HomeMy WebLinkAboutCC Resolution 11391 (Miracle Mile Rehab; Ghilotti Bros)RESOLUTION NO. 11391
RESOLUTION AWARDING THE CONTRACT FOR FOURTH STREET
MIRACLE MILE REHABILITATION, CITY PROJECT NO. 10752-02,
FEDERAL PROJECT NO. STPL 5043-(018)," TO GHILOTTI BROS.,
INC., FOR THE ALTERNATE BID IN THE AMOUNT OF $506,805.40.
WHEREAS, on the 24th day of July, 2003, pursuant to due and legal notice published in
the manner provided by law, inviting sealed bids for 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: "FOURTH STREET MIRACLE MILE REHABILITATION" CITY PROJECT
NO. 10752-02, FEDERAL AID PROJECT NO. STPL 5043-(018) in accordance with the
plans and specifications therefore on file in the office of said City Clerk; and
WHEREAS, the bid of Ghilotti Bros., Inc. at the unit prices stated in its Alternate Bid
was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder.
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the
Alternate bid of Ghilotti Bros., Inc. and the same is hereby accepted at said unit prices and that
the contract for said work and improvements be and the same is hereby awarded to said Ghilotti
Bros., Inc. at the unit prices mentioned in said Alternate Bid.
RESOLVED FURTHER, that the Mayor of said City be authorized and directed to
execute a contract with Ghilotti Bros., Inc. for said work and to return the bidders bond upon
the execution of said contract.
�4 AL ��
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, JEANNE M. LEONCINI, City 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 1 day of August, 2003, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IZZEM. LEONCINI, City Clerk
File No. 16.01.215
City of San Rafael • California
Form of Contract Agreement
for
Fourth Street Miracle Mile Rehabilitation
This Agreement is made and entered into this 4th day of August, 2003 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:
II - 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: Fourth Street Miracle Mile
Rehabilitation, 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.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within 5
calendar days after the date of written notice by the City to the Contractor to
proceed. However, no field construction shall occur until all traffic signal
hardware, including poles, mast arms, signal heads, and controller are within the
possession of the contractor.
(b) The work shall be completed within 30 working days after the date of such notice,
and with such extensions of time as are provided for in the General Conditions.
IIII - 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 $ 500 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.
AGREEMENT • 1
b Y.,
ITEM IS
NO.
1
2
3
4
5
6
7
8
9
10
ITEM
.a .
1 Mobilization
Rubberized Asphalt Concrete Type G
Asphalt Concrete Leveling Course
Type A
Crack Sealing
Pavement Patching
Cold Planing
Adjust Manhole Casting to Grade
Adjust Rodholes and Monuments
Castings to Grade
Striping and Pavement Marking
Traffic Control
UNIT
NIT
ITEM
I QT I
PRICE, $
TOTAL, $
LS
1
40,000.00
40,000.00
TON
4,200
79.65
334,530.00
TON
1,072
52.70
56,494.40
LS
1
6,000.00
6,000.00
SY
170
35.00
5,950.00
SY
8,663
2.00
17,326.00
EA
40
300.00
12,000.00
EA
21
275.00
5,775.00
LS
1
18,570.00
18,570.00
LS
1
10,160.00
10,160.00
506,805.40
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 Government 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.
AGREEMENT • 2
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 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.
(d) 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.
ATTEST: CITY OF SAN RAFAEL:
J rne MLeoncini �) A ert B o
City Clerk Mayor
APP A ,FOR CONTRACTOR:
ary T. Raggh' r}
City Attorney for
AGREEMENT • 3
CONTRACTOR'S BOND
FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS
That we GHILOTTI BROS., INC.
TRAVELERS CASUA- i Y AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
BOND NO. 103945714
PREMIUM: $3,244.00
"BOND ISSUED IN DUPLICATE"
as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation organized under
the laws of the State of Connecticut and duly authorized under the laws of the State of California to become sole
surety on bonds and undertakings, as Surety, are held and firmly bound unto,
CITY OF SAN RAFAEL
111 MORPHEW STREET
SAN RAFAEL, CA. 94915-1560
as Obligee,
in the full and just sum of FIVE HUNDRED SIX THOUSAND EIGHT HUNDRED FIVE DOLLARS AND 40/100THS--
Dollars, ($506,805.40.00), lawful money of the United States of America, to be paid to the said Obligee, successors
or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors,
administrators and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated day of 4TH , AUGUST, 2003
THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a contract
or is about to enter into a contract with the said Obligee for
FOURTH STREET MIRACLE MILE REHABILITATION, CITY PROJECT NO. 10752
FEDERAL AIR PROJECT NO. STPL 5043 (018)
as is more specifically set forth in said contract, to which contract reference is hereby made.
NOW, T HEREFORE, i f t he s aid P rincipal s hall w ell a nd t ruly d o t he s aid w ork, a nd f ulfill a ach a nd every of the
covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the
above obligation to be void, otherwise to remain in full force and virtue.
GHILOTTI BROS., INC.ho,�4
BY: r l�/'
MICHAEL M. GHIDOTTI( PRESIDENT/TREASURER
TRAVELERS CASUALTY//AND SURETY COMPANY OF AMERICA
�, " �k, ( 6 /) 1--7
By
ILLY HOLTEMANN, ATTORNEY-IN-FACT
S-2359-1 (07-97)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Marin
On o—�—�3 __.before me, Patricia Wilson, Notary Public
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared Michael M. Ghilotti ---------------------
Name(s) ,f Signer(s)
N personally known to me
❑ proved to me on the basis of satisfactory
evidence
COTlrnic3i0n 0 1 '853&9
Z fix; d Notary Pulpit - Califomia Z
Marin County
Oo n. Fxpilr_% Jul 19, 20WJ
�""c'j'"5„Sr,p,,;;!r•-•:fs •rd+xa�:n�F'J'•n:.cn�g7�;.3
to be the persorY4 whose nameQ§) ism
subscribed to the within instrument and
acknowledged to me that he?MKey executed
the same in his/imE&mbc authorized
capacity(t§J, and that by his rrjtkq{r
signaturefg) on the instrument the personk), or
the entity upon behalf of which the personal
acted, executed the instrument.
WITNESS my hand and official seal.
Signatureof Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �_a �rd'
Document Date: A_)J e,( Number of Pages: Cy)-e—
Signer(s) Other Than Named Above: NIS
Capacity(ies) Claimed by Signer
Signer's Name: Michael M. Ghilotti
❑ Individual
JE] Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
President/Treasurer
Ghilgtti Bros., Inc.
RIGHT THUMBPRINT
OF SIGNER
:t
01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Tall -Free 1-800-876-6827
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM C)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: City of San Rafael, County of Marin, its elective of appointive
boards, commissions, officers, agents & employees
AS PER WRITTEN CONTRACT
JOB: Fouth Street Miracle Mile Rehabilitation, GBI #03431
If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your work"
for that insured by or for you.
It is further agreed that such insurance as is afforded by this policy for the benefit of the
Additional Insured shown shall be primary insurance, and any other insurance maintained by
the Additional Insured shall be excess and non-contributory, but only as respects any claim, loss
or liability arising out of the operations of the Named Insured, and only if such claim, loss or
liability is determined to be solely the negligence or responsibility of the Named Insured. This
coverage is limited to "your work" completed within the policy period.
"Insureds are advised that certificates of insurance should be used only to provide
evidence of insurance in lieu of an actual copy of the applicable insurance policy.
Certificates should not be used to amend, expand, or otherwise alter the terms of
the actual policy.
ICO2260501