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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