SAN RAFAEL CITY COUNCIL AGENDA REPORT

Transcription

1 Agenda Item No: 6.b Meeting Date: April 3, 2017 Department: Public Works Prepared by: Bill Guerin, Director of Public Works TOPIC: SAN RAFAEL CITY COUNCIL AGENDA REPORT City Manager Approval: File No.: 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 : 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.: Council Meeting: Disposition:

2 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, 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 readvertise 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, Upon evaluation of the bids received, discrepancies were discovered between the Bid

3 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, The project was re-advertised in accordance with San Rafael s Municipal Code on February 23, 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, Ghilotti Construction Company $2,482, Maggiora & Ghilotti, Inc. $2,547, 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, Staff recommends awarding the construction for the base bid plus the bid alternative to Ghilotti Bros., Inc. in the amount of $2,616, ($2,412, $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.4 th 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,

4 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, 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, Gas Tax Fund (Fund #206) $228, Total Available Funds $3,371, Expenses: Design Costs Amount Design (CSW/Stuber-Stroeh Agreement) $252, Environmental Permits (Fish and Wildlife, Regional Water Quality Control Board) $34, Document Reproduction $753.95

5 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Backup Batteries (Traffic Signal Cabinet) $ Traffic Signal Equipment (Econolite Control Products, Inc.) $24, Design Subtotal $312, Construction Costs Construction Agreement (Including the Bid Alternate) $2,616, Construction Contingency (Approx. 12%) $313, Construction Inspection Services (Coastland Civil Engineering, Inc. Agreement) $127, Materials Testing and Sampling (Estimated) $2, Construction Subtotal $3,059, Total Project Cost $3,371, 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, Ghilotti Bros. Inc. letter responding to bid protest, dated March 14, 2017, and bullet points dated March 16, Agreements a. Ghilotti Bros., Inc. b. Coastland Civil Engineering, Inc.

6 RESOLUTION NO. 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, 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 7 th 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 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, 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

7 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, of the base bid work with its own organization (48.2%) and its subcontractors performing $1,251, 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

8 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, are hereby appropriated for City Project No , from the Traffic Mitigation Fund, # Funds totaling $228,400 are hereby appropriated for City Project No , from the Gas Tax Fund, # 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: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk

9 RESOLUTION NO. 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; and 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.

10 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: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk

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12 General Engineering Contractors Excavating, Paving, Grading, Concrete, Underground 525 JACOBY STREET SAN RAFAEL, CA TELEPHONE (415) Fax (415) STATE CONTRACTORS LICENSE# March 14, 2017 City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA Subject: Freitas and Las Gallinas Intersection Improvements, City Project No Ghilotti Bros., Inc. ("GBI") Bid No. MR17028 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, for the base bid and $203, for Alternate 1, for a total contract price in the amount of $2,616, 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, 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 Stephanie.Gindlesperger@cityofsanrafael.org

13 City of San Rafael California Construction Agreement for Freitas and Las Gallinas Intersection Improvements This Agreement is made and entered into this day of 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: 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: Freitas and Las Gallinas Intersection Improvements, City Project No , 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. 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 One Hundred and Twenty (120) 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 $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. 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 Base Bid 1. Mobilization 1 $70, = $70, Signs and Traffic Control 1 $75, = $75, Clearing and Grubbing 1 $320, = $320, Aggregate Base (Class II) 2,000 $60.00 = $120, Minor Concrete Minor Structures a. Type A Curb and Gutter 1,220 $45.00 = $54, AGREEMENT 1

14 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE b. Type E Curb 720 $35.00 = $25, c. Curb Ramp Case A 6 $2, = $13, d. Curb Ramp Modified Case A 1 $2, = $2, e. Curb Ramp Case C 1 $3, = $3, f. Curb Ramp Modified Case C 1 $2, = $2, g. Modified West Bridge Curb Ramp 1 $3, = $3, h. 4-Inch Thick PCC Sidewalk (Type A/B) 5,000 $8.50 = $42, i. Cobblestone Island Median 1,010 $28.00 = $28, j. Type B Storm Drain Manhole 1 $7, = $7, k. Type E Catch Basin 6 $4, = $24, l. 24 x24 Drainage Inlet 1 $2, = $2, Full-Width Grind** 99,120 $0.60 = $59, Hot Mix Asphalt 1,890 $ = $283, Storm Drain Pipe a. PVC (8 SDR 26) 7 $ = $2, b. PVC (12 SDR 26) 40 $ = $14, c. PVC (15 SDR 26) 24 $ = $5, d. PVC (30 SDR 26) 4 $1, = $4, Pedstrian Barricade 2 $ = $1, Adjust Existing Facilities to Grade a. Adjust SSMH Manhole Casting to Grade 4 $ = $3, b. Adjust AT&T Manhole Casting to Grade 1 $ = $ c. Adjust Gas Valve Riser to Grade 3 $ = $1, d. Adjust Water Valves to Grade 6 $ = $2, e. Adjust Water Meter Box to Grade 1 $1, = $1, AT&T Conduit and Coordination 1 $2, = $2, Traffic Signal Modification 1 $339, = $339, Roadside Signs AGREEMENT 2

15 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE a. Install New Sign(s) on New Post 12 $ = $4, b. Relocate Existing Sign to New Post 10 $ = $1, Striping and Pavement Markings a. Install Detail 9 Stripe (Thermoplastic) 1,520 $0.55 = $ b. Install Detail 24 Stripe (Thermoplastic) 580 $0.75 = $ c. Install Detail 38 Stripe (Thermoplastic) 40 $1.50 = $60.00 d. Install Detail 38A Stripe (Thermoplastic) 810 $1.50 = $1, e. Install Detail 39 Stripe (Thermoplastic) 1,680 $0.85 = $1, f. Install Detail 39A Stripe (Thermoplastic) 350 $0.45 = $ g. Yellow Curb 24 $1.50 = $36.00 h. Red Curb 400 $1.50 = $ i. Pavement Markings (Thermoplastic) 1,500 $3.50 = $5, Landscape Improvements 1 $195, = $195, Bioretention Improvements 630 $20.00 = $12, Helical Piles 35 $5, = $185, Drilled Concrete Piers and Shafts 480 $ = $129, Cast in Place Concrete a. Retaining Walls 600 $ = $108, b. Bridge Abutments 4 $13, = $52, c. Bridge Railing 70 $ = $9, Precast, Prestressed Hollowcore Plank 1 $180, = $180, Arbor and Bench 1 $7, = $7, Alternate Bid Item No Mobilization 1 $5, = $5, Signs and Traffic Control 1 $15, = $15, Clearing and Grubbing 1 $110, = $110, Aggregate Base (Class II) 230 $60.00 = $13, Minor Concrete Minor Structures AGREEMENT 3

16 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE a. Type A Curb and Gutter 215 $45.00 = $9, b. Curb Ramp Case A 2 $2, = $4, c. 4-Inch Thick PCC Sidewalk (Type A/B) 950 $8.50 = $8, d. Type E Catch Basin 2 $4, = $8, e. Turning Structure Top 1 $3, = $3, Full-Width Grind** 2,680 $0.60 = $1, Hot Mix Asphalt 106 $ = $15, Storm Drain Pipe a. PVC (12 SDR 26) 12 $ = $4, Adjust Existing Facilities to Grade a. Adjust Water Valve Cover to Grade 4 $ = $1, Roadside Signs a. Install New Sign(s) on New Post 2 $ = $ Striping and Pavement Markings a. Install Detail 22 Stripe (Thermoplastic) 40 $1.75 = $70.00 b. Red Curb 85 $1.50 = $ c. Pavement Markings (Thermoplastic) 42 $3.50 = $ Landscape Improvements 3 Mulch 870 $1.15 = $1, Landscape Improvements Redwood Header 210 $7.75 = $1, **Final Pay Item 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

17 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

18 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 Ghilotti Bros., Inc.: Rob Epstein City Attorney Printed Name: Title: Ghilotti Bros., Inc.: Printed Name: Title: AGREEMENT 6

19 AGREEMENT FOR PROFESSIONAL SERVICES WITH COASTLAND CIVIL ENGINEERING, INC. FOR CONSTRUCTION INSPECTION SERVICES This Agreement is made and entered into this day of, 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 ; and WHEREAS, the CONTRACTOR has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. 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. 1

20 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

21 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: 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 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: 1. 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

22 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 CG 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 4

23 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. 11. 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

24 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: Bill Guerin Public Works Director City of San Rafael 111 Morphew Street San Rafael, CA Mike Janet 1400 Neotomas Avenue Santa Rosa, CA 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. 6