HomeMy WebLinkAboutPW ADA DOJ Curb Ramps 2016-177 �
SAN RAFAEL Agenda Item No:
THE CITY WITH A MISSION Meeting Date: March 6, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
TOPIC: ADA -DOJ CURB RAMPS 2016-2017
City Manager Approval:
File No.: 16.01.282
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT FOR THE ADA -DOJ CURB
RAMPS 2016-2017 PROJECT #11297 TO QUIMU CONTRACTING, INC., IN THE AMOUNT OF
$182,675.
RECOMMENDATION: Adopt the resolution authorizing the City Manager to award the construction
contract to Quimu Contracting, Inc.
BACKGROUND: In August 2004, the City of San Rafael entered into a Settlement Agreement with the
Federal Department of Justice (DOJ) to address a lack of compliance with the Americans with Disabilities
Act (ADA) and related accessibility issues in City -owned facilities and the public right-of-way. A section
of the Agreement calls for the City to construct curb ramps or sloped areas at various intersections to
provide access for pedestrians. In 2004, Public Works identified a backlog of 797 curb ramps requiring
construction. In 2014, the DOJ agreed to our request to temporarily waive construction of 32 of the
original 797 ramps, reducing the City's target to 765 (797-32=765), and to extend the Settlement
Agreement expiration date to February 2019. To date, the City has installed 453 of the 765 curb ramps.
In June 2016, the DOJ agreed to no longer require the City to complete all the curb ramps by February
2019 and has closed its file under the condition that the City will complete its obligation to perform all
remedial actions under the Settlement Agreement, including the completion of the 312 curb ramps that
remain to be constructed over time, and to continue to allocate a specific amount of funding each year
for that purpose.
The proposed project includes construction of 12 new ADA compliant curb ramps and related storm
drainage improvements along Peacock Drive in the Peacock Gap Neighborhood.
In keeping with our standard practices, Public Works staff conducted a multi -modal study of the
locations specific to this project to ensure that the most reasonable facilities for all modes of travel were
included in the project design. The study was completed on December 30, 2016.
FOR CITY CLERK ONLY
File No.: 4-1-696
Council Meeting: 03/06/2017
Disposition: Resolution 14288
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 2
The ADA -DOJ Curb Ramps 2016-2017 project has been determined to have no significant environmental
effect. A Notice of Exemption was filed at the Marin County Clerk's Office on January 9, 2017.
The project was advertised in accordance with San Rafael's Municipal Code on January 12, 2017. The
engineer's estimate was $210,000. The following bids were received and read aloud on February 8,
2017, at 11:00 AM:
NAME OF BIDDER
AMOUNT
Quimu Contracting, Inc.
$182,675.00
FBD Vanguard Construction
$182,686.00
Coastside Concrete and Construction, Inc.
$182,780.00
Ghilotti Bros., Inc.
$207,097.00
Kerex Engineering
$213,000.00
W.R. Forde Associates
$222,215.00
J.J.R. Construction, Inc.
$234,807.00
Maggiora & Ghilotti, Inc.
$277,000.00
ANALYSIS: The referenced bids have been reviewed by Public Works staff and the bid from Quimu
Contracting, Inc. was found to be both responsive and responsible. The low bid from Quimu
Contracting, Inc. in the amount of $182,675 falls within the project budget.
Constructing curb ramp work at this time of year is challenging due to the potential for weather-related
delays. However, the CDBG grant requires completion of the majority of the construction by April 1,
2017. Staff therefore recommends awarding the contract at this time in order to complete construction
within the time frame dictated by the grant.
PUBLIC OUTREACH: Prior to commencement of construction, Public Works staff will send letters to
property owners and residents of adjacent properties notifying them of the upcoming construction,
providing a link to the project website listing a detailed construction schedule, and providing a phone
number to call with any questions.
FISCAL IMPACT: The following tables summarize funding sources and expenses:
Funding Source:
Project Funding Sources
Allocation
Community Development Block Grant
$95,937
Gas Tax Fund (Fund #206) [16/17 CIP]
$150,000
Total Available Funds
$245,937
Expenses:
Design Costs Amount
Environmental Document and Topographic Survey $5,650.76
Design Subtotal $5,650.76
Construction Costs
Construction Contract
Construction Contingency (Approx. 12%)
Materials Testing and Sampling
Construction Subtotal
$182,675.00
$21,921.00
$ 2,000.00
$206,596.00
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 3
Total Project Cost* 1 $212,246.76
*Construction management and inspection of this project will be managed by Public Works engineering
staff which is estimated to cost $33,690.
OPTIONS:
1. Adopt the resolution awarding the contract to Quimu Contracting, Inc., in the amount of
$182,675. If this option is chosen, construction will commence as soon as possible.
2. Do not award the contract and direct staff to rebid the project. If this option is chosen,
rebidding will delay construction until summer 2017.
3. Do not award the contract and direct staff to stop work on the project.
ACTION REQUIRED: Adopt the resolution awarding the construction contract to Quimu Contracting, Inc.
in the amount of $182,675.
ATTACHMENTS:
Resolution
RESOLUTION NO. 14288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING A CONSTRUCTION CONTRACT FOR THE ADA -DOJ CURB
RAMPS 2016-2017 PROJECT TO QUIMU CONTRACTING. INC., IN THE
AMOUNT OF $182,675
WHEREAS, on the 8th day of February, 2017, 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:
"ADA -DOJ Curb Ramps 2016-2017"
City Project No. 11297
in accordance with the plans and specifications therefore on file in the office of said City Clerk;
and
WHEREAS, the bid of $182,675 from Quimu Contracting, 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, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The plans and specifications for the ADA -DOJ Curb Ramps 2016-2017 Project,
City Project No. 11297, on file in the office of the City Clerk, are hereby
approved.
2. The bid of Quimu Contracting, Inc., is hereby accepted at the unit prices stated in
its bid, and the contract for said work and improvements is hereby awarded to
Quimu Contracting, Inc., at the stated unit prices.
3. The City Manager and the City Clerk are authorized and directed to execute the
contract with Quimu Contracting, Inc., in a form approved by the City Attorney,
and to return the bidder's bond upon the execution of the contract.
4. Community Development Block Grant Funds totaling $95,937 will be
appropriated in Fund 206 for City Project No. 11297.
5. There are sufficient funds in the Gas Tax Fund (#206) to cover the remainder of
expenses for this project.
6. 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, 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 6th day of March, 2017 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
C � /:ZG-V ,
ESTHER C. BEIRNE, City Clerk
File No.: 16.01.282
City of San Rafael ♦ California
Form of Contract Agreement
for
ADA -DOJ Curb Ramps 2016-2017
This Agreement is made and entered into this J2 qday of d4ie4+ 2017 by and between the City of San Rafael
(hereinafter called City) and Quimu Contracting, Inc. (hereinafter called Contractor). Witnesseth, that the City
and the Contractor, for the considerations hereinafter named, agree as follows:
1- 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: ADA -DOJ Curb Ramps 2016-2017,
City Project No. 11297, all in accordance with the requirements and provisions of the "Specifications and Contract
Documents for ADA/DOJ Curb Ramps 2016/2017" dated January 2017, 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) Workina 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 Fortv (40) Working Days and with such
extensions of time as are provided for in the General Provisions.
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 $1,900 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.
ITEM DESCRIPTION
1. Mobilization
2. Signs and Traffic Control
3. Clearing and Grubbing
4. Minor Concrete — Minor Structures
a. Type A Curb and Gutter
b. 4" PCC Sidewalk
c. Curb Ramp — Case A
ESTIMATED UNIT UNIT TOTAL PRICE
QUANTITY PRICE
1 LS @ $5,000.00 = $5,000.00
1 LS @ $20,000.00 = $20,000.00
1 LS a $20,000.00 = $20,000.00
430 LF a $35.00 = $15,050.00
1,100 SF @ $15.00 = $16,500.00
EA @ $6,500.00 = $13,000.00
AGREEMENT -1
ITEM DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT
PRICE
TOTAL PRICE
d. Curb Ramp — Case B
3
EA
@
$6,500.00
= $19,500.00
e. Curb Ramp — Case C
6
EA
a
$6,000.00
= $36,000.00
f. Curb Ramp — Case D
1
EA
@
$6,000.00
= $6,000.00
g. New Type E Catch Basin
2
EA
@
$3,500.00
= $7,000.00
h. New Type A Manhole
1
EA
@
$7,500.00
= $7,500.00
i. Under Sidewalk Drain
2
EA
@
$1,000.00
= $2,000.00
5. Hot Mix Asphalt
55
TON
@
$200.00
= $11,000.00
6. Storm Drain Pipe (12" PVC SDR 26)
14
LF
@
$150.00
= $2,100.00
7. Pavement Striping and Markings
a. Pavement Markings
110
LF
@
$15.00
— $1,650.00
b. Red Curb
15
SF
@
$25.00 -_
$375.00
GRAND TOTAL
BID $182,675.00
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) 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) 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 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 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 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.
AGREEMENT -2
(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) 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 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.
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.
ATTEST: CITY OF SAN RAFAEL:
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
r
-L.4A- -a - 14 �k
Rob Epstein
City Attorney
Jil4an
Ciger
Quimu Contracting, Inc.:
MA ;1 J
Printed Ikard:
Title: Q Z'.
Quimu Contracting, Inc.:
Printed Name:
Title:
AGREEMENT -3
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Stephanie Gindlesperger
Extension: 3454
Contractor Name: Quimu Contracting, Inc.
Contractor's Contact: Miguel Quiroz
Contact's Email: quimu@sbcglobal.net
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
I DESCRIPTION
COMPLETED
REVIEWER I
CONTINUE ROUTING PROCESS WITH HARD COPY
DEPARTMENT
J
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
2/13/2017
® SG
6 City Attorney
Review and approve hard copy of signed
2/13/2017
Q
agreement
b. Email contract (in Word) & attachments to City
N�
® SG
Review and approve insurance in PINS and , and
3
Atty c/o Laraine.Gittens@cityofsanrafael.org
bonds (for (for Public Works Contracts)
2
City Attorney
a. Review, revise, and comment on draft agreement
2/14/2017
® LAG
9 City Clerk
and return to Project Manager
2/14/2017
® LAG
forwards copies to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Project Manager
Forward at least two originals of final agreement to
2/14/2017
Z SG
contractor for their signature
4
Project Manager
When necessary, * contractor -sinned agreement
❑ N/A
agendized for Council approval
® SG
*PSA > $20,000; or Purchase > $35,000; or
Or
Public Works Contract > $125,000
Date of Council approval
3/6/2017
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5 I Project Manager
Forward signed original agreements to City
3/2/2017
® SG
Attorney with printed copy of this routing form
6 City Attorney
Review and approve hard copy of signed
311
Q
agreement
j
N�
7 City Attorney
Review and approve insurance in PINS and , and
3
bonds (for (for Public Works Contracts)
8 City Manager/ Mayor
Agreement executed by Council authorized official
l
9 City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) 4 CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS --> [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 3/6/2017
From: Bill Guerin
Department: Public Works
Date: 2/21/2017
Topic: ADA -DOJ CURB RAMPS 2016-2017
Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT FOR THE
ADA -DOJ CURB RAMPS 2016-2017 PROJECT TO QUIMI CONTRACTING, INC., IN THE
AMOUNT OF $182,675.
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
® Finance Director
Remarks: MM - approved, ok-Van Bach.
® City Attorney
Remarks: LG -approved 2/28/17.
® Author, review and accept City Attorney / Finance changes
Remarks: SG Edits Made- 3/1/2017
® City Manager
Remarks: