Loading...
HomeMy WebLinkAboutCC Resolution 13911 (ADA Curb Ramps 2014-15 Project)RESOLUTION NO. 13911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE ADA -DOJ CURB RAMPS 2014-2015 PROJECT, CITY PROJECT NO. 11249, TO COASTSIDE CONCRETE IN THE AMOUNT OF $269,890.00. WHEREAS, on the 91h day of March, 2015, 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: "ADA/DOJ Curb Ramps 2014-2015 Project" City Project No. 11249 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Coastside Concrete 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; and WHEREAS, there are sufficient funds in the Gas Tax Fund #206 to support this contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of Coastside Concrete is hereby accepted at said unit prices and the contract for said work and improvements is hereby awarded to Coastside Concrete at the unit prices mentioned in said bid. 2. The Acting Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with Coastside Concrete in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. 3. Funds totaling $315,000.00 will be appropriated for City Project No. 11249. 4. The Acting 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 City Council of said City held on Monday, the 20`h day of April, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin and Vice -Mayor McCullough NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Phillips ESTHER C. BEIRNE, City Clerk File No.: 16.01.275 City of San Rafael ♦ California Form of Contract Agreement for ADA/DOJ Curb Ramns 2014-2015 Citv Proiect No. 11249 This Agreement is made and entered into this ,;WJ/! day of )APRIL- , 2015 by and between the City of San Rafael (hereinafter called City) and Coastside Concrete (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 described in the plans and specifications for the project entitled ADA/DOJ Curb Ramps 2014-2015, City Project 11249, 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 required additional insured coverage for City under Contractor's liability insurance policy shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance for any contribution. 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) All work shall be completed, including all punchlist work, within THIRTY-FIVE (35) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. III - 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 $1,900 for each and every working 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. ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL QUANTITY PRICE Signs and Traffic Control 1' I LS n (Includes Mobilization) $10,000 = $10,000 2. Clearing and Grubbing 1 LS @ $13,000 = $13,000 3. Minor Concrete — Minor Structures a. Type A Curb and Gutter 205 LF a $50 = $10,250 b. 4" PCC Sidewalk** 820 SF @ $12 = $9,840 c. Curb Ramp Case C 16 EA @ $5,000 = $80,000 ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL QUANTITY PRICE d. Type E Catch Basin 5 EA to, $$7,500 = $37,500 e. Cap Existing Catch Basin (Per Detail #3) 2 EA @? $3,500 - $7,000 f. Modify Existing Catch Basin to Type E Catch Basin 4 EA "' $3,500 $14,000 g. Modified Type B Manhole (Golden Hinde Blvd at Del Haro Way - NW Corner) 1 E`4 `' $7,500 $7,500 h. Modified Type B Manhole (Devon Dr At Anchorage Ct-SW Corner) 1 EA @ $7„500 - $7,500 i. Modified Type B Manhole (Devon Dr at Dias Way - SW Comer 1 EA n $7,500 - $7,500 j. Modified Type B Manhole (Devon Dr At Malone Ln - SW Corner) 1 EA a $7,500 = $7,500 h. Modified Type B Manhole (Devon Dr At Wallace Way- NW Corner) 1 EA @ $7,500 = $7,500 4. Hot Mix Asphalt 130 TON a $250 = $32,500 5. Storm Drain Pipe 40 LF a $250 = $10,000 6. Roadside Sign and Post 3 EA @ $500 = $1,500 7. Traffic Stripes and Pavement Markings a. Pavement Markings 180 SF @ $25 - $4,500 b. Paint Curb Red 230 LF @ $10 $2,300 ** This bid item shall be a final pay item GRAND TOTAL BIDS 269,890.00 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 95% 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. 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) 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 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: CITY OF SAN RAFAEL: Kevin McGowan Acting Public Works Director COASTSIDE CONCRETE: L By Robert F. Epstein Printed Name: City Attorney Title: File No.: 16.01.275 Bond No. 1001030746 Premium: $ 5,408.00 Public Works -Performance KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE, as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CALIF as Surety, are held and firmly bound unto CITY OF SAN RAFAEL, as Obligee, in the sum of TWO HUNDRED TWO HUNDRER SIXTY NINE THOUSAND EIGHT HUNDRED NINETY ($269,890.00), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated APRIL 2 0. 2 n i S with said Obligee to do and perform the following work, to wit: ADA/DOJ CURB RAMPS 2014-2015 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, "the works under the contract,” then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 29TH day of APRIL, 2015 COASTSIDE CONCRETE AMERICAN CONTRACTORS INDEMNITY COMPANY Principal By CINDY BETH Attorney-in-Fact American Contractors Indemnity Company 601 S. Figueroa Street, Suite 1600, Los Angeles, California 90017 main 310 649 0990 facsimile 310 649 0416 Public Works Payment Bond No. Premium: PERF. BOND KNOW ALL MEN BY THESE PRESENTS, That we, COASTSIDE CONCRETE , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CALIF as Surety, are held and firmly bound unto CITY OF SAN RAFAEL as Obligee, in the sum of TWO HUNDRED SIXTY NINE THOUSAND EIGHT HUNDRED NINETY Dollars ($269,890.00), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated APRIL 20, 2015 with said Obligee to do and perform the following work, to wit: ADA/DOJ CURB RAMPS 2014-2015 NOW, THEREFORE, if the above -bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in ful force and effect. Signed, sealed and dated this 29TH COASTSIDE CONCRETE Principal By day of APRIL 1 2015 AMERICAN CONTRACTORS INDEMNITY COMPANY CINDY BETH Attorney -in -Fact POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS- That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name_ of American Contactors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance 'Company, a Texas corporation (collectively, the "Companies"), do by these -presents make, constitute and appoint: James Schieffer or Cindy Beth of Healdsburg, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more thanone is teamed above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge andeliver ani auk a bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****One Million***** Dollars ($ ***1,000,000.00*** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved that the President, any Vice -President, any AssistanLYce-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or -more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subjeat-tti the followm$ provisions-- Attorney-in-Fact rovisions:Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Re it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile and any power of attorney or certificate bearing facsimile signature orTacsimile seal shall be valid and binding upon the Company with respect to Any bond or -undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the docurnient to which this certificate is attached, and not the truthfulness, accuracy, orvalidityofthat document State of California County of Los Angeles SS: On this 1 st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged tome that he exe autell the same in his authorized capacity, and that by his s gnaw- re on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGUM ONG Commission # 2019771 Signature Seal Notary Public California Dec 20, 2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affi d the seals of said Companies at Log Angeles, California his 2---qT day of APRIL 2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF Cr—(i 4arr+; c - COUNTY OF So no,r-0, On �-I (3 0 I I S before me, Ja r,,rS s� c , .moo v`-� Pti 6 /i personally appeared who proved ' to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAMES SCHIEFFER,, r COMM. #1956111 m NOTARY PUBLIC - CALIFORNIA W SONOMA COUNTY -� r My Comm. Expires Nov. ■S, 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES y hand a='a {Sign of Notary Pub- P 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 I Completion I Department Date 1 City AttorneyI 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 4 City Attorney Ordinance*). Review and approve form of agreement; bonds, and insuran a cues and z: endorsements.* 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head I official. 6. City Clerk City Clerk attests signatures, retains original !a:, 13, agreement and forwards copies to the I I-, I , S contracting department. To be completed by Contracting Department: Protect Manager: ... .'�.Project Name:,1,J Agendized for City Council Meeting of (if 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 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. V DATE OF MEETING: April 20, 2015 FROM: DEPARTMENT: DATE Leslie Blomquist Public Works April 8, 2015 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE ADA -DOJ CURB RAMPS 2014-2015 PROJECT, CITY PROJECT NO. 11249, TO COASTSIDE CONCRETE IN THE AMOUNT OF $269,890.00. Department Head (sigbature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature) File No.: 16.01.275