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HomeMy WebLinkAboutCC Resolution 11422 (Second St. Resurfacing)RESOLUTION NO. 11422 RESOLUTION AWARDING THE CONTRACT FOR SECOND STREET RESURFACING, CITY PROJECT NO. 10756-02, FEDERAL PROJECT NO. STPL 5043-(017), TO MAGGIORA & GHILOTTI, INC., IN THE AMOUNT OF $313,800.00. WHEREAS, on the 16th day of September, 2003, 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: "SECOND STREET RESURFACING" CITY PROJECT NO. 10756-02 FEDERAL AID PROJECT NO. STPL 5043-(017) in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Maggiora & Ghilotti, 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; and WHEREAS, the bid of Maggiora & Ghilotti, Inc. has diligently pursued solicitation of the Disadvantaged Business Enterprise (DBE) to participate in subcontract work and supply materials for the Second Street Resurfacing Project; and WHEREAS, although Maggiora & Ghilotti, Inc. did not meet the required DBE set forth by the City, they made all the necessary efforts to achieve the goal and have demonstrated them to be in good faith to the satisfaction of the City; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Maggiora & Ghilotti, 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 Maggiora & Ghilotti, Inc. at the unit prices mentioned in said bid. RESOLVED FURTHER, that the Mayor and City Clerk of said City be authorized and directed to execute a contract with Maggiora & Ghilotti, 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, JEANNE M. LEONCINI, 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 6 1 day of October, 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Hel l er, M 11 er, Phi 11 i ps & I-1ayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:None JEANN M. LEONCINZ Aty Clerk File No. 16.01.217 City of San Rafael * California Form of Contract Agreement For SECOND STREET RESURFACING CITY PROJECT NO. 10756 FEDERAL AID PROJECT NO. STPL 5043-(017) This Agreement is made and entered into this 6th day of October, 2003 by and between the City of San Rafael (hereinafter called City) and Maggiora & Ghilotti, 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: Second Street Resurfacing, 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. 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 30 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 $ 500 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. 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 op i` 1NO. UNIT EST UNIT ITEM I ITEM I I QTY I PRICE, $ I TOTAL, $ 1 Mobilization LS 1 2,000.00 2,000.00 Asphalt Concrete 2 Overlay (ACO) TON 3,308 65.00 215,020.00 3 Pavement Patching SY 200 54.00 10,800.00 4 Cold Planing SY 7,398 2.00 14,796.00 5 Fabric Reinforcement SY 17,134 1.00 17,134.00 Adjust Manhole Casting 6 to Grade EA 34 360.00 12,240.00 Adjust Rodholes and 7 Monuments EA 23 150.00 3,450.00 Castings to Grade Striping and Pavement 8 Marking LS 1 25,800.00 25,800.00 9 Traffic Control LS 1 2,075.00 2,075.00 10 Crack Sealing LS 1 10,485.00 10,485.00 Grand Total $313,800.00 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). 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 fling 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 Contractr, 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. AGREEMENT • 2 (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 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: � 1 A J Hite M. Leoncini City Clerk 'i APPK641)� F RM: ry T. Rg , ianti City Attorney CITY OF S N RAFAEL: AlbeBoro Mayor (f 0 .RACY r Gary Ghilotti President File No. 16.01.217 AGREEMENT • 3 PAY"IY-NT BOND - PUBLIC WOF SECITIONS 3247 -2252, CIVIL CODE (CALIFORNIA). KNOW ALL MEN BY THESE PRESENTS; "BOND ISSUED IN TRIPLICATE" ,—R^-VEL=RS CASUAL?� , AD SUPE TY COMPANY DI AMERICA Hartford, Connecticut 06183 Bond No. .103-94574o Premium $ INCLUDED. THAT WHEREAS, The State of.California, acting by and through the CITY OF SAN RAFAEL has awarded.to MAGGIORA & GHILOTTI,. INC. as Contractor, a contract for the work described as follows: SECOND STREET RESURFACING CITY PROJECT NO. 10756-02 FEDERAL ASD.NO. STPL 501+3—(017) AND WHEREAS, Said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, We the undersigned Contractor and Surety are held arid firmly bound ,unto the State of California tri the amount required by law, the sum of THREE HUNDRED =.Lt7vTB 'V THOUSAND EIGHT HUNDRED AND 17O/100THS--- ($ 313,800.00 ) Dollars, for which payment -well and truly -to be made we bind.'ourselves, odr heirs, executors and -administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, Thai# if said Contractors shatl fail to pay (1) Any of the persons named in. Civil Code Section 3181,•(2) amounts due under the Unerriployment insurance Code for work or labor performed in connection with said contract by any such claimant, or (3) any amounts required to. be deducted, withheld and paid over to the Employment Development Department from wages of the employees of Contractor and his sub -contractors with respect to such work and labor pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety. or.Suretles Herein will pay for the same in an aggregate amount not exceeding the sum specified in this bond, and also in case -'suit Is brought. upon -the bond, a reasonable attorney's fee,'to be fixed by the court, otherwise the above obligation shall be void. Phis bond shall• inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of -action o such persons ortheir assigns In any suit brought upon this bond, "his bond, is executed and filed to comply with the provisions of the act of Legislature -of the State of California as lesignated in Civil Code, Sections 3247.- 3252 inclusive, and ail amendments thereto, \1 WITNESS WHEREOF, We have hereunto set our hands and seals n this STH day o OCTOBER , 2003 C • - MAGGI ORA. y � .F�. X • TT By: Gaty Ghilotfi Nehidem Contractor TRA LERS CASUALTY AND SURETY COMPANY OF AMERICA PA BONNIE K. FRYMIRE % Attorney -in -Fact CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT State of California ss. County of SONOMA On 10/8/03 before me, LAWRENCE J. COYNE, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared — BONNIE K. FRYKM ---------------------------------- Name(s) of Signer(s) ear.•.r„rra„�a>m'.A-a+.'�nx.'�.*'7 LAWRENCE J. COYNE •: Commi-,-,ion ff 12511.43 Notofy Public - California Z''a Sonoma County ' My Comm. Eqo s Oct M, 2W4 Place Notary Seal Above ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/xmc subscribed to the within instrument and acknowledged to me thattxYlsh executed the same in ±isdherbUxadx authorized capacity, and that by kiskher/1l3ettx signature(&) on the instrument the person(A), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. , bSure of N ry Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: OCTOBER 8, 2003 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: PAYMENT BOND Number of Pages: ONE 11411:0 Top of thumb here Signer Is Representing: TRAVELERS. CASUALTY AND SURETY COMPANY OF AMERICA © 1999 National Notary Association • 9350 Do Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402 " www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.800 8766827 Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into -law the Terrorism Risk Insurance Act of 2002 '(the ':Act"): -The- Act establishes a short-term program under, which .the :Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the ;key features of. -he .Act, and to let you -know what effect, if any, the Act Will have :on your premium. tinder the Act, insurers are required to provide coverage for certain losses caused -by international acts of terrorism .as defined in the -Act: The ,Act further provides that the Federal -Government will pay a share ,of such losses. ;Specifically, the Federal Government -will -pay -.901/10 -of the amount of covered losses caused by -certain .acts of terrorism which is .lit excess :of Travelers' statutorily established deductible for that -year. The -Act also caps the ,amount bf terrorism - related losses #or which -the .Federal Government or -an insurer carp be responsible at -$100,000,000,000.00, .-Provided. that the Insurer - has -met its -deductible. .Please note that passage. of -the Act does .not result in any change in coverage under -the -attached policy or bond (or the policy or bond -being - quoted). Please also note that no separate additional Premium- charge- -has been °.made - forwthe terrorism coverage- required overage required by :the .Act. The .premium charge that is allocable -to such coverage is inseparable 'from and imbedded in your. oiieralf premium, and is no more'than one, percent of your .premium. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of San Rafael, its officers, agents & employees P.O. Box 151560 San Rafael, CA 94915-1560 PROJECT/LOCATION OF COVERED OPERATIONS: Second Street Resurfacing City Project No. 10756/M&G#7417 I. WHO IS AN INSURED - (Section II) is amended to include the person or organization shown in the Schedule above. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location shown in the Schedule. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section Ill - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. C) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement_ This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. POS YHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-07-2003 GROUP: POLICY NUMBER: 1758056-2003 CERTIFICATE ID: 52 CERTIFICATE EXPIRES: 10-01-2004 10-01-2003/10-01-2004 CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS P.O. BOX 151560 SAN RAFAEL CA 94915-1560 JOB: SECOND ST. RESURFACING #10756 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. YAAI-- AUTHORIZED REPRESENTATIVE AS e. 6& PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER MAGGIORA & GHILOTTI, INC 555 DU BOIS ST SAN RAFAEL CA 94901 PNC PRINTED: 10.07-2003 SCIF 10202E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1