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HomeMy WebLinkAboutPW Peacock Gap Spring RepairCity of San Rafael * California Form of Contract Agreement for Informal Bids Peacock Gap Spring Repair This Agreement is made and entered into this 970day of HP4 y . 2017 by and between the City of San Rafael (hereinafter called City) and W.R. Forde Associates, 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, equipment, and labor necessary to perform the work for the project entitled "Peacock Gap Spring Repair," all in accordance with the requirements and provisions of the Construction Plans attached hereto as Attachment A. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3. Bonds. The Contractor shall provide and maintain during the course of the project, a Labor and Materials Bond issued by a surety admitted in California, to cover the work under this Agreement, in the amount of $74,210.00 4. 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, including punchlist items, shall be completed within 10 Workine Days. and with such reasonable extensions of time as may be requested by Contractor and approved by City. 5. 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 working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 6. 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 untis for work in the following scheduled completed at the unit price stated. The number of units contained in this schedule is approximately 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 Mobilization 2. Signs and Traffic Control 3. Clearing and Grubbing 4. Full Width Grind 5. '4" Clean Drain Rock BID ITEMS ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY LS g $5,000.00 — $5,000.00 LS a $8,000.00 = $8,000.00 LS a $10,000.00 = $10,000.00 4070 SF @ $2.00 = $8,140.00 60 CY a $100.00 = $6,000.00 Agreement • 1 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 6. Hot Mix Asphalt a. Asphalt Concrete Overlay 85 TON a, $250.00 = $21,250.00 7. Pipe and Storm Drain Work a. Solid 6" PVC Pipe Schedule 80 120 LF a $44.00 = $5,280.00 b. Preforated 6" PVC Pipe Schedule 80 160 LF a $44.00 = $7,040.00 c. Geotextile Febric 1400 LF a $1.00 = $1,400.00 8. Install Clean Out Box (G-5) 14 EA a $150.00 = $2,100.00 GRAND TOTAL SUM $74.210.00 7. 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) 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. 8. 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, shall be paid to the Contractor by the City as soon as possible, (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. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9. Insurance. Agreement • 2 (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. 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 it employs any person, Contractor shall maintain worker's compensation insurance, as required by the State of California, with statutory limitis, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury and disease. 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: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 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 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. 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 City. 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 City, 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 Agreement • 3 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 City 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 City. 10. Indemnifcation. (a) 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. 11. 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. 12. 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. 13. 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. 14. 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: Agreement • 4 To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: W.R. Forde Associates 984 Hensley Street Richmond, CA 94801 15. Independent Contractor. 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. 16. 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. 17. 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. 18. 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 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). 19. Warranty. (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City. Agreement • 5 (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Jim Schllt_ 1 City Manage(J ATTEST: W.R. Forde Associates By: Esther C. Beirne Printed Name icer: City Clerk Title: Donald J Russell, CEO W.R. Forde Associates, Inc APPROVED AS TO FORM: and, Robert F. Epstein City Attorney File No.: 16.16.16 /�w&&/q/ �41 &W anted Name of fficer: Title: Agreement • 6 Candace Clapp, CFO W.R. Forde Associates, Inc Attachment A I PRICES OF ITEMS NOTE: In the event of error or conflict in the prices set forth below, the "Unit Price" will govern. In the event that the "Unit Price" is illegible or indistinguishable it shall be established by dividing the "Total Price" by the "Number of Units." BASE BID ITEMS ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITY PRICE PRICE 1. Mobilization I LS @ _ 2. Signs and Traffic Control 1 LS @ _ 3. Clearing and Grubbing 1 LS @ _ 4. Full Width Grind 4,070 SF @ 5. 314" Clean Drain Rock 60 CY @ _ 6. Hot Mix Asphalt = a. Asphalt Concrete Overlay 85 TON @ _ 7. Pipe and Storm Drain Work a. Solid 6" PVC Pipe Schedule 80 120 LF @ _ b. Perforated 6" PVC Pipe Schedule 80 160 LF @ — c. Geotextile Fabric 1400 SF @ — 8. Install Clean out box (G-5) 14 EA @ _ BASE BID $ (BASE BID WRITTEN IN WORDS) NOTES: The contract will be awarded to the lowest responsible and responsive bidder based upon the Base Bid. The City reserves the right to delete any item of work shown. The Contractor shall conduct a detailed field review of the project area prior to bid to review the existing conditions. Submittal of bid signifies a full understanding of project issues, existing utilities and conditions in the project area. The Contractor shall have a "Class A" contractor's license in good standing registered in the state of California. The Contractor shall comply with section 1771.1 (a) of the Labor Code which states the following: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the Attachment A I requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. CITY OF SAN RAFAEL, CALIFORNIA DEPARTMENT OF PUBLIC WORKS CMEMORANDUM DATE: April 21, 2017 FILE NO. 16.16.16 TO: Lisa Goldfien, Deputy City Attorney Jim Schutz, City Manager FROM: Bill Guerin, Public Works Director /��'!/, j4 SUBJECT: Peacock Gap Spring Repair Informal Construction Contract Award Biscayne Drive has deteriorated in a specific area in front of the Peacock Gap Golf Course due to a natural spring. Our Streets Division has applied temporary patches over several years that continue to fail due to the amount of water under the roadway. In order to repair the damaged area and prevent future damage from subterranean water, our Engineering Division has developed a plan to install sub drains, drain rock, and a geotextile fabric under this section of Biscayne Drive. Excavation of the roadway is needed with resurfacing to follow the installation of a drainage system. This informal project was advertised for bid on Monday April 3, 2017 and on Tuesday April 18, 2017 the following bids were received: Bidder Amount W.R. Forde Associates $74,210.00 Wildcat Engineering $85,030.00 Ghilotti Construction Company $111,560.00 The Engineer's Estimate for the project was $61,000. This unanticipated project, which was not identified on the City's Capital Improvement Program, has not been discussed with the general public. It is anticipated that our staff will communicate directly with the Peacock Gap Golf Course to minimize any access impact to this property. The work is only anticipated to last a few days. The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid from W.R. Forde Associates in the amount of $74,210 falls within the allocated project budget. FUNDING SOURCE: Project Funding Sources Gas Tax Fund (#206) EXPENSES: Category Remaining Expenses Construction Contract Construction Contingency plus testing (Approx. 15%) Total Project Cost Allocation $92,210 Amount I Notes $74,210 Base bid contract amount $18,000 $92,210 Informal Contract Award April 21, 2017 Page 2 of 2 Public Works staff designed, will inspect, and manage this project. These costs are not shown in the tables above. We anticipate this work occurring in the middle of May and not lasting more than a week. Please sign the attached construction contracts and return them to us for finalization. Enclosures: Agreement WA16 Streets\16.16 Construction Projects Informal\16.16.16 Biscayne and Partridge\Correspondence\Memorandums\20174-21 - Award - City manager.doc 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: Shawn Graf Extension: 5347 Contractor Name: W.R. Forde Associates Contractor's Contact: David Voorhis Contact's Email: dave@wrforde.net ❑ 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 4/19/2017 N SG 4/19/2017 b. Email contract (in Word) & attachments to City N SG Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 4/24/2017 N ETD and return to Project Manager 4/24/2017 N ETD 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 4/24/2017 N SHG contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement N N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 4/26/2017 N SHG Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed �( //7 agreement 7 City Attorney Review and approve insurance in PINS and , and F 7 bonds (for 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