HomeMy WebLinkAboutCC Resolution 14557 (Grand Avenue Pathway Connector Project)RESOLUTION NO. 14557
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REJECTING THE BID PROTEST FROM GHILOTTI CONSTRUCTION COMPANY
AND AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION AGREEMENT FOR THE GRAND AVENUE PATHWAY
CONNECTOR PROJECT TO VALENTINE CORPORATION IN THE AMOUNT OF
$1,776,870, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF
$241,802 FOR A TOTAL APPROPRIATED AMOUNT OF $2,018,672
WHEREAS, on the 28th day of June 2018, 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 Cit y 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:
“Grand Avenue Pathway Connector Project”
City Project No. 11173
in accordance with the plans and specifications therefore on file in the office of Public Works;
and
WHEREAS, the bid of $1,776,870.00 from Valentine Corporation 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, staff has recommended that the project budget include a contingency
amount of $241,802; and
WHEREAS, on July 12, 2018 the City received a bid protest from Ghilotti Construction
Company requesting that the low bidder be disqualified for not complying with the bid
documents related to securing Disadvantaged Business Enterprises, and
WHEREAS, city staff has made a thorough review of the low bidder’s submitted bid
information, and
WHEREAS, City staff has determined that the low bidder has made a “Good Faith
Effort” to secure Disadvantaged Business Enterprises as specified in the bid documents and
applicable law, all as more particularly set forth in the staff report to the Council for this
resolution; and therefore recommends that the bid protest from Ghilotti Construction Company
be rejected as unmeritorious; and
WHEREAS, the Council finds that this project is categorically exempt from
environmental review under the California Environmental Quality;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The plans and specifications for the Grand Avenue Pathway Connector Project,
City Project No. 11173, on file in the office of Public Works, are hereby
approved.
2. The bid protest filed by Ghilotti Construction Company, the second low bidder,
on July 12, 2018 is hereby rejected for the reasons set forth in the City Council
staff report for this resolution.
3. The bid of Valentine Corporation is hereby accepted at the unit prices stated in its
bid, and the contract for said work and improvements is hereby awarded to
Valentine Corporation, at the stated unit prices.
4. The City Manager is authorized and directed to execute the contract with
Valentine Corporation in a form attached hereto as Exhibit 1, subject to final
approval as to form by the City Attorney, and to return the bidder’s bond upon the
execution of the contract.
5. The City Council approves and appropriates Federal Funds distributed through
TAM (Transportation Authority of Marin) to cover the expenses for this project.
6. Funds totaling $1,000,000 will be appropriated for this project from the
Congestion Mitigation and Air Quality (CMAQ) grant.
7. The City Manager 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, LINDSAY LARA, 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 6th day of August 2018 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Vice Mayor Gamblin
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Phillips
LINDSAY LARA, City Clerk
AGREEMENT • 1
City of San Rafael California
Agreement for
Grand Avenue Pathway Connector Project
City Project No. 11173
This Agreement is made and entered into this _____ day of ________ 2018 by and between the City of San Rafael
(hereinafter called City) and Valentine Corporation (hereinafter called Contractor). Witnesseth, that the City and
the Contractor, for the considerations hereinafter named, agree as follows:
l - 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 specifications for the project entitled: Grand Avenue Pathway Connector
Project, City Project No. 11173, 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 Contractor further agrees
to abide by the federal minimum wage rates and Required Contract Provisions for Federal-Aid Construction
Contracts attached hereto as Attachments A and B, respectively.
lI- 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 Ninety-five (95) Working Days and with
such extensions of time as are provided for in the General Provisions.
llI - 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 impracti cable 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 $1,000 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.
lV - 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, provided that the total
compensation under this Contract shall not exceed the Grand Total Bid written below unless a written amendment is
executed by the City and the Contractor.
ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL PRICE
1 Mobilization (3% Max) (18-2) 1 LS @ $53,000.00 = $53,000
2 Signs and Traffic Control (18-3) 1 LS @ $154,725.00 = $154,725
3 Clearing and Grubbing (18-5) 1 LS @ $250,000.00 = $250,000
4 Hot Mix Asphalt (18-07) 150 Ton @ $525.00 = $78,750
5 Minor Concrete (18-8)
a. Type A Curb and Gutter 350 LF @ $98.00 = $34,300
AGREEMENT • 2
ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL PRICE
b. 4” Thick PCC Sidewalk 4,100 SF @ $11.00 = $45,100
c. 8" Thick PCC on Vehicle Bridge 1,250 SF @ $28.00 = $35,000
d. 6” Tall Retaining Curb 50 LF @ $45.00 = $2,250
e. Sidewalk Retaining Wall 165 LF @ $252.00 = $41,580
6 Cast-in-Place Concrete (18-9)
a. Bridge Approach Retaining Wall
(Sheet S1.2, Detail 2) 80 LF @ $230.00 = $18,400
b. Bridge Approach Retaining Wall
(Sheet S1.2, Detail 2A) 30 LF @ $540.00 = $16,200
c. Concrete Abutments 2 EA @ $22,000.00 = $44,000
d. Barriers and Handrailing
i. Type 26 Barrier with Handrailing 260 LF @ $350.00 = $91,000
ii. Type 732 Barrier with Handrailing 260 LF @ $320.00 = $83,200
7 Precast Abutment Piles (18-10) 12 EA @ $10,000.00 = $120,000
8 Prefabricated Pedestrian Bridge (18-11) 1 LS @ $450,000.00 = $450,000
9 Cable Railing, Posts, and Miscellaneous
Steel (18-12) 1 LS @ $21,000.00 = $21,000
10 Electrical Systems (18-13) 1 LS @ $165,000.00 = $165,000
11 Bollards (18-14) 2 EA @ $2,000.00 = $4,000
12 Roadside Signs (18-15)
a. Relocate Existing Sign to New Post 3 EA @ $135.00 = $405
13 Traffic Stripes and Pavement Markings
(18-17)
a. Detail 9 Stripe (Thermoplastic) 500 LF @ $4.25 = $2,125
b. Detail 22 Stripe (Thermoplastic) 500 LF @ $7.00 = $3,500
c. 4” White Stripe (Paint) 350 LF @ $13.00 = $4,550
d. Paint Curb Red 700 LF @ $3.75 = $2,625
e. Install 6” x 4’ Wheel Stops 16 EA @ $120.00 = $1,920
14 Landscape Improvements (18-18) 1 LS @ $2,500.00 = $2,500
15 Methacrylate Resin Treatment
a. Prepare Concrete Bridge Deck
Surface* 9700 SF @ $2.25 = $21,825
b. Treat Bridge Deck* 9700 SF @ $1.85 = $17,945
c. Furnish Bridge Deck Treatment
Material (low odor) 90 GAL @ $133.00 = $11,970
GRAND TOTAL BID: $1,776,870.00
AGREEMENT • 3
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) 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 22300 of the Public Contract 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 City 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 h is 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 City 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) requireme nts 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 there of is materially delayed through no
fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City 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.
VII - Assignment of Warranties; Waiver of Subrogation
(a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by
or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor
has installed or provided in connection with the work performed under this Agreement.
(b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation
rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the
insurer’s payment to Contractor or its subcontractors of any insured loss with respect to work performed under
this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City’s
benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation.
AGREEMENT • 4
Specifically, any worker’s compensation insurance policies of the Contractor or its subcontractors shall be
endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its
subcontractors under this Agreement, and copies of such endorsements shall be provided to City.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this
Agreement the day and year first written above.
CITY OF SAN RAFAEL:
________________________________________
Jim Schutz
City Manager
ATTEST:
Valentine Corporation
By:
Lindsay Lara
City Clerk
Printed Name:
Title of Corporate Officer:
APPROVED AS TO FORM:
Valentine Corporation
By:
Robert F. Epstein
City Attorney
Printed Name:
Title of Corporate Officer:
File No.: 18.06.59