SAN RAFAEL CITY COUNCIL AGENDA REPORT

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1 Agenda Item No: 4.g Meeting Date: March 6, 2017 Department: Public Works SAN RAFAEL CITY COUNCIL AGENDA REPORT Prepared by: Bill Guerin, Director of Public Works TOPIC: ADA-DOJ CURB RAMPS City Manager Approval: File No.: SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT FOR THE ADA-DOJ CURB RAMPS PROJECT #11297 TO QUIMU CONTRACTING, INC., IN THE AMOUNT OF $182,675. RECOMMENDATION: Adopt the resolution authorizing the City Manager to award the construction contract to Quimu Contracting, Inc. BACKGROUND: In August 2004, the City of San Rafael entered into a Settlement Agreement with the Federal Department of Justice (DOJ) to address a lack of compliance with the Americans with Disabilities Act (ADA) and related accessibility issues in City-owned facilities and the public right-of-way. A section of the Agreement calls for the City to construct curb ramps or sloped areas at various intersections to provide access for pedestrians. In 2004, Public Works identified a backlog of 797 curb ramps requiring construction. In 2014, the DOJ agreed to our request to temporarily waive construction of 32 of the original 797 ramps, reducing the City s target to 765 (797-32=765), and to extend the Settlement Agreement expiration date to February To date, the City has installed 453 of the 765 curb ramps. In June 2016, the DOJ agreed to no longer require the City to complete all the curb ramps by February 2019 and has closed its file under the condition that the City will complete its obligation to perform all remedial actions under the Settlement Agreement, including the completion of the 312 curb ramps that remain to be constructed over time, and to continue to allocate a specific amount of funding each year for that purpose. The proposed project includes construction of 12 new ADA compliant curb ramps and related storm drainage improvements along Peacock Drive in the Peacock Gap Neighborhood. In keeping with our standard practices, Public Works staff conducted a multi-modal study of the locations specific to this project to ensure that the most reasonable facilities for all modes of travel were included in the project design. The study was completed on December 30, FOR CITY CLERK ONLY File No.: Council Meeting: Disposition:

2 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The ADA-DOJ Curb Ramps project has been determined to have no significant environmental effect. A Notice of Exemption was filed at the Marin County Clerk s Office on January 9, The project was advertised in accordance with San Rafael s Municipal Code on January 12, The engineer s estimate was $210,000. The following bids were received and read aloud on February 8, 2017, at 11:00 AM: NAME OF BIDDER AMOUNT Quimu Contracting, Inc. $182, FBD Vanguard Construction $182, Coastside Concrete and Construction, Inc. $182, Ghilotti Bros., Inc. $207, Kerex Engineering $213, W.R. Forde Associates $222, J.J.R. Construction, Inc. $234, Maggiora & Ghilotti, Inc. $277, ANALYSIS: The referenced bids have been reviewed by Public Works staff and the bid from Quimu Contracting, Inc. was found to be both responsive and responsible. The low bid from Quimu Contracting, Inc. in the amount of $182,675 falls within the project budget. Constructing curb ramp work at this time of year is challenging due to the potential for weather-related delays. However, the CDBG grant requires completion of the majority of the construction by April 1, Staff therefore recommends awarding the contract at this time in order to complete construction within the time frame dictated by the grant. PUBLIC OUTREACH: Prior to commencement of construction, Public Works staff will send letters to property owners and residents of adjacent properties notifying them of the upcoming construction, providing a link to the project website listing a detailed construction schedule, and providing a phone number to call with any questions. FISCAL IMPACT: The following tables summarize funding sources and expenses: Funding Source: Project Funding Sources Allocation Community Development Block Grant $95,937 Gas Tax Fund (Fund #206) [16/17 CIP] $150,000 Total Available Funds $245,937 Expenses: Design Costs Amount Environmental Document and Topographic Survey $5, Design Subtotal $5, Construction Costs Construction Contract $182, Construction Contingency (Approx. 12%) $21,921.00

3 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Materials Testing and Sampling $2, Construction Subtotal $206, Total Project Cost* $212, *Construction management and inspection of this project will be managed by Public Works engineering staff which is estimated to cost $33,690. OPTIONS: 1. Adopt the resolution awarding the contract to Quimu Contracting, Inc., in the amount of $182,675. If this option is chosen, construction will commence as soon as possible. 2. Do not award the contract and direct staff to rebid the project. If this option is chosen, rebidding will delay construction until summer Do not award the contract and direct staff to stop work on the project. ACTION REQUIRED: Adopt the resolution awarding the construction contract to Quimu Contracting, Inc. in the amount of $182,675. ATTACHMENTS: 1. Resolution

4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONSTRUCTION CONTRACT FOR THE ADA-DOJ CURB RAMPS PROJECT TO QUIMU CONTRACTING. INC., IN THE AMOUNT OF $182,675 WHEREAS, on the 8 th day of February, 2017, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: ADA-DOJ Curb Ramps City Project No in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of $182,675 from Quimu Contracting, Inc., at the unit prices stated in its bid, was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The plans and specifications for the ADA-DOJ Curb Ramps Project, City Project No , on file in the office of the City Clerk, are hereby approved. 2. The bid of Quimu Contracting, Inc., is hereby accepted at the unit prices stated in its bid, and the contract for said work and improvements is hereby awarded to Quimu Contracting, Inc., at the stated unit prices.

5 3. The City Manager and the City Clerk are authorized and directed to execute the contract with Quimu Contracting, Inc., in a form approved by the City Attorney, and to return the bidder s bond upon the execution of the contract. 4. Community Development Block Grant Funds totaling $95,937 will be appropriated in Fund 206 for City Project No There are sufficient funds in the Gas Tax Fund (#206) to cover the remainder of expenses for this project. 6. The City Manager is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 6 th day of March, 2017 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: File No.: ESTHER C. BEIRNE, City Clerk

6 City of San Rafael California Form of Contract Agreement for ADA-DOJ Curb Ramps This Agreement is made and entered into this day of 2017 by and between the City of San Rafael (hereinafter called City) and Quimu Contracting, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: l - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: ADA-DOJ Curb Ramps , City Project No , all in accordance with the requirements and provisions of the Specifications and Contract Documents for ADA/DOJ Curb Ramps 2016/2017 dated January 2017, which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. li- 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 Forty (40) Working Days and with such extensions of time as are provided for in the General Provisions. lli - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,900 for each and every calendar day s delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. lv - 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 QUANTITY UNIT UNIT PRICE TOTAL PRICE 1. Mobilization 1 $5, = $5, Signs and Traffic Control 1 $20, = $20, Clearing and Grubbing 1 $20, = $20, Minor Concrete Minor Structures a. Type A Curb and Gutter 430 $35.00 = $15, b. 4 PCC Sidewalk 1,100 $15.00 = $16, c. Curb Ramp Case A 2 $6, = $13, AGREEMENT 1

7 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE d. Curb Ramp Case B 3 $6, = $19, e. Curb Ramp Case C 6 $6, = $36, f. Curb Ramp Case D 1 $6, = $6, g. New Type E Catch Basin 2 $3, = $7, h. New Type A Manhole 1 $7, = $7, i. Under Sidewalk Drain 2 $1, = $2, Hot Mix Asphalt 55 $ = $11, Storm Drain Pipe (12 PVC SDR 26) 14 $ = $2, Pavement Striping and Markings a. Pavement Markings 110 $15.00 = $1, b. Red Curb 15 $25.00 = $ GRAND TOTAL BID $182, V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City s Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. AGREEMENT 2

8 (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer s payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City s benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker s compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its subcontractors under this Agreement, and copies of such endorsements shall be provided to City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: Esther C. Beirne City Clerk APPROVED AS TO FORM: Jim Schutz City Manager Quimu Contracting, Inc.: Rob Epstein City Attorney Printed Name: Title: Quimu Contracting, Inc.: Printed Name: Title: AGREEMENT 3