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HomeMy WebLinkAboutCC Resolution 12830 (American Recovery & Reinvestmen Act Rebid)RESOLUTION NO. 12830 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR STREET RESURFACING AMERICAN RECOVERY AND REINVESTMENT ACT 2009 REBID, PROJECT NO. 11108, FEDERAL AID PROJECT NO. ESPL-5043 (030) TO GHILOTTI BROS., INC., IN THE AMOUNT OF $1,137,285.30. WHEREAS, on the 1" day of September, 2009, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for 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: "STREET RESURFACING AMERICAN RECOVERY AND REINVESTMENT ACT 2009 REBID" PROJECT NO. 11108 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the streets designated for resurfacing are eligible to be funded utilizing Federal Stimulus and Local Measure A funds; and WHEREAS, the bid of Ghilotti Bros., 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 therefore. NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Ghilotti Bros., Inc. and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Ghilotti Bros., Inc. at the unit prices mentioned in said bid. RESOLVED FURTHER, that the Mayor of said City be authorized and directed to execute a contract with Ghilotti Bros., Inc. 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, City 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 8`" day of September, 2009, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None fZsAt�, tL c-- . Re4 ,P -,Lc . ESTHER C. BEIRNE, City Clerk File No. 16.06.67 City of San Rafael • California Form of Contract Agreement for Street Resurfacing American Recovery and Reinvestment Act 2009 Rebid City Project No. 11108 Federal Aid Project No. ESPL 5043 (030) This Agreement is made and entered into this day of September 2009 by and between the City of San Rafael (hereinafter called City) and Ghilotti Bros., Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: II - 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: Street Resurfacing American Recovery and Reinvestment Act 2009 Rebid, City Project No. 11108, Federal Aid Project No. ESPL 5043 (030), 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 the City by contractor under this Agreement shall be primary and excess of any other insurance available to the City. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within 5 calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 45 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - 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 for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREEMENT • 1 NO. ITEM QUANTITY UNITS 1. Mobilization (Not to exceed 3% of 1 LS UNIT PRICE TOTAL PRICE @ 3,000.00 = 3,000.00 LS n 9,704.00 = 9,704.00 TON @ 85.00 933,045.00 LF Total Bid) 1.05 = 2. Traffic Control 1 3. Asphalt Concrete Overlay (Type A) 10,977 4. Cold Planing 33,853.75 EA a. Edge Grind 6' 41,871 17,220.00 b. Conform Grind 10' 676 5. Fabric Reinforcement 27,083 6. Adjust Storm Drain Manhole 41 EA Castings to Grade 375.00 = 7. Adjust Sanitary Sewer Castings to 43 279.00 = Grade LF 8. Adjust Water Valves to Grade 55 9. Adjust Monuments to Grade 29 10. Traffic Loop Installation 14 11. Traffic Striping a. Install White Thermoplastic 8,182 Legend b. Install Yellow Thermoplastic 2,725 Legend c. Install 4" Yellow Striping 251 d. Install 4" White Striping 18 e. Install Detail 9 Striping 5,161 f. Install Detail 22 Striping 5,351 g. Install Detail 25 Striping 4,240 h. Install Detail 27 Striping 111 i. Install Detail 27B Striping 10,000 j. Install Detail 29 Striping 672 UNIT PRICE TOTAL PRICE @ 3,000.00 = 3,000.00 LS n 9,704.00 = 9,704.00 TON @ 85.00 933,045.00 LF @ 1.05 = 43,964.55 LF @ 6.00 = 4,056.00 SY @ 1.25 = 33,853.75 EA a 420.00 = 17,220.00 EA @ 400.00 = 17,200.00 EA @ 25.00 = 1,375.00 EA @ 375.00 = 10,,,875.00 EA a 279.00 = 3,906.00 SF"' 4.00 = 32,728.00 SF" 4.00 = 10,900.00 LF °C1° 1.00 = 251.00 LF 4 1 1.00 = 18.00 LF .40 = 2,064.40 LF a 1.00 = 5,351.00 LF+` 40- 1,696.00 LF qu .30 = 33.30 LF «' .30 - 3,000.00 LF N' .40 = 268.80 AGREEMENT • 2 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). 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 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 AGREEMENT • 3 ,n k. Install Detail 32 Striping 94 LF quN 1.00 - 94.00 1. Install Detail 37B Striping 612 LF " .40 - 244.80 m. Install Detail 38 Striping 2,024 LF u'' .40 - 809.60 n. Install Detail 39 Striping 3,767 LF 4 .30 - 1,130.10 o. Install Detail 39A Striping 760 LF «!' .30 - 228.00 p. Install Detail 40A Striping 94 LF yd'' 1.00 - 94.00 q. Blue Retroreflective Raised 35 EA x(11 5.00 - 175.00 Pavement Marker GRAND TOTAL BID $ 1,137,285.30 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). 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 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 AGREEMENT • 3 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 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. CITY SAN RAFAEL: Albert J. Lyaor ATTEST: Esther C. Beirne, City Clerk APPROVED AS TO FORM: Robert F. Epstein, City Attorney CONTRACTOR: GHILOTTI BROS., INC. �1 Printed Name: MTCHA FT A�f. (RIT n'I'I'I Title: PRESIDENT(TREASURER AGREEMENT • 4 1" , GRIL O TI BROS., INC. 525 JACOBY STREET, SAN RAFAEL, CALIFORI',IIA 94901 PHONE: (415) 4.54-7011 FAX: (415) 454-8376 CALIFORNIA LICENSE NO. 132.12.8 I, Michael M. Ghilotti, President/'Treasurer of Ghilotti pros., Inc., a corporation organized under the laws of the State of California, do hereby certify that the following resolution is a full, true and correct copy of a resolution of the Board of Directors of said corporation, duly and regularly adopted by the Board of Directors in conformance with applicable law and by-laws of said coif)oration on the 25t" day of June, 2002. RESOLVED, that Michael M. Ghilotti, is hereby authorized to sign all appurtenant documents for Ghilotti Bros., Inc. 1 further certify that said. resolution has not been amended or revolted and is still in full force and effect. IN WITNESS WHEREOF, we the Board of Directors set forth our names and affix the seal of said corporation, this 25t" day of June, 2002. Michael M. oGhillbttiMario 11�I. G �Gt /V �� r Dante W. Ghilotti Eva R. Ghilotti