HomeMy WebLinkAboutPW Freitas Las Gallinas Intersection ImprovementsSAN RAFAEL
THE CITY WITH A MISSION
Agenda Item No: 6.b
Meeting Date: April 3, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval:
File No.: 18.01.73
TOPIC: FREITAS/LAS GALLINAS AND FREITAS/LOS GAMOS INTERSECTION IMPROVEMENTS
SUBJECT: ADOPTION OF RESOLUTIONS RELATED TO THE FREITAS AND LAS GALLINAS INTERSECTION
IMPROVEMENTS PROJECT AND FREITAS AND LOS GAMOS INTERSECTION IMPROVMENTS
PROJECT, CITY PROJECT NO. 11171:
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE
CONSTRUCTION AGREEMENT FOR THE FREITAS AND LAS GALLINAS INTERSECTION
IMPROVEMENTS PROJECT, AND THE FREITAS AND LOS GAMOS INTERSECTION
IMPROVEMENTS PROJECT, TO GHILOTTI BROS., INC., IN THE AMOUNT OF $2,616,168,
AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH GHILOTTI BROS., INC. IN A FORM APPROVED BY THE CITY ATTORNEY.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH COASTLAND CIVIL ENGINEERING, INC. FOR INSPECTION SERVICES ASSOCIATED
WITH THE FREITAS AND LAS GALLINAS INTERSECTION IMPROVEMENTS PROJECT, AND
FREITAS AND LOS GAMOS INTERSECTION IMPROVEMENTS PROJECT, IN THE AMOUNT OF
$127,000, IN A FORM APPROVED BY THE CITY ATTORNEY.
RECOMMENDATION: Adopt the resolutions for the Freitas/ Las Gallinas Intersection Improvements
Project and the Freitas/Los Gamos Intersection Improvements Project.
BACKGROUND: Staff has analyzed the intersection of Manuel T. Freitas Parkway and Las Gallinas
Avenue and recommended it for intersection improvements and modifications. This intersection
currently experiences excessive delay from several of its approaches. The high number of vehicle trips
from US 101 to Terra Linda High School, Vallecito Elementary School, and Kaiser Hospital, as well as
nearby residential and commercial areas causes the queue on westbound Manuel T. Freitas Parkway to
extend beyond the available turn pocket for much of the day. In addition, due to the current geometry
of the intersection, the eastbound and westbound protected left turn phases are unable to operate
FOR CITY CLERK ONLY
File No.: 4-1-695 (Ghilotti Bros) and 4-3-642 (Coastland Civil Enciineeringl
Council Meeting: 04/03/2017
Disposition: Resolution 14305 (Ghilotti) and Resolution 14306 (Coastland)
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
simultaneously and must utilize a lead/lag operation further adding to delay and intersection
congestion.
The City recently installed Class II bicycle lanes on Las Gallinas Avenue. These lanes terminate 180 feet
south of the intersection with Manuel T. Freitas Parkway and start up again approximately 220 feet
north of the intersection, resulting in a 400 foot gap on this heavily travelled bike route. In addition, the
Class II bike lanes on Freitas Parkway end approximately 400 feet west of the intersection with Las
Gallinas Avenue.
Upgrades to the traffic signal system and signal operations, and improvements to intersection geometry,
were recommended in San Rafael General Plan 2020 (adopted in November 2004).
Intersection improvements include:
• Widening the intersection:
o to allow concurrent, protected left turns from Las Gallinas Avenue and Freitas Parkway
o to extend the bike lanes and close the gap on Las Gallinas Avenue approaching the
intersection
o to extend the bike lanes on Freitas Parkway to the intersection at Las Gallinas Avenue
• Structural modifications to widen the intersection and extend the eastbound and westbound
queue pockets to accommodate existing and future traffic volumes
• Removal of existing channelizing ("pork chop") islands
• Reduction of curb return radii on various corners of the intersection
• Traffic signal modification/replacement to install an 8 -phase system with video detection and a
CCTV traffic monitoring camera
• Storm drain system modifications
The Initial Study/Mitigated Negative Declaration was prepared and made available for public review in
accordance with the CEQA Guidelines and the City of San Rafael Environmental Assessment Procedures
Manual. On March 21, 2016, the City Council accepted the resolution adopting the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program.
The improvements associated with the intersection of the Freitas and Las Gallinas Intersection is
identified in San Rafael's 2020 General Plan which is noted in Exhibit 21, item 4. Projects noted in this
section of the General Plan are generally funded with Traffic Mitigation Funds. The Freitas and Los
Gamos intersection which is located just east of Las Gallinas Avenue is in need of curb and gutter
improvements, accessible ramp installation and resurfacing. Unfortunately, the Freitas and Los Gamos
intersection is not identified as a priority project on San Rafael's 2020 General Plan such that traffic
mitigation funds may not be utilized for improvements in this area. To address this issue staff has
structured the bid documents to provide two separate prices, one price for the work to be funded by
traffic mitigation fees, and a separate price for the Freitas Parkway/Los Gamos improvements, which
can be funded from Gas tax funds. The Gas Tax funded work was identified as a bid alternative in the
bid package.
This project was initially advertised on April 4, 2016. On April 26, 2016, two bids were received for the
project and on June 6, 2016, the City Council rejected all bids received and instructed staff to re -
advertise the project in January 2017 in order to generate a larger pool of bidders.
This project was re -advertised on January 11, 2017 and bids were publicly opened and read aloud on
February 9, 2017. Upon evaluation of the bids received, discrepancies were discovered between the Bid
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Alternative and the Base Bid. Some of these discrepancies were substantial and based on staff
recommendation; the City Council rejected all bids on February 21, 2017.
The project was re -advertised in accordance with San Rafael's Municipal Code on February 23, 2017.
The engineer's estimate for the base bid work was $2,500,000. The bid package also included an
Alternate Bid Item for the Gas Tax funded improvements at the intersection of Los Gamos Road and
Manual T. Freitas Parkway.
ANALYSIS: On March 7, 2017 the following base bids were received and read aloud:
BASE BID
NAME OF BIDDER AMOUNT
Ghilotti Bros., Inc. $2,412,287.50
Ghilotti Construction Company $2,482,552.50
Maggiora & Ghilotti, Inc. $2,547,547.00
The bid specifications provide that the award of the bid is determined by the lowest responsible and
responsive bidder on the Base Bid amount (Traffic Mitigation fee funded work). The referenced bids
have been reviewed by Public Works staff and the bid from Ghilotti Bros., Inc. was found to be both
responsive and responsible. The low bid from Ghilotti Bros., Inc., in the amount of $2,412,287.50, falls
within the project budget. In addition, Ghilotti Bros., Inc. submitted a proposal for the Bid Alternative in
the amount of $203,880.50. Staff recommends awarding the construction for the base bid plus the bid
alternative to Ghilotti Bros., Inc. in the amount of $2,616,168.00 ($2,412,287.50 + $203,880.50). Though
the determination of the lowest responsible and responsive bidder was based upon the base bid work, it
is important to note that Ghilotti Bros. was also the low bidder if both the base bid work and the bid
alternate work is included in all three proposals.
The second lowest bidder on the base bid, Ghilotti Construction Company submitted a letter on March
10, 2007, protesting the award of the construction contract to Ghilotti Bros., Inc. on the grounds that
Ghilotti Bros., Inc. failed to satisfy Section 3.03 in the Invitation to Bids by subcontracting 51.8% of the
base bid work, contrary to the provisions of Section 3.03 specifying that a contractor perform with its
own organization 50% of the contract price:
"The Contractor shall perform with its own organization, contract work amounting to 50 percent
of the original total contract price, except that any designated "specialty items" may be
performed by subcontract and the amount of such "specialty item" so performed may be
deducted from the original total contract price before computing the amount of work required
to be performed by the Contractor with its own organization."
City staff recommends that the City Council waive the 1.8% deviation from the 50% work requirement
on the base bid as being inconsequential, and not providing an unfair competitive advantage to Ghilotti
Bros., Inc. over the other bidders. Ghilotti Construction Company's protest is almost identical with a
protest it made over 20 years ago to a bid by Ghilotti Bros., Inc. on a paving project in the City of
Richmond that resulted in the landmark appellate court decision of Ghilotti Construction Company v.
City of Richmond (1996) 45 Cal.App.41" 897. In that case, the Court held that the City of Richmond could
waive the 5.44% non-compliance by Ghilotti Bros., Inc. with the same 50% Contractor work
requirement. The Court found that the irregularity in Ghilotti Bros., Inc. bid was insubstantial, and held
there was no evidence to support a finding that the deviation from the 50% Contractor work
requirement gave it an unfair competitive advantage over the other bidders. In the current bid situation,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
the deviation from the 50% Contractor work requirement is even smaller, only 1/3 of the size of the
deviation that the Court found inconsequential in the Ghilotti Construction Company v. City of Richmond
case. The Ghilotti Construction Company's protest and Ghilotti Bros., Inc.'s response to the protest are
attached to this Staff Report.
Staff recommends that the City Council waive the irregularity in Ghilotti Bros., Inc.'s bid as being
inconsequential, reject the protest by Ghilotti Construction Company, and approve and authorize the
City Manager to execute an Agreement with Ghilotti Bros., Inc. for the Base Bid and Alternate Bid work
Due to the complex nature of this specific project and staff resource limitations, additional inspection
services are required to manage the construction operations. On January 13, 2017, Public Works
solicited Statements of Qualifications, including billing rate schedules, for inspection services. Four
statements from qualified firms were received on February 7, 2017. All were evaluated by City staff
based on criteria specified in the Request for Qualifications including, but not limited to, understanding
of the work to be done, previous experience with similar projects, qualified personnel, and familiarity
with City standards and the local area. Staff recommends Coastland Civil Engineering, Inc. as the most
qualified consultant for this project. Coastland Civil Engineering, Inc. has submitted a proposal to
perform the inspection services in an amount not to exceed $127,000. Staff has reviewed the proposal
and has found it to be complete and within industry standards.
Staff recommends authorizing the City Manager to execute a professional services agreement with
Coastland Civil Engineering, Inc. for the required inspection services, in an amount not to exceed
$127,000.
PUBLIC OUTREACH: Public Outreach included but was not limited to providing notification of the intent
to adopt a mitigated negative declaration to property owners, residents and businesses within 300 feet
of Manuel T. Freitas Parkway between Las Gallinas Avenue and Los Gamos Street. The following actions
are among those taken to ensure notification:
• Marin County Public Coordination meeting on October 15, 2014
• Presentation to the Bicycle and Pedestrian Committee (BPAC) on January 15, 2015
• Presentation to the Terra Linda Home Owners Association on January 15, 2015
• Sidewalk Intercept presentation at Northgate Mall on Saturday January 24, 2015
• Sidewalk Intercept presentation at Northgate Mall on Tuesday February 10, 2015
• Presentation to the Santa Margarita and North San Rafael Neighborhood Associations and North
San Rafael Coalition of residents on March 18, 2015
FISCAL IMPACT: The following tables summarize funding sources and expenses:
Funding Source:
Project Funding Sources
Allocation
Traffic Mitigation Fund (Fund #246)
$3,142,893.20
Gas Tax Fund (Fund #206)
$228,400.00
Total Available Funds
$3,371,293.20
Design Costs Amount
Design (CSW/Stuber-Stroeh Agreement) $252,282.00
Environmental Permits (Fish and Wildlife, Regional Water Quality Control Board) $34,292.33
Document Reproduction $753.95
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Backup Batteries (Traffic Signal Cabinet) $501.62
Traffic Signal Equipment (Econolite Control Products, Inc.) $24,355.11
Design Subtotal $312,185.01
Construction Costs
Construction Agreement (Including the Bid Alternate) $2,616,168.00
Construction Contingency (Approx. 12%) $313,940.16
Construction Inspection Services (Coastland Civil Engineering, Inc. Agreement) $127,000.00
Materials Testing and Sampling (Estimated) $2,000.00
Construction Subtotal $3,059,108.16
Total Project Cost $3,371,293.20
OPTIONS:
1. Adopt both resolutions as presented;
2. Adopt only the resolution approving the award pf the construction agreement, and instruct staff
to perform the inspections. This option would impact staff's ability to perform other work;
3. Reject all bids and direct staff to rebid both the inspection and construction for this project. If
this option is chosen, soliciting new proposals or rebidding the project will delay construction
and postpone the project until fall 2017;
4. Reject all bids and direct staff to stop work on the project.
ACTION REQUIRED: Staff recommends that the City Council:
1. Adopt the resolution awarding the construction agreement to Ghilotti Bros., Inc. in the amount
of $2,616,168, and approving and authorizing the City Manager to execute the agreement in a
form approved by the City Attorney.
2. Adopt the resolution authorizing the City Manager to execute a professional services agreement
with Coastland Civil Engineering, Inc. for inspection services in an amount not to exceed
$127,000, in a form approved by the City Attorney.
ATTACHMENTS:
1. Resolution awarding the construction agreement to Ghilotti Bros., Inc. in the amount of
$2,616,168, and approving and authorizing the City Manager to execute the agreement in a
form approved by the City Attorney
2. Resolution approving and authorizing the City Manager to execute a professional services
agreement with Coastland Civil Engineering, Inc. for inspection services, in a form approved by
the City Attorney
3. Ghilotti Construction Company Bid Protest Letter, dated March 10, 2017
4. Ghilotti Bros. Inc. letter responding to bid protest, dated March 14, 2017, and bullet points
dated March 16, 2017.
5. Agreements
a. Ghilotti Bros., Inc.
b. Coastland Civil Engineering, Inc.
RESOLUTION NO. 14305
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING THE CONSTRUCTION AGREEMENT FOR THE FREITAS AND LAS
GALLINAS INTERSECTION IMPROVEMENTS PROJECT AND THE FREITAS AND
LOS GAMOS INTERSECTION IMPROVEMENTS PROJECT, TO GHILOTTI BROS.,
INC., IN THE AMOUNT OF $2,616,168.00. AND APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GHILOTTI BROS.,
INC. IN A FORM APPROVED BY THE CITY ATTORNEY.
WHEREAS, on the 7th day of March, 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:
"Freitas and Las Gallinas Intersection Improvements"
City Project No. 11171
in accordance with the plans and specifications therefore on file in the office of the City Clerk;
and
WHEREAS, City staff has determined that the bid of $2,616,168.00 from Ghilotti Bros.,
Inc., at the unit prices stated in its bid, for the base bid and alternate bid work in the project was
and is the lowest and best bid for said work, and said bidder is the lowest responsible and
responsive bidder for the aforementioned project; and
WHEREAS, the bid specifications for the project specify that the award of the
construction agreement for the project shall be based upon the lowest responsible and responsive
bidder on the base bid for the aforementioned project; and
WHEREAS, Section 3.03 of the Instructions to Bidders provides that the contractor shall
perform 50% of the original total contract price with its own organization; and
WHEREAS, Ghilotti Bros., Inc. submitted the lowest base bid for the aforementioned
project, in the amount of $2,412,287.50, with Ghilotti Bros., Inc. performing $1,161,229.50 of
the base bid work with its own organization (48.2%) and its subcontractors performing
$1,251,058.00 of the base bid work (51.8%); and
WHEREAS, Ghilotti Construction Company filed a letter, dated March 10, 2017,
protesting the award of the construction agreement to Ghilotti Bros., Inc. on the grounds that
Ghilotti Bros., Inc.'s base bid was not in compliance with the requirement in Section 3.03 of the
Instruction to Bidders that a contractor perform 50% of the original total contract price with their
own organization, due to Ghilotti Bros., Inc.'s 1.8% deviation from the 50% work requirement in
its base bid; and
WHEREAS, City staff recommends that the City Council waive Ghilotti Bros., Inc.'s
1.8% deviation in its base bid from the 50% work requirement of Section 3.03 of the Instruction
to Bidders, as being inconsequential and not providing any unfair competitive advantage to
Ghilotti Bros., Inc. over the other bidders, and reject the protest by Ghilotti Construction
Company to Ghilloti Bros., Inc.'s bid;
WHEREAS, there are sufficient funds in the Traffic Mitigation Fund, #246, and in the
Gas Tax Fund, #206, to support the expenditures under the Agreement for the aforementioned
project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The City Council waives the 1.8% deviation from the contractor 50% work
requirement in Ghilotti Bros., Inc.'s base bid, as being inconsequential, and not
providing an unfair competitive advantage to Ghilotti Bros., Inc. over any other
bidders, rejects the protest by Ghilotti Construction Company to Ghilotti Bros.
Inc.'s bid, and finds Ghilotti Bros. Inc. the lowest responsible and responsive
bidder on the base bid for the aforementioned project.
2. The Base Bid plus the Bid Alternative from Ghilotti Bros., Inc. are hereby
accepted at the unit prices stated in its bid, and the agreement for the
aforementioned project work and improvements is hereby awarded to Ghilotti
Bros., Inc. at the stated unit prices.
3. The City Manager and the City Clerk are authorized and directed to execute an
agreement for the aforementioned project with Ghilotti Bros., Inc., in the form
attached to the Staff Report supporting this Resolution and incorporated herein by
reference, subject to final approval as to form by the City Attorney, in the amount
of $2,616,168.00, and to return the bidder's bond upon the execution of the
agreement.
4. Funds totaling $3,142,893.20 are hereby appropriated for City Project No. 11171,
from the Traffic Mitigation Fund, #246.
5. Funds totaling $228,400 are hereby appropriated for City Project No. 11171, from
the Gas Tax Fund, #206.
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 3rd day of April, 2017 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Colin
ESTHER C. BEIRNE, City Clerk
RESOLUTION NO. 14306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH COASTLAND CIVIL ENGINEERING, INC. FOR
INSPECTION SERVICES ASSOCIATED WITH THE FREITAS AND LAS GALLINAS
INTERSECTION IMPROVEMENTS PROJECT, AND THE FREITAS AND LOS GAMOS
INTERSECTION IMPROVEMENTS PROJECT IN THE AMOUNT NOT TO EXCEED
$127,000
WHEREAS, the City has advertised and received contractor bids for Freitas and Las
Gallinas Intersection Improvements Project, and the Freitas and Los Gamos Intersection
Improvements Project, City Project 11171; and
WHEREAS, due to a staffing shortage, the City requires outside professional assistance
to provide the construction inspection services for the aforementioned project; and
WHEREAS, staff received a proposal for the required construction inspection services
dated February 7, 2017, and a fee proposal letter dated March 1, 2017, from Coastland Civil
Engineering, Inc.; and
WHEREAS, staff has reviewed the proposal and fee proposal letter for $127,000 from
Coastland Civil Engineering, Inc. and has found it to be complete and within industry standards;
and
WHEREAS, there are sufficient funds in the Traffic Mitigation Fund for this
expenditure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby approves and authorizes the City Manager to execute a Professional Services
Agreement between Coastland Civil Engineering, Inc and the City, in the form attached to the
Staff Report supporting this Resolution and incorporated herein by reference, subject to final
approval as to form by the City Attorney, in an amount not to exceed $127,000.
BE IT FURTHER RESOLVED 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 on Monday, the 3rd day of April, 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Colin
ESTHER C. BEIRNE, City Clerk
IMINIL, MiNdITI1
G H I L 0 T T I
Since 1914
March 10, 2017
To: Bill Guerin
Director of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Re: Freitas and Las Gallinas Intersection Improvements
City Project No. 11171
Bid Date: March 7, 2017
Dear Mr. Guerin,
On Tuesday, March 7, 2017, Ghilotti Construction Company, Inc. (Ghilotti) bid the above referenced
project and, at the time of the bid opening, was the 2°d apparent low bidder. This letters serves as a formal
protest of the bid submitted by Ghilotti Bros., Inc. (GBI), the apparent low bidder.
GBI did not comely with the Instructions to Bidders
Section 3.03 — Subcontracts, of the Instructions to Bidders states, "The Contractor shall perform with his
own organization, contract work amounting to 50 percent of the original total contract price..." GBI did not
comply with this requirement. Instead, GBI subcontracted 51.8% of the work leaving just 48.2% of the
work to perform with its own organization. Please see the table below.
Subcontractors listed by GBI
Dollar Amount
1)
Valentine Corp
$698,250.00
2)
St. Francis Electric
$339,000.00
3)
Marina Landscape
$195,000.00
4)
Bayside Stripe & Seal
$18.808.00
Total subcontracted dollars = $1,251,058.00
GBI Grand Total Bid = $2,412,287.50
Percent of subcontracted work = 51.8%
Work performed by GBI organization = 48.2%
GBI did not comply with the requirement to perform at least 50 percent of the contract work with its own
organization.
Accordingly, Ghilotti Construction requests that the City of San Rafael deem the bid submitted by GBI to
be non-responsive.
'T_hzMk you for considering this m er.
omas Smith
Estimating Manager
— Engineering Contractor —
246 GHILOTTI AVENUE - SANTA ROSA, CA 95407 •707-585-1221 • FAX: 707-585-0129
www.ghilotti.00m
STATE CONTRACTORS LICENSE #84515
i r J
0140, 100 YEARS General Engineering Contractors — Excavating, Paving, Grading, Concrete, Underground
525 JACOBY STREET • SAN RAFAEL, CA 94901 • TELEPHONE (415) 454-7011 . Fax (415) 454-8376
STATE CONTRACTORS LICENSE# 132128
March 14, 2017
City of San Rafael
Department of Public Works
111 Morphew Street
San Rafael, CA 04915
Subject: Freitas and Las Gallinas Intersection Improvements, City Project No. 11171
Ghilotti Bros., Inc. ("GBI") Bid No. MR 17028
Response to Ghilotti Construction Company ("GCC") Bid Protest (3/10/17)
Attn: Stephanie Gindlesperger, P.E.
Dear Ms. Gindlesperger,
GBI is in receipt of the bid protest letter dated March 10, 2017 filed against our bid by Ghilotti Construction
Co. (GCC). GCC incorrectly alleges that GBI is not performing 50% of the original total contract price. As
shown below, GCC's protest is without merit and summarily denied.
Section 3.03 of the Instructions to Bidders requires that the successful bidder perform with its own
organization contract work amounting to at least 50 percent of the original total contract price to be awarded
by the City. As you are aware, GBI bid $2,412,287.50 for the base bid and $203,880.50 for Alternate 1, for a
total contract price in the amount of $2,616,168.00. This is the "total contract price" to be utilized in
determining whether GBI will be self -performing at least 50% of the awarded project work.
In its bid, GBI confirms that its proposed subcontractors will be performing original contract work with a
value of $1,251,058.00, or 47.8% of the total contract award amount of $2,616,168.00. Stated differently,
GBI is self -performing 52.20% of the work and is thus in conformity with the percentage requirements of
Section 3.03 of the Instructions to Bidders.
Based upon the above, GBI respectfully requests that the bid protest submitted by GCC be rejected as having
no merit and the contract be awarded to GBI as the lowest responsive and responsible bidder.
Sincerely
Thomas G. Barr
Vice President of Estimating
Sent via email: Stephanie.Gindlesperger@cityofsanrafael.org
www.ghilottibros.com
City of San Rafael ♦ California
Construction Agreement
for
Freitas and Las Gallinas Intersection Improvements
This Agreement is made and entered into this [D day of 0PR11— 2017 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:
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: Freitas and Las Gallinas
Intersection Improvements, City Project No. 11171, 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 Contracotr 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, including all punchlist work, within One Hundred and Twentv (120)
Workine 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 $3,000 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 ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
Base Bid
1.
Mobilization
I
LS
;i
$70,000.00
= $70,000.00
2.
Signs and Traffic Control
1
LS
a
$75,000.00
— $75,000.00
3.
Clearing and Grubbing
1
LS
«
$320,000.00
-- $320,000.00
4.
Aggregate Base (Class II)
2,000
TON
a
$60.00
— $120,000.00
5.
Minor Concrete — Minor Structures
a. Type A Curb and Gutter
1,220
LF
@
$45.00
— $54,900.00
AGREEMENT -1
L I INITIAL
Zl•7p�1�-
ITEM
6
7
8
9.
10.
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
b. Type E Curb
720
LF
@
$35.00
= $25,200.00
c. Curb Ramp - Case A
6
EA
@
$2,200.00
= $13,200.00
d. Curb Ramp — Modified Case A
I
EA
@
$2,500.00
= $2,500.00
e. Curb Ramp— Case C
1
EA
a
$3,100.00
= $3,100.00
f. Curb Ramp Modified Case C
1
EA
a
$2,700.00
= $2,700.00
g. Modified West Bridge Curb Ramp
1
EA
@
$3,800.00
= $3,800.00
h. 4 -Inch Thick PCC Sidewalk (Type A'B)
5,000
SF
@
$8.50
= $42,500.00
i. Cobblestone Island Median
1,010
SF
a
$28.00
= $28,280.00
j. Type B Storm Drain Manhole
I
EA
a
$7,000.00
= $7,000.00
k. Type E Catch Basin
6
EA
a
$4,000.00
= $24,000.00
I. 24"x24" Drainage Inlet
1
EA
a
$2,600.00
= $2,600.00
Full -Width Grind"
99,120
SF
@
$0.60
= $59,472.00
Hot Mix Asphalt
1,890
TON
«
$150.00
= $283,500.00
Storm Drain Pipe
a. PVC (8" SDR 26)
7
LF
«
$384.00
$2,688.00
b. PVC (12" SDR 26)
40
LF
r,
$350.00
$14,000.00
c. PVC (15" SDR 26)
24
LF
a
$245.00
$5,880.00
d. PVC (30" SDR 26)
4
LF
a
$1,100.00
$4,400.00
Pedstrian Barricade
2
EA
a
$800.00
$1,600.00
Adjust Existing Facilities to Grade
a. Adjust SSMH Manhole Casting to Grade
4
EA
a
$900.00
$3,600.00
b. Adjust AT&T Manhole Casting to Grade
1
EA
a
$900.00
$900.00
c. Adjust Gas Valve Riser to Grade
3
EA
a
$600.00
$1,800.00
d. Adjust Water Valves to Grade
6
EA
d`
$450.00
$2,700.00
e. Adjust Water Meter Box to Grade
I
EA
a
$1,200.00
= $1,200.00
AT&T Conduit and Coordination
I
LS
a
$2,000.00
= $2,000.00
Traffic Signal Modification
1
LS
@
$339,000.00
= $339,000.00
Roadside Signs
AGREEMENT•2
ITEM DESCRIPTION
1. Mobilization
2. Signs and Traffic Control
3. Clearing and Grubbing
4. Aggregate Base (Class II)
5. Minor Concrete Minor Structures
ESTIMATED
QUANTITY
a. Install New Sign(s) on New Post
b. Relocate Existing Sign to New Post
14.
Striping and Pavement Markings
EA
a. Install Detail 9 Stripe (Thermoplastic)
$350.00
b. Install Detail 24 Stripe (Thermoplastic)
10
c. Install Detail 38 Stripe (Thermoplastic)
@
d. Install Detail 38A Stripe (Thermoplastic)
= $1,750.00
e. Install Detail 39 Stripe (Thermoplastic)
LF
f. Install Detail 39A Stripe (Thermoplastic)
$0.55
g. Yellow Curb
580
h. Red Curb
@
i. Pavement Markings (Thermoplastic)
15.
Landscape Improvements
16.
Bioretention Improvements
17.
Helical Piles
18.
Drilled Concrete Piers and Shafts
19.
Cast in Place Concrete
= $1,215.00
a. Retaining Walls
LF
b. Bridge Abutments
$0.85
c. Bridge Railing
20.
Precast, Prestressed Hollowcore Plank
21.
Arbor and Bench
Alternate Bid Item No. 1
1. Mobilization
2. Signs and Traffic Control
3. Clearing and Grubbing
4. Aggregate Base (Class II)
5. Minor Concrete Minor Structures
ESTIMATED
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
12
EA
a
$350.00
$4,200.00
10
EA
@
$175.00
= $1,750.00
1,520
LF
a
$0.55
= $836.00
580
LF
@
$0.75
= $435.00
40
LF
a
$1.50
$60.00
810
LF
a
$1.50
= $1,215.00
1,680
LF
a
$0.85
= $1,428.00
350
LF
a
$0.45
= $157.50
24
LF
a
$1.50
= $36.00
400
LF
«
$1.50
= $600.00
1,500
SF
a
$3.50
= $5,250.00
1
LS
@
$195,000.00
= $195,000.00
630
SF
a
$20.00
= $12,600.00
35
EA
@
$5,300.00
= $185,500.00
480
LF
a
$270.00
= $129,600.00
600
SF
@+
$180.00
= $108,000.00
4
EA
a
$13,000.00
= $52,000.00
70
LF
a
$130.00
= $9,100.00
1
LS
a
$180,000.00
= $180,000.00
1
LS
@
$7,000.00
= $7,000.00
1
LS
a
$5,000.00
= $5,000.00
1
LS
@
$15,000.00
= $15,000.00
1
LS
a
$110,000.00
= $110,000.00
230
TON
@
$60.00
= $13,800.00
AGREEMENT -3
ITEM
DESCRIPTION
a. Type A Curb and Gutter
b. Curb Ramp — Case A
c. 4 -Inch Thick PCC Sidewalk (Type A/B)
d. Type E Catch Basin
e. Turning Structure Top
6. Full -Width Grind"
7. Hot Mix Asphalt
8. Storm Drain Pipe
a. PVC (12" SDR 26)
9. Adjust Existing Facilities to Grade
a. Adjust Water Valve Cover to Grade
10, Roadside Signs
a. Install New Sign(s) on New Post
11. Striping and Pavement Markings
a. Install Detail 22 Stripe (Thermoplastic)
b. Red Curb
c. Pavement Markings (Thermoplastic)
12. Landscape Improvements — 3" Mulch
13. Landscape Improvements — Redwood Header
"Final Pay Item
ESTIMATED
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
215
LF
a
$45.00
$9,675.00
2
EA
a
$2,200.00
$4,400.00
950
SF
@
$8.50
— $8,075.00
2
EA
@
$4,000.00
— $8,000.00
1
EA
@
$3,100.00
$3,100.00
2,680
SF
a
$0.60
— $1,608.00
106
TON
a
$150.00
— $15,900.00
12
LF
rr
$350.00
= $4,200.00
4
EA
@
$450.00
$1,800.00
2
EA
@
$175.00
$350.00
40
LF
a
$1.75
= $70.00
85
LF
@
$1.50
= $127.50
42
LF
a
$3.50
- $147.00
870
SF
@
$1.15
= $1,000.50
210
LF
a
$7.75
= $1,627.50
GRAND TOTAL BID: $2,616,168
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,
AGREEMENT -4
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.
(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.
AGREEMENT -5
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this
Agreement the day and year first written above.
ATTEST:
e • I?ae e �
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
AA
_Q
Rob Epstein
City Attorney
CITY OF SAN RAFAEL:
Jim Schto
City Maager
Ghilotti Bros., Inc.:
Printed Name: Michael M. Ghilotti
Title: President/Treasurer
Ghilotti Bros., Inc.:
- A,--" -)� Eat4
Printed Name:
Title:
AGREEMENT -6
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: Ghilotti Bros., Inc.
Contractor's Contact: Tori Hawkins
Contact's Email: torih@ghilottibros.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER
DEPARTMENT DATE Check/Initial
1 Project Manager a. Email PINS Introductory Notice to Contractor 3/8/2017 Z SG
3/8/2017
b. Email contract (in Word) & attachments to City Z SG
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement 3/27/2017 ® LAG
and return to Project Manager 3/27/2017 ® LAG
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 3/28/2017 ® SG
contractor for their signature
4 Project Manager When necessary, * contractor -signed agreement? N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or Or N SG
Public Works Contract > $125,000
Date of Council approval 4/3/2017
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City 3/29/2017 ® SG
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed 1//6117 % N
agreement
7 City Attorney Review and approve insurance in PINS and , and 4116 �I?
bonds (for Public Works Contracts) /
8 City Manager/ Mayor Agreement executed by Council authorized official
i
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager W —
1-f - $ —Lpa'I
AGREEMENT FOR PROFESSIONAL SERVICES WITH
COASTLAND CIVIL ENGINEERING, INC.
FOR CONSTRUCTION INSPECTION SERVICES
This Agreement is made and entered into this 1 {-rN day of 14 AR / L , 2017, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY'), and COASTLAND CIVIL
ENGINEERING, INC. (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that professional services are required for inspection
services in connection with the Freitas and Las Gallinas Intersection Improvements, City Project No.
11171; and
WHEREAS, the CONTRACTOR has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
I . PROJECT COORDINATION.
A. CITY'S Project Manager. The Director of Public Works is hereby designated the
PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the
progress and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. Mike Janet is hereby designated as the PROJECT DIRECTOR for CONTRACTOR.
Should circumstances or conditions subsequent to the execution of this Agreement require a substitute
PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business
days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide the services outlined in the Scope of
Services marked as Exhibit "A," attached hereto, and incorporated herein.
3. DUTIES OF CITY.
CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the
duties as described in Exhibit "A" attached hereto and incorporated herein.
0
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall pay
CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown
in the letter dated March 1, 2017 included in Exhibit "A" attached and incorporated herein, in an amount
not to exceed $127,000.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall commence upon the date of execution of this Agreement and end
on March 20, 2018, or on such earlier date when the work shall have been completed, unless the parties agree
to extend this Agreement for another 90 days, as approved in writing by City Manager.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30)
days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written
notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the
cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15)
day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur
additional obligations under any provision of this Agreement without the prior written consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for
or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as
possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with the
performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said
property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection
and audit, all documents and materials maintained by CONTRACTOR in connection with its performance
2
of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any
such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the other
party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall
be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at
no expense to CITY, the following insurance policies:
A commercial general liability insurance policy in the minimum amount of one
million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily
injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in
the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be performed
under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars
($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of
the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a
professional not required to have a professional license, CITY reserves the right to require CONTRACTOR
to provide professional liability insurance pursuant to this section.
4. If it employs any person, CONTRACTOR shall maintain worker's compensation
and employer's liability insurance, as required by the State Labor Code and other applicable laws and
regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to
CONTRACTOR's officers and employees. CONTRACTOR's worker's compensation insurance shall be
specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in
subparagraph A of this section above shall also meet the following requirements:
Except for professional liability insurance and worker's compensation insurance,
the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and
volunteers, as additionally named insureds under the policies.
3
2. The additional insured coverage under CONTRACTOR'S insurance policies shall
be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's
insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in
CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13.
3. Except for professional liability insurance, the insurance policies shall include, in
their text or by endorsement, coverage for contractual liability and personal injury.
4. The insurance policies shall be specifically endorsed to provide that the insurance
carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies
except upon ten (10) days written notice to the PROJECT MANAGER.
5. If the insurance is written on a Claims Made Form, then, following termination of
this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement coinciding
with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit
of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance
shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be
available to CITY or any other additional insured party. Furthermore, the requirements for coverage and
limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage
and maximum limits of coverage of any insurance policy or proceeds available to the named insured;
whichever is greater.
C. Deductibles and SIR'S. Any deductibles or self-insured retentions in CONTRACTOR's
insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and
shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall
provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other
additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY
shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing
payment of losses and related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or
CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage
required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all
policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or
specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY
reserves the right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later.
The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City
Attorney.
IL . INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless
CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and
against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited
to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising
out of CONTRACTOR'S performance of its obligations or conduct of its operations under this
Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or
contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that
liability is caused by the active negligence or willful misconduct of the City Indemnitees, the
CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees'
share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event
the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall
provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their
costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.
B. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement,
and shall survive the termination or completion of this Agreement for the full period of time allowed by
law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex,
race, color, religion, ancestry, national origin or disability in connection with or related to the performance of
its duties and obligations under this Agreement.
5
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement.
CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances,
codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its
officers, agents and employees from any and all damages, liabilities, penalties, fines and all other
consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any
third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the
other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or deposited
with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified.
Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with
the United States Postal Service. Notice shall be given as follows:
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Bill Guerin
Public Works Director
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Mike Janet
1400 Neotomas Avenue
Santa Rosa, CA 95405
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and
employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY.
CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers,
agents and employees be that of an Independent Contractor and not that of an employee of CITY.
6
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject
matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject matter of
this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except by a
written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and
conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and
conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under
this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract
or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of this
Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term,
covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or
other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of
any fee, performance, or other consideration which may become due or owing under this Agreement, shall
not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition,
covenant of this Agreement or any applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or
arising out of the performance of this Agreement, may recover its reasonable costs (including claims
administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business
license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and
7
federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed
under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue
Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year
first above written.
CITY OF SAN RAFAEL
JIM SCUT , City Mana er
ATTEST:
fzs
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN ity Ait ey
8
CONTRACTOR
By:
Name:
Title: ;J
By: % - !� 1 l ✓ l/
Name: �a i w- L/'adc
Title: C C--0
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: Coastland Civil Engineering, Inc.
Contractor's Contact: Mike Janet
Contact's Email: janet@coastlandcivil.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
3/2/2017
. SG
3/2/2017
b. Email contract (in Word) & attachments to City
® SG
Atty c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
3/2/2017
Z LAG
and return to Project Manager
3/2/2017
® LAG
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
3/2/2017
® SG
contractor for their signature
4
Project Manager
When necessary, * contractor -sinned agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
® SG
Public Works Contract > $125,000
3/20/2017
Date of Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
3/8/2017
® SG
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
agreement
7
City Attorney
Review and approve insurance in PINS and , and
bonds for
31,31»
Public Works Contracts
8
City Manager/ Mayor
Agreement executed by Council authorized official
9
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
L4— 3— 1'7
��
hP� RAFq�`
F
2
r, y"
T� WITH Ad
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 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 3/20/2017
From: Bill Guerin
Department: Public Works
Date: 3/8/2017
Topic: FREITAS AND LAS GALLINAS INTERSECTION IMPROVEMENTS
Subject: ADOPTION OF RESOLUTIONS RELATED TO THE FREITAS AND LAS
GALLINAS INTERSECTION IMPROVEMENTS PROJECT, CITY PROJECT NO. 11171:
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING
THE CONSTRUCTION CONTRACT FOR THE FREITAS AND LAS GALLINAS INTERSECTION
IMPROVEMENTS PROJECT TO GHILOTTI BROS., INC., IN THE AMOUNT OF $2,616,168
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
COASTLAND CIVIL ENGINEERING, INC. FOR INSPECTION SERVICES ASSOCIATED WITH
THE FREITAS AND LAS GALLINAS INTERSECTION IMPROVEMENTS PROJECT, IN THE
AMOUNT OF $127,000.00
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
® Finance Director
Remarks: Approved w/one minor change as discussed with Bill -Van Bach
® City Attorney
Remarks: Approved w/ changes to Staff Report, Resolutions and Agreement.ETD.3-28-17
® Author, review and accept City Attorney / Finance changes
Remarks: Reviewed report and accepted any changes - SG
® City Manager
:0111111MWi
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition: