Loading...
HomeMy WebLinkAboutPW Freitas Park Renovations Phase II ProjectC,Ty of n Agenda Item No: 7 n. 1 "o - � MEETING DATE: MARCH 21. 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Pub�rks i�� Prepared by: City Manager Approval: 1 Public Works Director (LB) File No.: 22.04.42 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE FREITAS PARK RENOVATIONS PHASE II, PROJECT NO. 10732, TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $167,287.00 (BASE BID AND BID ALTERNATIVE 1). RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the contract to Ghilotti Brothers, Inc. in the amount of $167,287.00 for the base bid and bid alternative 1. Staff does not recommend awarding a contract for bid alternative 2. BACKGROUND: In 2010, the City entered into an agreement with Abey Arnold Associates, Inc. to design the Freitas Park Renovations Phase II Project. Design of the project was completed in February 2011. Due to budget concerns, the project was split into a base bid and two bid alternatives which would be added to the contract to construct additional improvements if the budget allowed. On February 22, 2011 the City Council adopted resolution No. 13107 authorizing the purchase of the new playground equipment. Also on February 22, 2011, the City Council adopted the plans and specifications and authorized the City Clerk to call for bids. The project was advertised in accordance with San Rafael's Municipal Code and policies on February 25, 2011 and bids were publicly opened on March 17, 2011 at 10:00 AM and read aloud. The base bid was used for comparison of prices and award of the contract. The engineer's estimate was $115,460 for the base bid. The engineer's estimate for bid alternative 1 was $60,000 and $40,000 for bid alternative 2. The following five base bids were received: NAME OF BIDDER AMOUNT Ghilotti Brothers, Inc. $110,282.00 Fieldstone Construction Co. $110,570.00 McNabb Construction $112,966.00 Community Playgrounds $133,302.00 Maggiora & Ghilotti, Inc. $135,704.00 The bid alternative amounts for the low bidder (Ghilotti Brothers, Inc.) were: FOR CITY CLERK ONLY File No.: U _( %-.2-q Council Meeting: ai�) d.)0(1 Disposition: 1CCt�0/_L' t / C/J 0- SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaLye: 2 Bid Alternative 1 Bid Alternative 2 $57,005.00 $41,501.00 ANALYSIS: The city has received both grants and donations totaling $251,906.00 for this project. One of the project grants (2002 State Resources Bond Act) must be utilized by the end of June, 2011 or the money will be lost. The base bid from Ghilotti Brothers, Inc. was $110,282.00 and falls within the allocated project budget. The addition of bid alternative 1 of $57,005.00 also falls within the allocated funding budget. Addition of bid alternative 2 does not fall within the budget. FISCAL IMPACT: To date, a total of $16,700.00 has been charged to this project for the project design. The remaining project costs include plan and specification reproduction costs, purchase of the base bid playground equipment, construction work to be performed by Ghilotti Brothers, Inc. and a 14% construction contingency, resulting in a remaining project cost of $235,206.00 and a total project cost of $251,906.00. The following table summarizes the costs which are associated with this project: Category -Eden Expense Code Amount Note(s) Already Charged Expenses 2002 State Resources Bond Act $103,077.00 Neighborhood Contributions $16,700.00 Design Remaining Expenses Total Available Funds $251,906.00 Construction -02 $110,282.00 Base Bid Contract Amount $57,005.00 Bid Alternative 1 Contract Amount $23,593.00 Contingency (approximately 14%) Supplies & Services -07 $1,500.00 Reproduction of Plans & Specifications $42,826.00 Playground Equipment — Base Bid Remaining Expenses SubTotal $235,206.00 Total Project Cost $251,906.00 _ We therefore request that the Council approve a total project cost of $251,906.00 from the following funding sources: Source Amount Note(s) Parkland Dedication Funds $107,695.00 2002 State Resources Bond Act $103,077.00 Neighborhood Contributions $16,134.00 Kaiser Donation $25,000.00 Total Available Funds $251,906.00 OPTIONS: The Council can choose not to award the contract and direct Staff to rebid the project. If the project is rebid, loss of the 2002 State Resources Bond Act is likely. ACTION REQUIRED: Adopt Resolution awarding contract to Ghilotti Brothers, Inc. in the amount of $167,287.00. Enclosures 1. Resolution 2. Agreement RESOLUTION NO. 13120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE FREITAS PARK RENOVATIONS PHASE II, PROJECT NO. 10732, TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $167,287.00 (BASE BID AND BID ALTERNATIVE 1). WHEREAS, on the 17th 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: "Freitas Park Renovation Phase II" Project No. 10732 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 21" day of March, 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.: 22.04.42 City of San Rafael ♦ California Form of Contract Agreement for Freitas Park Renovation Phase II. Proiect No. 10732 This Agreement is made and entered into this 21" day of March, 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: Freitas Park Renovation Phase II, Project No. 10732, 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 FIVE (5) 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, within 10 ADDITIONAL WORKING DAYS for the bid alternative 1 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 $690 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 detennined 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. ITEM NO. ITEM BASE BID 1 Mobilization (Not to exceed 5% of Total Base Bid) 2 Demolition 3 Earthwork UNIT ITEM QTY UNIT PRICE, TOTAL 1 LS $207.00 $207.00 1 LS $3,400.00 $3,400.00 1 LS $7,000.00 $7,000.00 Page 1 4 Drainage 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 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. Page 2 a. 6 inch diameter HDPE 85 LF $50.00 $4,250.00 b. Drainage Inlet I EA $2,000.00 $2,000.00 5 Minor Concrete -Minor Structures a. Concrete Containment Curb 49 LF $95.00 $4,655.00 b. Concrete Paving 1450 SF $14.00 $20,300.00 c. Concrete Curb at ADA Ramp 24 LF $100.00 $2,400.00 d. Concrete Ramp 60 LF $60.00 $3,600.00 6 Metal Hand Railing_ 1 LS $1,940.00 $1,940.00 7 Deliver and Install Play Structure & Furnishings a. Install Structure 1 EA $5,000.00 $5,000.00 b. Install Picnic Tables I EA $2,000.00 $2,000.00 c. Install Benches 2 EA $1,400.00 $2,800.00 d. Install Drinking Fountains 1 EA $2,500.00 $2,500.00 8 Playground Surfacing 1550 SF $19.00 $29,450.00 9 Landscaping and Irrigation 1 LS $18,780.00 $18,780.00 SUBTOTAL BASE BID $110,282.00 BID ALTERNATIVE 1 1.1 Earthwork I LS $2,000.00 $2,000.00 1.2 Drainage a. 6 inch diameter HDPE 80 LF $50.00 $4,000.00 b. Drainage Inlet 1 EA $2,000.00 $2,000.00 1.3 Minor Concrete -Minor Structures a. Concrete Containment Curb 31 LF $95.00 $2,945.00 b. Concrete Paving 307 SF $14.00 $4,298.00 c. Concrete Steps 1 LS $5,500.00 $5,500.00 d. Concrete Curb Adjacent to Steps 14 LF $90.00 $1,260.00 1.4 Metal Hand Railing 1 LS $1,360.00 $1,360.00 1.5 Purchase and Install Play Structure & Furnishings a. Structure (Apollo Climbing Structure) 1 EA $19,000.00 $19,000.00 b. Install Picnic Tables 1 EA $2,000.00 $2,000.00 c. Install Benches 2 EA $1,400.00 I $2,800.00 1.6 Playground Surfacing 518 SF $19.00 $9,842.00 SUBTOTAL BID ALTERNATIVE 1 I $57,005.00 Grand Total I $167,287.00 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) As soon as possible after the preparation of the estimate, 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. Page 2 (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 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 perfonned, 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 terns 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% 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 terns 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 FORM: Robert F. Epstein City Attorney CITY OF SAN RAFAEL: Nader Mansourian Public Works Director CONTRACTOR: GHILOTTI BROS., INC. MICHAEL M!�OM FSED—E 1Ti'/l'ARnerrorn Page 3 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. Job: Freitas Park Renovation Phase 11, Project No.10732 / GBI #11406 "Ten day notice would be sent on non payment. 30"X97838(04/08)/97837(04/08)/90633(LF)/SPECIAL CERTIFICATE HOLDER rANCELLATION SANRAF4 SHOULD ANYOF THEA13OVE DESCRIBED POLICIES 13E CANCELLED 13EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1"I'VE OR *8 MAIL 30• DAYS WRITTEN City of San Rafael NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 06 61 IAI 1 County of Marin, its officers, agents & employees PO Box 151560 AUTHORIZED REPRESENTATIVE ISan Rafael. CA 94915 AAAA —` ACORD 26 (2009101) ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GHILO-1 OP ID: SG ACORO" �.� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) I $ 03/25/11 PRODUCER 707-782-9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Don Ramatici Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 551 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR $ ALTER THE COVERAGE AFFORDED BY THE POL CIES BELOW. Petaluma, CA 94953 (Per accident) Paul Ramatici T Ded. $1000 APD INSURERS AFFORDING COVERAGE NAIC # INSURED Ghllotti Bros. Inc. INSURER National Union Fire Ins. of PA 19445 525 Jacoby Street San Rafael, CA 94901 I INSURER B. Granite State Insurance Co. 23809 I INSURER c! Everest National Insurance Co. 10120 INSURER o: Continental Insurance Company 35289 I INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE DING INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD'L LTR IM TYPF OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDDIYYYYI DATE IMMIDDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X X COMMERCIAL GENERAL LIABILITY 4581591 GE TO 10/01/10 10/01/11 I PREMISES EeENTFU occurencet $ 100,00 = CLAIMS MADE FKOCCUR I MED EXP (Arty one person) S 5,00 X Bird Form PD $10,000 PD DED - PER OCC I PERSONAL 8 ADV INJURY $ 2,000,00 X CntrctllXCU Incl. INDEP. CONTRACTORS INCL. I GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. I PRODUCTS - COMP/OP AGG $ 4,000,00 7 POLICY n PF ° F Loc Empl Liab 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,00 B X ANY AUTO 8263687 10101/10 10101/11 (Ea accident) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. Job: Freitas Park Renovation Phase 11, Project No.10732 / GBI #11406 "Ten day notice would be sent on non payment. 30"X97838(04/08)/97837(04/08)/90633(LF)/SPECIAL CERTIFICATE HOLDER rANCELLATION SANRAF4 SHOULD ANYOF THEA13OVE DESCRIBED POLICIES 13E CANCELLED 13EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1"I'VE OR *8 MAIL 30• DAYS WRITTEN City of San Rafael NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 06 61 IAI 1 County of Marin, its officers, agents & employees PO Box 151560 AUTHORIZED REPRESENTATIVE ISan Rafael. CA 94915 AAAA —` ACORD 26 (2009101) ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) _ X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) T Ded. $1000 APD PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S 10,000,00 C _j�] OCCUR EICLAIMSMADE 71C7000463101 10/01/10 10/01/11 I AGGREGATE S 10,000,00 $ DEDUCTIBLE I $ X RETENTION S 10,000 S WORKERS COMPENSATION X I WC STATU- I I OTH- TORY LI R A AND EMPLOYERS' LIABILITY YIN 014770860 10101/10 10/01 /11 I E L EACH ACCIDENT $ 1+000,00 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? in NH) I E L DISEASE - EA EMPLOYEE $ 1,000,00 (Mandatory n es. describe under 1,000,ond SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMB S OTHER D Installation Fltr IM2090343606 10/01/10 10/01/11 At Site 100,00 Direct Phys. Loss Deduct 2,50 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Operations of the Named Insured for the Certificate Holder. Job: Freitas Park Renovation Phase 11, Project No.10732 / GBI #11406 "Ten day notice would be sent on non payment. 30"X97838(04/08)/97837(04/08)/90633(LF)/SPECIAL CERTIFICATE HOLDER rANCELLATION SANRAF4 SHOULD ANYOF THEA13OVE DESCRIBED POLICIES 13E CANCELLED 13EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1"I'VE OR *8 MAIL 30• DAYS WRITTEN City of San Rafael NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 06 61 IAI 1 County of Marin, its officers, agents & employees PO Box 151560 AUTHORIZED REPRESENTATIVE ISan Rafael. CA 94915 AAAA —` ACORD 26 (2009101) ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I^ This endorsement, effective 12;01 A.M policy No. 4581591 by National Union Fire Ins. Co. of PA ENDORSEMENT 10101/10 forms a part of issued to Ghilottl Bros., Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: As Required by Written Contract or Agreement (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION II —WHO IS AN INSURED 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 ongoing operations performed for that additional insured. B. With respect to the insurance afforded to these additional insureds, SECTION I - COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after; (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or, (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. 97838 (4/08) Includes copyrighted material of Insurance Services office, Inc., with Its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 10101/10 forms a part of Policy No. 4581591 issued to Ghilotti Bros., Inc. by National Union fire Ins. Co. of PA ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: As Required by Written Contract or Agreement LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II -WHO IS AN INSURED 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" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". All other terms and conditions remain unchanged. 97837 (4/08) Includes copyrighted material of Insurance Services Office, Inc., with Its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M. 10/01/10 forms part of Policy No. 4581591 issued to Ghilotti Bros., Inc. by National Union Fire Ins. of PA PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph Is added to SECTION II —WHO IS AN INSURED and applies only to persons or organization we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products -completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the similar Insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. 90533 (3/06) CITY OF SAN RAFAEL MAYOR Albert J. Bora Department of COUNCIL MEMBERS Greg Brockbank 10 Public Works Damon Connolly Barbara Heller Marc Levine INSURANCE REQUIREMENTS SHEET SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City, carry workers' compensation insurance, public liability insurance and property damage insurance. The public liability insurance and property damage insurance shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Public Liability: Not less than $1,000,000 per person and $5,000,000 for one occurrence. Pronertv Damage: Not less than $1,000,000 for one occurrence. The required insurance may be provided by a separate policy insuring the City and County, its elective and appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already has insurance, he may provide the City with the required insurance by submitting a certificate of insurance and a standard form of additional insured endorsement. For this latter purpose, the City will accept the following: "IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, Freitas Park Renovation Phase II, Proiect No. 10732 between the City of San Rafael and Ghilotti Brothers, Inc. for the work and the improvements described therein." The contractor shall provide satisfactory evidence to the City that the required liability insurance is primary and excess of any other insurance available to the City. Evidence of satisfactory insurance must be furnished to the City at the time of the execution of the Public Works contract together with evidence that the insurance carrier will not cancel or reduce the coverage of the policy without first giving the City at least thirty (30) days prior notice. Such notice shall be sent to: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS 111 Morphew Street SAN RAFAEL, CA 94901 CITY OF Mayor Albert J. Boro Council Members Greg Brockbank Damon Connolly Barbara Heller Marc Levine PUBLIC WORKS - ADMIN/ENGINEERING: (415) 485-3355 FAX: (415) 485-3334 FAXED, E-MAILED AND MAILED February 22, 2011 P. O. No. 00449 File No: 22.04.42 Acct. # 2070419 Independent Journal P. O. Box 6150 Novato, CA 94949 FAX NO: 382-1535 Attn: Donna Lazarus Re: NOTICE INVITING SEALED PROPOSALS - FREITAS PARK RENOVATIONS PHASE II PROJECT NO: 10732 Enclosed is one copy of Notice Inviting Sealed Proposals for Public Works entitled: "FREITAS PARK RENOVATIONS PHASE II". Please publish the enclosed notice on February 25, 2011 and furnish us with Galley Proof and Proof of Publication in duplicate. Thank you for your cooperation in this matter. Sincerely yours, Kevin McGowan Assistant Public Works Director/City Engineer KM:dw Enclosure (1) cc: Esther C. Beirne, City Clerk (2 copies-w/encls.) Project Engineer (w/encl.) Secretaries (2) (w/encl.) 111 Morphew Street, P. O. Box 151560, San Rafael, CA 94915-1560 CITY OF SAN RAFAEL - DEPARTMENT OF PUBLIC WORKS NOTICE INVITING SEALED PROPOSALS FOR PUBLIC WORKS Notice is hereby given that the City of San Rafael Department of Public Works will receive bids for furnishing all labor, materials, equipment and services for FREITAS PARK RENOVATIONS PHASE II PROJECT NO. 10732 Project Description: This project consists of all the associated work described in the attached specifications and plans and the provisions of this document for excavation, removal of existing landscaping and the installation of a new play structure, concrete hardscape, landscaping, irrigation systems and all incidentals at Freitas Park in San Rafael, California. Each bid shall be in accordance with the plans and specifications adopted by the City of San Rafael City Council on February 22, 2011, and other contract documents, now on file with the City Clerk, City Hall, San Rafael, California; and may be examined and copies may be obtained at the Department of Public Works, 1 I I Morphew Street, P. O. Box 151560, San Rafael, CA 94901. Cost shall be Fifty Dollars ($50.00) per set, non-refundable. Cost of mailing sets shall be an additional Ten Dollars ($10.00) per set. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded to the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. Each bid shall be made out on the form to be obtained at the Department of Public Works, 1 1 I Morphew Street, San Rafael, California 94901 and shall be accompanied by cash, certified check or bidder's bond for ten percent (10%) of the amount of bid, made payable to the order of the City of San Rafael; shall be sealed and filed with said City Clerk, 1400 Fifth Avenue, City Hall, Room 209, San Rafael, California 94901 on or before March 17, 2011 at 10:00am. The City reserves the right to reject any or all bids or to waive any informality in a bid. ESTHER C. BEIRNE City Clerk Dated: FebruarN 25. 2011 CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. -7 DATE OF MEETING: 03/21/2010 FROM: NADER MANSOURIAN ,, ORA N V, . D DEPARTMENT: PUBLIC WORKS MAR 16 2011 DATE: 03/17/2010 TITLE OF DOCUMENT: CITY ATTORNEY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE FREITAS PARK RENOVATIONS PHASE II, PROJECT NO. 10732, TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $167,287.00 (BASE BID AND BID ALTERNATIVE 1). (BID OPENING HELD ON THU SDAY, MARCH 17, 2011). Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: CityiM. agel\si nature) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature ' File No.: 22.04.42 Rrtt 1q,'r':" ;; ;- 'A APR 0 2011 CITY ATE UH!gEY PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aLyreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; 1-1 r � bonds, and insurance certificates ander'- endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: brIA-S,;�+ t, Project Name: q 1. � , Agendized for City Council Meeting of � necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. City of San Rafael ♦ California Form of Contract Agreement for Freitas Park Renovation Phase II, Proiect No. 10732 This Agreement is made and entered into this 2151 day of March, 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: Freitas Park Renovations Phase II, City Project No. 10732, 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 FIVE (5) WORKING 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, within 10 ADDITIONAL WORKING DAYS for the bid alterntaive 1 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 $690 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. 1V - 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. ITEM I UNIT ITEM NO. ITEM QTY UNIT PRICE TOTAL BASE BID 1 Mobilization (Not to exceed 5% of Total Base Bid) 1 I LS 1 $207.00 I $207.00 Page 1 ITEM UNIT ITEM NO. ITEM QTY UNIT PRICE TOTAL 2 Demolition I LS $3,400.00 $3,400.00 3 Earthwork 1 LS $7,000.00 $7,000.00 4 Drainage a. 6 inch diameter HDPE 85 LF $50.00 $4,250.00 b. Drainage Inlet 1 EA $2,000.00 $2,000.00 5 IMinor Concrete -Minor Structures Ia. Concrete Containment Curb I 49 LF $95.00 $4,655.00 Ib. Concrete Paving 1450 I SF I $14.00 I $20,300.00 c. Concrete Curb at ADA Ramp I 24 LF $100.00 $2,400.00 Id. Concrete Ramp 60 LF I $60.00 $3,600.00 6 Metal Hand Railing I I LS $1,940.00 $1,940.00 7 Deliver and Install Play Structure & Furnishings Ia. Install Structure I 1 EA $5,000.00 $5,000.00 b. Install Picnic Tables 1 EA $2,000.00 $2,000.00 c. Install Benches I 2 EA I $1,400.00 $2,800.00 Id. Install Drinking Fountains 1 I EA $2,500.00 $2,500.00 8 IPlayground Surfacing 11550 SF $19.00 $29,450.00 9 ILandscaping and Irrigation 1 I LS 1$18,780.001 $18,780.00 6 IMetal Hand Railing 1 I LS $3,400.00 $3,400.00 7 IDeliver and Install Play Structure & Furnishings I 1 $7,000.00 $7,000.00 Ia. Install Structure I 1 EA 1b. Install Picnic Tables I 1 I EA $50.00 $4,250.00 c. Install Benches I 2 EA $2,000.00 I $2,000.00 Id. Install Drinking Fountains I 1 I EA 8 IPlayground Surfacing 1 1550 SF I $95.00 1 $4,655.00 9 ILandscaping and Irrigation I 1 I LS $14.00 $20,300.00 SUBTOTAL BASE BIDI $110,282.00 BID ALTERNATIVE 1 1.1 Earthwork I 1 LS $2,000.00 $2,000.00 1.2 Drainage a. 6 inch diameter HDPE I 80 LF $50.00 $4,000.00 b. Drainage Inlet I 1 EA $2,000.00 $2,000.00 1.3 IMinor Concrete -Minor Structures Ia. Concrete Containment Curb I 31 LF $95.00 $2,945.00 1b. Concrete Paving 307 SF $14.00 $4,298.00 c. Concrete Steps I I i LS $5,500.00 $5,500.00 Id. Concrete Curb Adjacent to Steps I 14 LF $90.00 I $1,260.00 Page 2 ITEM UNIT ITEM NO. ITEM QTY UNIT PRICE TOTAL 1.4 Metal Hand Railing 1 LS $1,360.00 $1,360.00 1.5 Purchase and Install Play Structure & Furnishings a. Structure (Apollo Climbing Structure) 1 EA $19,000.00 $19,000.00 b. Install Picnic Tables 1 EA $2,000.00 $2,000.00 c. Install Benches 2 EA $1,400.00 $2,800.00 1.6 Playground Surfacing 518 SF $19.00 $9,842.00 SUBTOTAL BID ALTERNATIVE 1 $57,005.00 Grand Totall $167,287.00 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) As soon as possible after the preparation of the estimate, 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 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 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 Page 3 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. 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 FORM: Robert F. Epstein City Attorney CITY OF SAN RAFAEL: Nader Mansourian Public Works Director CONTRACTOR: for Page 4