HomeMy WebLinkAboutCC Resolution 12973 (SRTS Happy Lane)RESOLUTION NO. 12973
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING A CONTRACT FOR THE SAFE ROUTES TO SCHOOL (SRTS) HAPPY
LANE PEDESTRIAN IMPROVEMENTS PROJECT, CITY PROJECT NO. 11121,
FEDERAL PROJECT NO. SRTSL-5043(028), TO GHILOTTI BROTHERS, INC., IN
THE AMOUNT OF $123,000.00.
WHEREAS, on the 2"d day of June, 2010, 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:
"Safe Routes to School (SRTS) Happy Lane Pedestrian Improvements Project"
Project No. 11121
in accordance with the plans and specifications therefore on file in the office of said City Clerk;
and
WHEREAS, the work designed on the Safe Routes to School (SRTS) Happy Lane
Pedestrian Improvement Project Contract Documents is eligible to be funded utilizing Safe
Routes to School (SRTS) funds; 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 City Manager 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 Director of Public Works 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 7`h day of June, 2010 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
G � se -'f 'r".'
ESTHER C. BEIRNE, City Clerk
File No.: 18.10.13
r
City of San Rafael ♦ California
Form of Contract Agreement
for
Safe Routes to School (SRTS) Happv Lane Pedestrian Improvements Proiect
Citv Proiect No. 11121
Federal -Aid Proeict No. SRTSL-5043(0281
This Agreement is made and entered into this 7`h day of June, 2010 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: Safe Routes to School (SRTS) Happy Lane Pedestrian Improvemnets Project, City Project
No. 11121, Federal -Aid Project No. SRTSL-5043(028), 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 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 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 2 -week lead period to obtain materials.
However, no field work shall commence until delivery of the materials.
(c) All work shall be completed within 35 CALENDAR DAYS. and after the 2 -week lead period for
acquisition of materials, and with such extensions of time as are provided for in the General
Conditions.
(d) This project is anticipated to commence on June 21, 2010, and the project completed by August 9,
2010.
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
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for the actual number of units that are incorporated in or made necessary by the work covered by the
Contract.
ITEM
UNIT
ITEM
NO.
ITEM
QTY
UNIT
PRICE
TOTAL
1
Mobilization (3% max of total bid amount)
1
LS
$3,680.00
$3,680.00
2
Traffic Control
1
LS
$10,130.50
$10,130.50
3
Asphalt Concrete
1,465
SF
$12.00
$17,580.00
4
Type A Curb and Gutter
615
LF
$34.00
$20,910.00
5
Concrete Sidewalk
3,850
SF
$7.50
$28,875.00
6
Driveway Approach
325
SF
$11.50
$3,737.50
7
ADA Compliant Curb Ramp
6
EA
$1,800.00
$10,800.00
8
ADA Compliant Curb Ramp Retrofit
5
EA
$330.00
$1,650.00
9
Miscellaneous Concrete Flatwork (Pathways/Stair
125
SF
$16.00
$2,000.00
Landings)
10
Remove Pavement Markings
607
SF
$2.00
$1,214.00
11
Install Pavement Markings
482
SF
$3.50
$1,687.00
12
Paint Curb Red
120
LF
$1.00
$120.00
13
Install Sign and Post
6
EA
$325.00
$1,950.00
14
Remove Sign and Post
2
EA
$75.00
$150.00
15
Catch Basins (Type A)
2
EA
$3,300.00
$6,600.00
16
Channel Drains
54
LF
$204.00
$11,016.00
17
Adjust Facilities to Grade
6
EA
$150.00
$900.00
Grand
Total
$123,000.00
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) 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.
(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
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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.
V1 - 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 50°'0 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
throLlgh 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.
ATTEST:
,4,257� C • � Pica
Esther C. BeirrLe
City Clerk
APPROVED AS TO FORM:
�,- ) 5q��,
Robert F. Epstein
City Attorney
CITY OF SAN RAFAEL:
I en ordhoff
City Ma ager
CONTRACTOR:
for GBIi,O B 'OS.,IIITG
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