HomeMy WebLinkAboutCC Resolution 13925 (1309 Fifth Ave. Demolition)RESOLUTION NO. 13925
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING A CONTRACT FOR THE 1309 FIFTH AVENUE DEMOLITION AND
PARKING LOT PROJECT, CITY PROJECT NO. 11258, TO TEAM GHILOTTI, INC.,
IN THE AMOUNT OF $169,690.00 (BID OPENING HELD ON THURSDAY, APRIL 30,
2015).
WHEREAS, on the 30th day of April, 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:
"1309 Fifth Avenue Demolition and Parking Lot Project"
City Project No. 11258
in accordance with the plans and specifications therefore on file in the office of said City Clerk;
and
WHEREAS, the bid of Team Ghilotti, Inc., in the amount of $169,690.00 at the unit
prices stated, was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder; and
WHEREAS, funds in the sum of $255,000.00 are available in the Capital Projects Fund
(#401) to fund the contract with Team Ghilotti, Inc., and other tasks required for City Project No.
11258; and
WHEREAS, there are sufficient funds in the Capital Projects Fund (#401) to support this
contract.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The bid of Team Ghilotti, Inc., is hereby accepted at said unit prices and that the
contract for said work and improvements is hereby awarded to Team Ghilotti,
Inc., at the unit prices mentioned in said bid.
2. The Acting Director of Public Works and the City Clerk of said City are
authorized and directed to execute a contract with Team Ghilotti, Inc., 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 $255,000.00 are available in Capital Projects Fund (#401) and will
be appropriated for City Project No. 11258.
4. The Acting 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, 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 18`h day of May, 2015 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
�Sfi It 5 - Aegp" ,
ESTHER C. BEIRNE, City Clerk
File No.: 06.01.226
4
City of San Rafael ♦ California
Form of Contract Agreement for Informal Bids
for
13095 th Ave Demolition and Parking Lot Project
City Project No. 11258
This Agreement is made and entered into this lb-mday of . 2015 by and between the City of San Rafael
(hereinafter called City) and Team Ghilotti, 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 described in the specifications for the project entitled: 1309 51h Ave Demolition and
Parking Lot Project, City Project No. 11258, 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 provide the insurance as specified in the Insurance Requirements Sheet attached hereto
as Attachment A. 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 Conditions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed by the date 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.
NO.
ITEM
QUANTITY
UNITS
UNIT PRICE
TOTAL PRICE
1.
Mobilization
1
LS
@
$ 19,429.00
$ 19,429.00
2.
Demolition
1
LS
@
$ 55,000.00
$ 55,000.00
3.
Site Grading$,25,356.90
1
LS
@
25
$ ,356.00
4.
Minor Concrete
1
LS
@
$ 8,600.00
$ 8,600.00
...........
5.
Drainage System
1
LS
@
$ 17,100.00
............
$ 17,100.00
.........................................................................................._.................
6.
Class 2 Aggregate Base
240
Ton
@
$ 55.00
— $ 13,200.00
7.
Hot Mix Asphalt
150
Ton
@
$ 152.00$22,800.00
....... _ ...............................
8,
Pavement Delineation & Si s
1
LS
@
$ 1,275.00
$ $ 1,275.00
9.
Fencing & Gate
1
LS
@
$ 6,930.00
$ 6,930.00
TOTAL BASE BID
$169,690.00
V - Progress Payments
(a) On no 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 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 five (5) working days make such inspection.
(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 twelve (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:
Esther C. Beirne
City Clerk
APPROVEDfAS TO)FORM:
, ...../_.. � 0 f f
Rob Epstein
City Attorney
CITY OF SAN RAFAEL:
Kevin McGowan
Acting Public Works Director
CONTRACTOR:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public 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 California
County of SbnOrno_
On maL) aU, aDIS before me, 3-ennAr -9- N3oAa,ti PLLb►ic
Date Here Insert Name and Title of the Officer
personally appeared CLnc( `-f herfi E. Lep.
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person s) whose name(s)' re°
subscribed to the within instrument and acknowledged to me that h ey executed the same in
hie+fher/ ei uthorized capacity(ies), and that by-hisfher heir signatures) on t e instrument the person(s),
or the entity upon behalf of which the person(s) 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.
JENMIFER L. GHIH.OTni Signature Q (1 nA ; n, clic
Commltsion # 1948729Sig ure of No a Public
Nobxlr public - Cwftwo
sononw County
Mfr Comm Eraim Sop 1, 20151
Place Notary Seal Above
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