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HomeMy WebLinkAboutCC Resolution 10911 (Terra Linda Pool Rebuild)RESOLUTION NO. 10911 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT FOR TERRA LINDA POOL REBUILD, PROJECT NO. 620-6601-495-8000 TO WESTERN WATER FEATURES IN THE AMOUNT OF $ 1,263,000. WHEREAS, on the 14`h day of August, 2001, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids for 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: "TERRA LINDA POOL REBUILD" PROJECT NO. 620-6601-495-8000 in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Western Water Features 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 therefor; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Western Water Features and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Western Water Features at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Mayor and City Clerk of said City be authorized and directed to execute a contract with Western Water Features for said work and to return the bidders bond upon the execution of said contract. 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, JEANNE N1. LEONCINI, City 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 held on the 201h day of August, 2001, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Phillips yl+. JEANNE�NCINPCity Clerk CITY OF SAN RAFAEL TERRA LINDA POOL REBUILD FUNDING 08/17/2001 pool bid resources per June 2001 per August 2001 budget actions bid results Option 2 needs Less: Fair Isaac transaction $ 504,731 $ 504,731 Park and Rec. Facility Fees $ - $ 43,000 ADA $ 00/01 $ 100,000 $ 100,000 Gen. Tax $ 99/00 $ 75,000 $ 75,000 Gen. Tax $ 00/01 $ 125,000 $ 125,000 Gen. Tax $ 01/02 $ - $ 110,000 North SR Fees $ 278,269 $ 373,269 PPP -Fairchild $ 70,000 $ 70,000 $ needed for project $ 1,153,000 $ 1,401,000 08/17/2001 pool bid resources III- 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) The work shall be completed by March 8, 2002, and including extensions of time as are provided for in the General Conditions. IV - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed by the contract time (i.e. March 8, 2002), and inclusive of extensions of time as are provided for in the General Conditions), 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 $ 500.00 for each and every calendar day's delay in finishing the work in excess of the contract time 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. V - The Contract Sum CONTRACTOR'S COMPENSATION: The City will pay and the Contractor will accept, in full consideration for the performance of the Contract, subject to additions and deductions as provided Therein, the sum of $1,263,000.00. One million -two hundred sixty-three thousand dollars Lump sum price written in words ($1,263,000.00), said sum being the total of the Contractor's Base Bid and the following additive and/or deductive Alternates. VI - 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 Contracton. (b). On not later than the 15th day of the month, the City shall, after deducting previous payments made, pay to the Contractor 90% 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 City, by depositing securities of equivalent value with the public City in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the Director of Public Works, whose decision on valuation of the securities shall be final. VII - 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, 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 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. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. PERFORMANCE BOND (continued) Whenever the Contractor shall be, and be declared by the Owner to be in default under the Contract, the Owner having performed its obligations thereunder, the Surety shall promptly remedy the default, or shall promptly complete the Contract in accordance with its terms and conditions, or shall promptly obtain Bids for completing the Contract according to its terns and conditions, and upon determination by the Owner and the Surety, jointly, of the lowest responsible Bidder, arrange for a Contract between such Bidder and the Owner, and make available as the Work progresses sufficient funds to pay the cost of completion, less the total amount payable by the Owner to the Contractor under the Contract and any amendments thereto (less the amount already properly paid by the Owner to the Contractor); but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the aggregate sum specified in this Bond. No right of action shall accrue under this Bond to or for the use of any person or organization other than the Owner named herein or its heirs, executors, administrators or successors. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and the Surety this 20 day of August (To be signed by Contractor and Surety, and acknowledgment and Notarial Seal attached) Wituess wit VSs ,2001 Wester ater Featu , Inc. I Bv: l �—sL— I Contractor (Seal) { Title { Developers Surety and Indemnity Company 1 Surety (Seal) 1 Attorney-in-Fact,,mac Lowey MAILING ADDRESS OF SURETY 17780 Fitch. Suite 200, Irvine, CA 92614 CONTRACT FORMS AND AGREEMENT 00040-4 Pugs 4 of 13 CALIFORNIA ALL-PURPOSE .,CKNOWLEDGMENT State of California County of Oranae On Auqust 20. 2001 before me Lori Yells. Notary Public DATE NAME, TITLE OF OFFICER personally appeared Eric Lowev NAME(S) OF SIGNER(S) EI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 69ignature o,Notnblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN- FACT ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE PAYMENT BOND PUBLIC WORK Bond No. 831310P KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, City of San Rafael, as Obligee (hcreinafler called the Owner), has awarded to Western Water Features, Inc. as Principal (hereinafter called the Contractor), a Contract for TERRA LINDA POOL REBUILD (PROJECT NO. 620-6601495-9000, and WHEREAS, pursuant to law, the said Contractor is required before entering upon the performance of the Work to file a good and sufficient Bond with the body by whom the Contract is awarded to secure the payment of claims of laborers, mechanics, material suppliers and other persons to whom reference is made in Section 3181 of the Civil Code of the State of California, NOW, THEREFORE, THESE PRESENTS WITNESSETH: that we, the Contractor, and Developers Surety and Indemnity Company a corporation duly organized and existing under the laws of the State of Iowa , and authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety (hercinafler called the Surety), are held and firmly bound unto the said Owner in the Penal Sum of One Million Two Hundred Sixty Three Thousand and no/100— Dollars ($ 1,263,000.00— 1 lawful money of the United States, said sum being an amount of not less than one hundred percent (100%) of the total amount for the payment of which sum well and truly to be made the said Contractor and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the above bounden Contractor, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay any claimant named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Act with respect to work or labor performed by any such claimant. or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor or his Subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the Surety on this Bond will pay the same in an amount not exceeding the aggregate sum herein above set forth, and also, in case suit is brought upon this Bond, will pay a reasonable attorney's fee to be fixed by the Court, taxed as costs and awarded to the prevailing party in said suit. CONTRACT FORMS AND AGREEMENT 00040-5 Pule 5 or 13 PAYMENT BOND (continued) It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this Bond. Should the conditions of this Bond be fully performed, then the obligation hereunder shall bcc:ome null and void; otherwise it shall be and remain in full force and cf cct. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Drawings or the Specifications accompanying same, shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. This Bond is executed and filed to comply with the provisions of an act of the Legislature of the Stoic of California as designated in the Civil Code, Sections 3247 to 3252, inclusive, and all amendments thereto. IN WITNESS WHEREOF, this instrument has been duly executed by the -Contractor and the Surety this 20th day of August , 2001. (To be signed by Contractor and Surety, and acknowledgment and Notarial Seal attached) W i. H ss LWes rn ater Feat s, Inc. B !i �- { Contractor (Seal) Title Developers Surety and Indemnity Company surety (seal) W2nes' { By� I Attomey-in-Fact , Eric t_o�y MAILING ADDRESS OF SURETY 17780 Fitch, Suite 200, Irvine, CA 92614 CONTRACT FORMS AND AGREEMENT 00040-6 Paye 6 of 13 CALIFORNIA ALL-PURPOSE tCKNOWLEDGMENT State of California County of Oranae On AUAUst 20. 2001 before me Lori Yells. Notary Public DATE NAME, TITLE OF OFFICER personally appeared Eric Lowev NAME(S) OF SIGNER(S) Q personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS myan and official seal. V�+ Place Notary Seal Above [ f Si nature o� f�otary Public OPTIONAL Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY SIGNER Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN- FACT ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE Bo --1 No.: 83131OP POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, but not jointly, hereby make, constitute and appoint: ***Eric Lowey, Mark Richardson, Dede Yuenger, Lori Yells, jointly or severally*** as the true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the anomey(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 81h day of November, 2000. By: C—D - David H. Rhodes, Executive Vice President By: M/, [�' Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) .�� AND jN'••. PPOgq�� SEAL 's 1936 : O 7o 10\N P *aa VPP 0 O\ 2APPOgA�R`C9< W OCT.S � p 1967 2 Z \ cgCIFOP�\P / On November 8, 2000, before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. (. Signature Aa -k CERTIFICATE DIANE J. KAWATA 1 COMM. #1167we In MWY PUBlC-CALIFORMA I �t.2My C� Art. B 2002 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 2 0 day of Au x'11 c; t- B fid. Y David G. Lane, Chief Operating Officer ID -1380 (11/00)