HomeMy WebLinkAboutPW Third Street at Hetherton Street Improvements____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-1-769
Council Meeting: 02/18/2020
Disposition: Resolution 14765
Agenda Item No: 5.i
Meeting Date: February 18, 2020
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
File No.: 18.01.83
TOPIC: THIRD STREET AT HETHERTON STREET IMPROVEMENTS
SUBJECT: A RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION AGREEMENT FOR THE THIRD STREET AT
HETHERTON STREET IMPROVEMENTS PROJECT WITH GHILOTTI BROS.
INC. IN THE AMOUNT OF $398,983, AND AUTHORIZING CONTINGENCY
FUNDS IN THE AMOUNT OF $61,017, FOR A TOTAL APPROPRIATED
AMOUNT OF $460,000.
RECOMMENDATION: Adopt a resolution awarding and authorizing the City Manager to execute
a construction agreement for the Third Street at Hetherton Street Improvements project to Ghilotti
Bros. Inc. in the amount of $398,983 and authorizing contingency funds in the amount of $61,017,
for a total appropriated amount of $460,000.
BACKGROUND: The intersection at Third Street and Hetherton Street is one of the most heavily
congested locations in San Rafael. It is also highly traversed by pedestrians traveling between
the downtown area, Caltrans Park-and-Ride lots, nearby schools, the SMART train station, and
the San Rafael Transit Center. The frequent usage generates high traffic volumes and ensuing
congestion. In January 2017, the City Council awarded Kimley-Horn and Associates a contract to
study the intersection for safety improvements. The City also obtained a federal grant in the
amount of $583,900 to support design and construction expenses associated with the proposed
improvements.
In November 2018, the City Council awarded an engineering design contract to Kimley-Horn and
Associates to prepare the construction drawings and obtain environmental clearance. On
December 17, 2018, the final scope of work was deliberated by City Council, which included the
removal of the south-leg crosswalk and installation of a new crosswalk on the east-leg of the
intersection, refurbishment of signing and striping, and traffic signal improvements. Following
extensive coordination with Caltrans to obtain an encroachment permit and receive environmental
clearance, the project has been cleared for construction. On December 11, 2019, the project was
advertised in accordance with San Rafael’s Municipal Code.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Initially, the project was slated to be completed by Fall 2020. However, with the proposed contract
award, the project will be delivered slightly ahead of schedule with an anticipated completion date
of July 2020.
ANALYSIS: On January 29, 2020 at 10:00 AM the following bids were received and read aloud:
NAME OF BIDDER AMOUNT NOTES
Ghilotti Bros. Inc $398,983
St. Francis Electric, LLC $429,000 Nonresponsive, Incomplete
proposal
CF Contracting $435,700
W. Bradley Electric $488,636
The construction bids have been reviewed by Public Works staff and the low bid from Ghilotti
Bros., Inc. in the amount of $398,983 was found to be both responsive and responsible. City staff
recommends awarding the construction contract to Ghilotti Bros. Inc. for the amount bid, and also
recommend the City Council authorize a construction contingency of approximately fifteen percent
in an amount of $61,017, for a total authorized amount of $460,000.
PUBLIC OUTREACH: Over the past two years, Public Works staff held several meetings and
outreach events during the study and design phases of the project to solicit feedback from
community members. Meetings held include:
November 8, 2017 – San Rafael Bicycle and Pedestrian Advisory Committee (BPAC)
November 15, 2017 – Federation of San Rafael Neighborhoods
January 17, 2018 – Point San Pedro Road Coalition
July 2, 2018 – City Council accepted initial Study recommendations
November 5, 2018 – City Council awarded a design contract
November/December 2018 – City staff met individually with BPAC committee members,
Sustainable San Rafael, and Marin Transit officials to explain the reasoning for the
decision to relocate the crosswalk
December 17, 2018 – City Council accepted revised Study recommendations
July 15, 2019 – City Council amended a design contract
The project design advertised to contractors is in accordance with the revised staff
recommendations presented to the City Council on December 17, 2018, in which the Council
approved removal of the south-leg crosswalk and installation of a new crosswalk on the east-leg
of the intersection. One new wheelchair ramp will be installed on the northeast corner. Initially,
City staff proposed sidewalk bulb-outs on the northwest corner (i.e., Citibank corner) and on the
southwest corner at the Transit Center. These bulb-outs were removed from the project design at
Caltrans’ request and/or concerns that Golden Gate Transit buses could not safely turn without
hitting the proposed curbs.
Public Works will contact affected neighbors, businesses, and other groups to ensure that the
public is aware of the upcoming construction project via social media channels, the City website,
and changeable message signs located at the intersection of Third Street and Irwin Street.
FISCAL IMPACT: Staff proposes to fund construction of this project utilizing $460,000 in federal
Highway Safety Improvement Program grant funds. Field inspection and project management will
be performed in-house by City staff.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
OPTIONS:
1. Adopt the resolution as presented.
2. Do not award the contract and direct staff to rebid the project. If this option is chosen,
rebidding will delay construction by approximately two months.
3. Do not award the contract and direct staff to stop work on the project. If the City does not
advance the project into construction, we will be required to pay back the State of
California $60,000 for federal funds utilized to date for design and environmental
clearance.
ATTACHMENT:
1. Resolution
2. Agreement
RESOLUTION NO. 14765
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION
AGREEMENT FOR THE THIRD STREET AT HETHERTON STREET
IMPROVEMENTS PROJECT TO GHILOTTI BROS. INC. IN THE AMOUNT OF
$398,983, AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF
$61,017 FOR A TOTAL APPROPRIATED AMOUNT OF $460,000
WHEREAS, having advertised and solicited construction bids in accordance with
the City’s Municipal Code, the City Clerk did publicly open, examine, and declare all
sealed bids on the 29th day of January 2020 for the following project entitled:
“Third Street at Hetherton Street Improvements Project”
City Project No. 11320
in accordance with the plans and specifications therefore on file in the office of the
Department of Public Works; and
WHEREAS, the bid of $398,983 from Ghilotti Bros. Inc. at the unit prices stated
in its bid, was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder; and
WHEREAS, staff has recommended that the project budget include a
contingency amount of $61,017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The bid of Ghilotti Bros. Inc.is hereby accepted at the unit prices stated in
its bid, and the contract for said work and improvements is hereby
awarded to Ghilotti Bros. Inc., at the stated unit prices.
2. The City Manager is authorized and directed to execute the contract for
the project with Ghilotti Bros. Inc. at the bid amount, subject to final
approval as to form by the City Attorney, and to return the bidder’s bond
upon the execution of the contract.
3. The City Council approves and appropriates $460,000 in federal Highway
Safety Improvement Program (HSIP) grant funds to cover expenses for
this project.
4. 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, LINDSAY LARA, 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 Tuesday, the 18th day of February 2020 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, McCullough & Mayor Pro Tem Colin
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: Gamblin & Mayor Phillips
LINDSAY LARA, City Clerk
Contract
This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and
Ghilotti Bros. Inc. ("Contractor"), for work on the Third Street at Netherton Street Improvements
Project("Project").
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid
/'
Proposal to perform the Work to construct the Project. On � 20" City
authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are
comprised of all of the documents listed below. The definitions provided in Article 1 of the General
Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment, Performance, and Warranty Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Award;
2.12 Notice to Proceed;
2.13 Uniform Standards All Cities and County of Marin (available online at:
https://www.madncounty.orci//media/files/der)artments/pw/engi need n4/2018-ucs-com plete-
set.pdf?la=en); and
2.14 The following:
Appendix A — Federal Bidding Requirements
Appendix B — Federal Contract Requirements
FHWA-1273
Federal Minimum Wage Rates
3. Contractor's Obligations. Contractor will perform all of the Work required for the Project, as
specified in the Contract Documents. Contractor must provide, famish, and supply all things
necessary and incidental for the timely performance and completion of the Work, including all
necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities,
unless otherwise specified in the Contract Documents. Contractor must use its best efforts to
diligently prosecute and complete the Work in a professional and expeditious manner and to meet
or exceed the performance standards required by the Contract Documents, and in full compliance
with Laws.
4. Payment. As full and complete compensation for Contractor's timely performance and completion
of the Work in strict accordance with the terms and conditions of the Contract Documents, City will
Jpay Contractor $398,983 ("Contract Price") for all of Contractor's direct and indirect costs to perform
the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all
overhead costs, in accordance with the payment provisions in the General Conditions.
Third Street at Hetherton Street
Improvements Project 2019 Form CONTRACT
City Project No. 11320 Page 1
5. Time for Completion. Contractor will fully complete the Work for the Project within 60 calendar
days from the commencement date given in the Notice to Proceed ("Contract Time"). By signing
below, Contractor expressly waives any claim for delayed early completion.
Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will
assess liquidated damages in the amount of $1,500 per day for each day of unexcused delay in
completion, and such liquidated damages may be deducted from City's payments due or to become
due to Contractor under this Contract.
Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of
Division 2 of the Labor Code, including requirements pertaining to wages, working hours
and workers' compensation insurance, as further specified in Article 9 of the General
Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable
to the locality in which the Work is to be performed for each craft, classification or type of
worker needed to perform the Work, including employer payments for health and welfare,
pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates
are available online at http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the
bidder and its Subcontractors are registered with the California Department of Industrial
Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal
exceptions.
8. Workers' Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract,
Contractor certifies as follows: "I am aware of the provisions of Labor Code § 3700 which require
every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such provisions
before commencing the performance of the Work on this Contract."
9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance
or requirement, or in violation of any California law, including Govemment Code § 1090 et seq., or
the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying
regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and will have
control of the Work and the means and methods by which it is performed. Contractor and its
Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or
any other employee benefits from City.
Third Street at Hetherton Street
Improvements Project 2019 Form CONTRACT
City Project No. 11320 Page 2
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be
made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery,
except that service by U.S. Mail is deemed effective on the second working day after deposit for
delivery. Notice for each party must be given as follows:
City:
City Clerk's Office
1400 Fifth Avenue, Room 209
San Rafael, CA 94901
Attn: City Clerk
Copy to: Director of Public Works
Email: Bill. Guerin()cityofsanrafael.oro
Contractor:
Name: Ghilotti Bros. Inc.
Address:525 Jacoby Street
City/State/Zip: San Rafael, CA 94901
Phone: 415-265-7011
Attn: Dennis Huette
Email: dennish@ghilottibros.com
Copy to: Susan Harward
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City's written consent. This Contract is binding on
Contractor's and City's lawful heirs, successors and permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Marin County Superior Court, and no other place. Contractor waives any right
it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any
action arising from or relating to this Contract to a venue outside of Marin County,
California.
12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in
a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein, including
authorized amendments or Change Orders thereto, constitute the final, complete, and
exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be illegal,
invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract
Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by
signing below, that it is not identified on a list created under the Iran Contracting Act, Public
Third Street at Hetherton Street
Improvements Project 2019 Form CONTRACT
City Project No. 11320 Page 3
Contract Code § 2200 et seq. (the "Act"), as a person engaging in investment activities in
Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized to do
so by the party that he or she represents, and that this Contract is legally binding on that
party. If Contractor is a corporation, signatures from two officers of the corporation are
required pursuant to California Corporation Code § 313. If Contractor is a partnership, a
signature from a general partner with authority to bind the partnership is required.
[Signatures are on the following page.]
Third Street at Netherton Street
Improvements Project 2019 Form CONTRACT
City Project No. 11320 Page 4
The parties agree to this Contract as witnessed by the signatures below:
CITY:
s/
Jim t� City anager
Date: Z�
Attest:
s/
.,e • AL4Ae1z,�►�' fir G • L
Lindsay Lara, City Clerk ' I
Date: 0
2",?z
CONTRACTOR: Ghilotti Bros., Inc.
Business Name
��► %r MAN
Michael M. Ghilotti, President
Name, Title
Date: 31 Z 17,0 `-j=
Second Signature (See Section 12.8):
s/
Mario M. Ghilotti, Secretary
Name,Title
Date:
Approved as to form:
s/
$0"obert F. Epstein, City Attorney
Date:
Seal:
Contractor's California License Number(s) and Expiration Date(s)
END OF CONTRACT
Third Street at Hetherton Street
Improvements Project 2019 Form CONTRACT
City Project No. 11320 Page 5
RAP,
���!
1
ii I
A 2
�, 0
iTr WITH P tl �
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: Ghilotti Bros, Inc.
Contractor's Contact: Debbie Patterson Contact's Email: debbiep@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
Click here (o
❑
enter a date.
b. Email contract (in Word) and attachments to City
Click here to
Attorney c/o Laraine.Gittens@cityofsanrafael.org
enter a date.
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
('lick. here to
and return to Project Manager
enter a date.
❑
b. Confirm insurance requirements, create Job on
Click. here to
PINS, send PINS insurance notice to contractor
enter Ii date.
❑
3
Department Director
Approval of final agreement form to send to
Click or tap
_
[if lix
contractor
to enter a
clate.3111.
4
Project Manager
Forward three (3) originals of final agreement to
Click here t
_
❑
contractor for their signature
enter a date.
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval
*City Council approval required for Professional Services
�] I
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Date of City Council approval
t�Aa`�'
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
i
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
31 a2b
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
3�I
9
City Manager/ Mayor
Agreement executed by City Council authorized�
official
i
10
City Clerk
Attest signatures, retains original agreement and
��
__1
forwards copies to Project Manager
J