code. Such securities, if deposited by the Contracor, 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) The Contractor shall provide a "Defective Material and Workmanship Bond" for 500?10 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 frilly 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.
ATTEST:
Esther C. Beirne
City Clerk
APPROVED AS TO FORINT:
Robert F. Epstein
City Attorney
File No.: 18.10.16
CI'TAY OF SAN RAFAEL:
Nader Mansourian
Public Works Director
CONTRACTOR: GHILOTTI BROS., INC.
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