HomeMy WebLinkAboutCC Resolution 12923 (NTPP Northgate Gap Closure)RESOLUTION NO. 12923
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING A CONTRACT FOR THE NTPP — NORTHGATE GAP CLOSURE
BIKEWAY IMPROVEMENTS, PROJECT NO. 11117, TO GHILOTTI
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $185,238.12.
WHEREAS, on the 22nd day of February, 2010, 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:
"NTPP — Northgate Gap Closure Bikeway Improvements"
Project No. 11117
In accordance with the plans and specifications therefore on file in the office of said City Clerk;
and
'"+IIEREAS, the work designed on the NTPP — Northgate Gap Closure Bikeway
Improvements Project Contract Documents is eligible to be funded utilizing Non -Motorized
Transportation Pilot Program (NTPP) funds; and
WHEREAS, the bid of Ghilotti Construction Company, 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 Construction Company, Inc. is hereby accepted at said unit prices and that
the contract for said work and improvements is hereby awarded to Ghilotti Construction
Company, Inc at the unit prices mentioned in said bid.
IT IS FURTHER ORDERED AND RESOLVED that the City Manager and the City
Clerk of said City be authorized and directed to execute a contract with Ghilotti Construction
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Company, 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 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
Council of said City held on the l5t day of March, 2010 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
4 •964rc." .
ESTHER C. BEIRNE, City Clerk
File No.: 16.01.241.03
City of San Rafael ♦ California
Form of Contract Agreement
for
NTPP — Northgate Gan Closure Bikewav Improvements
PROJECT NO. 11117
This Agreement is made and entered into this 1" day of March, 2010 by and between the City of San
Rafael (hereinafter called City) and Ghilotti Construction Company, 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: NTPP — Northgate Gap Closure Bikeway Improvements, Project No. 11117, 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 and excess of 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) All work shall be completed within 40 WORKING DAYS and with such extensions of time as are
provided for in the General Conditions.
(d) This project is anticipated to commence on March 15, 2010, and the project completed by May 11,
2010.
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 $1,000 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
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for the actual number of units that are incorporated in or made necessary by the work covered by the
Contract.
ITEM
UNIT
ITEM
NO.
ITEM
QTY
UNIT
PRICE
TOTAL
1
Mobilization (3% Max. of Total Bid)
1
LS
$5,000.00
$5,000.00
2
Traffic Control System (5% Max. of Total Bid)
1
LS
$6,000.00
$6,000.00
3
Construction Staking
1
LS
$3,000.00
$3,000.00
4
Clearing and Grubbing
1
LS
$3,000.00
$3,000.00
5
Excavation
394
CY
$48.00
$18,912.00
6
Remove Concrete (Median Curb)
163
LF
$10.00
$1,630.00
7
Asphalt Concrete (14" Full -Depth AC Section -
830
TON
$86.00
$71,380.00
3/4" Max. Aggregate)
8
Asphalt Concrete (14" Full -Depth AC Section -
100
TON
$87.00
$8,700.00
1/2 Max. Aggregate)
9
Minor Concrete (Modified Type E Median Curb)
88
LF
$24.00
$2,112.00
10
Minor Concrete (Transition 6" Modified Type E
80
LF
$25.00
$2,000.00
Median Curb to Flush Curb)
11
Minor Concrete (Flush Curb)
1848
LF
$22.50
$41,580.00
12
Remove Traffic Stripes
1560
LF
$2.45
$3,822.00
13
Remove Pavement Markings
82
SF
$2.00
$164.00
14
Install Thermoplastic Pavement Markings
44
SF
$10.00
$440.00
15
Install Paint Pavement Markings
392
SF
$2.00
$784.00
16
Install Detail 22 Stripe (paint)
17
LF
$1.47
$24.99
17
Install Detail 25 Stripe (paint)
1927
LF
$0.27
$520.29
18
Install Detail 27B Stripe (paint)
1957
LF
$0.24
$469.68
19
Install Detail 29 Stripe (paint)
376
LF
$1.47
$552.72
20
Install Detail 39 Stripe (paint)
5836
LF
$0.29
$1,692.44
21
Install Detail 39A Stripe (paint)
1500
LF
$0.34
$510.00
22
Paint Median Curb Yellow
88
LF
$2.00
$176.00
23
Install 4" Yellow Stripe (paint)
400
LF
$0.47
$188.00
24
Remove and Salvage Existing Sign and Post
1
EA
$75.00
$75.00
25
Remove and Salvage Existing Sign; Furnish and
3
EA
$95.00
$285.00
Install New Sign on Existing Post
26
Relocate Existing Sign to New Post; Remove
12
EA
$150.00
$1,800.00
Existing Post
27
Furnish and Install New Sign(s) on Existing Post
2
EA
$95.00
$190.00
28
Furnish and Install New Sign(s) on New Post
36
EA
$225.00
$8,100.00
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ITEM UNIT ITEM
NO. ITEM QTY UNIT PRICE TOTAL
29 Furnish and Install 6' Metal Tree Stakes (Set of 2) 3 EA $75.00
30 Furnish and Install Street Tree 3 EA $635.00
Grand Total
V - Progress Payments
$225.00
$1,905.00
$185,238.12
(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 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%n 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,
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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:
I G �
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....
Robert F. Epstein
City Attorney
CITY OF SAN RAFAEL:
Ken rdhoff
City Man er
CONTRACTO
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for ,
CAI
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