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HomeMy WebLinkAboutCC Resolution 10381 (Pickleweed Children's Center Site Improvements)RESOLUTION NO. 10381 RESOLUTION OF AWARD OF CONTRACT FOR SITE IMPROVEMENTS FOR PICKLEWEED CHILDREN'S CENTER WHEREAS, on the 15TH day of March, 1999, 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: "SITE IMPROVEMENTS PICKLEWEED CHILDREN'S CENTER" in accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Rose Construction, at the unit prices stated in its bid was and is the lowest, responsive and responsible 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 Rose Construction 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 Rose Construction at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the City Engineer is hereby authorized to extend the time for completion of the contract as set forth herein upon showing of good cause by the Contractor. IT IS FURTHER ORDERED AND RESOLVED that the Vice -Mayor and the City Clerk of said City be authorized and directed to execute a contract with Rose Construction for said work and to return the bidders bond upon the execution of said contract. I, JEANNE M. LEONCINI, 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 15"' day of March, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JEA*NE M. LEON INI, City Clerk PICKLEWEED CHILDREN'S CENTER SITE IMPROVEMENT BUDGET Construction Unit Unit Price Total Remove existing bathroom portable Actual 5486 Remove chain link fence Allow 500 Remove (E) Asphalt 1750 sf 0.35/sf. 613 Rough Grading Allow 2000 Finished Grading Allow 3000 Asphalt Paving 800 sf 2400 Crushed Gravel 1850 sf 0.40 sf 740 Concrete Ramp & Steps 650 sf 60 sf 41100 Handrails 105 sf 50 sf 5250 Chain Link Fence 35 sf 20 sf 700 Chain Link Gate 1 ea. 400 400 Wood Fence and Entry Pavilion Actual 2195 Sand box Allow 3000 Covered Walkway/Shade Area 605 40 sf 24200 Relocating Existing Classroom Actual 6000 Ramps for Relocated Classroom Actual 2 ea. 2250 Electrical Allow 27500 Plumbing Allow 6000 Landscaping Allow 7000 10% Construction Contingency 14583 Construction Subtotal 160417 Temporary Construction Fence 500 New Classroom including delivery & set-up 35845 New Restroom including delivery & set-up 38570 Adjustment for prevailing wage 6000 Construction Total 241332 Other Project Costs Architectural 19500 Structural Engineer 2500 Electrical Engineer 3000 Testing & Inspections (Asbestos, Field, Concrete & Steel) 5757 Project Budget Total 272089 W mL O z A 5 o� z P CITY OF SAN RAFAEL 35 MARIN STREET f i �I SAN RAFAEL. CA 94907 s..' FFW4CM31M u wua �g a RECORDING REQUEST"D BY: WHEN RECORDED MAIL TO: Jeanne M. Leoncini, City Clerk CITY OF SAN RAFAEL 1400 Fifth Avenue, Room 209 - San Rafael, CA 94901 Recorders Office County Of Marin JOAN C. THAYER Recorder 1999-M145REC FEE � TOTAL .80 TTOOTAL Team.02 CHANGE .00 09-1wO"pr-1999 19990489CS R281053 AGREEMENT BETWEEN CITY OF SAN RAFAEL AND ROSE CONSTRUCTION (PAUL BASKER, PARTNER) RE: SITE IMPROVEMENTS AT THE PICKLEWEED CHILDREN'S CENTER -- RESOLUTION NO. 10381 R1 -IR - 19:9 THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ADDITIONAL RECORDING FEE APPLIES COPY AGREEMENT This Agreement is made on MARCH 15 , 1999 between the City of San Rafael, 1400 Fifth Street, San Rafael, CA, Marin, California (hereinafter the "City") and Rose Construction (hereinafter the "Contractor'). The parties agree that: THE CONTRACT DOCUMENTS The "Contract Documents" include the Bid Form and Supplements, this Agreement, Bonds, the General and Supplementary Conditions, Drawings, Specifications, Addenda, other documents listed in this Agreement, and Modifications issued after execution of the Contract. THE WORK OF THIS CONTRACT The Contractor will at his own cost and expense in a workmanlike manner, faithfully and fully complete: Site Improvements at the Pickleweed Children's Center (hereinafter "the Work") and will furnish all materials, labor, services and transportation which are necessary, convenient and proper to perform the requirements of this Agreement, all strictly in accordance with the Contract Documents, which are referred to and incorporated herein by this reference. The successful bidder and all Subcontractors and Sub -subcontractors must pay all workers on the Project no less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of worker needed to execute the Contract as determined by the Director of the Department of Industrial Relations in accordance with California Labor Code sections 1770, 1773 and 1773.1 as well as the Davis -Bacon Act Title 29, CFR Parts 1, 3, 5, 6 and 7 which ever is more stringent. This information is on file at the Community Services Department and shall be made available to any interested party on request. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Contractor shall begin the Work on the date of commencement given in the notice to proceed and shall complete the Work 90 calendar days after the date of commencement given in the notice to proceed. The Work shall be performed in a workmanlike, diligent and expeditious manner with such force and materials as may be required or directed by the City, time being of the essence of the Contract. The Contractor shall become liable to the City for liquidated damages, as set forth in the General and Supplementary Conditions, if the Work is not completed within the time set forth above, due allowance being made for unavoidable delays. AGREEMENT 00500-1 c V r CONTRACT SUM In consideration of the Contractor's strict and literal fulfillment of the foregoing promises and conditions, and as full compensation for all of the Work, the City shall pay the Contractor One hundred fifty-eight thousand seven hundred and fifty dollars ($158,750.00) in legally executed warrants of the City, in accordance with the General Conditions, upon certificates issued by the City or its agent. The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the City: Base bid: $156,000.00 Additive 2 (sand box): $1800.00 Additive 3 (painting): $950.00 Vice Mayor, City of San Rafael Rose Construction Marin Co (Nameof ntractor) By B,/y (Paul Cohen, Vice Mayor) ( asker, Partner) City Clerk, City of San Rafael Marin County Contractor License No. 684470 `B" By A - (Jeaffne M. Leoncini, City Clerk) Expiration Date 02/29/2000 Resolution No. 10381 , cei^ti f ed copy attached. Dated Monday, March 15, 1999 Note to Contractor: (1) Execute the attached acknowledgment form and (2) if a corporation, attach a certified copy of the bylaw(s) or resolution(s) authorizing execution of this Agreement and of the bonds required hereby and authorizing the individual signing on behalf of the Contractor to act on behalf of the Contractor. AGREEMENT 00500-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On March 31, 1999 ,before me, Nancy Eurman, NotPublic Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public") personally appeared Paul M. Cohen } ^ D NANCY EURMAN dCOMM. 111086576 1 NOTARY PLMLIC-CALIFORNIA O QMARIN J v v v COUNTY My Comm. Expim Feb. 4, 2000 Place Notary Seal Above Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s), is/aEq 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 signatureW on the instrument the person(g), or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. ,:�.,.t (� Signature of Notary Public 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. Description of Attached Document Title or Type of Document: Agree. bet. CSR and Rose Construction re Pickleweed Document Date: March 15, 1999 NumberofPages: Three Signer(s) Other Than Named Above: Paul Basker, Partner (Rose Construction) Capacity(les) Claimed by Signer Signer's Name: Paul M. Cohen ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator [X Other: Vice -Mayor Signer Is Representing: City of San Rafael 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1.800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ri 0 ` State of California ss I County of Marin ' On Apri 1 7, 1999 , before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Paul Basket Names) of Signer(s) ' personally known to me X1 proved to me on the basis of satisfactory evidence 1 r NANCY EURMAN D 0 �� COMM. #1086676 d ONOTARY PUNICAUFORNiA Q C� 1 v v My Comm. Expires Feb. 4,2000 to be the persons whose name(s) jAre- subscribed to the within instrument and acknowledged to me thathe/she/thW executed the same in fs/her/thy authorized capacity(ies), and that by fiis/*dthpir signature(,*on the instrument the person(s), or the entity upon behalf of which the person( -}- acted, executed the instrument. W TN�ESS my handandofficial seal. Place Notary Seal Above ignature of Notary Public 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. Description of Attached Document Title or Type of Document: Agree. bet. CSR and Rose Construction re Pickleweed Document Date: March 15, 1999 Signer(s) Other Than Named Above: Capacity(les) Claimed byy Siggner Signer's Name: Paul Basker ❑ Individual ❑ Corporate Officer — Title(s): XX Partner — = Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: S 1 X Paul Cohen, Vice-Mavor Signer Is Representing: Rose Construction HJUMA 'r Top of thumb here 0 1997 National Notary Associat'-n • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800.876-6827 ACKNOWLEDGMENT NAM ':� Paul Basker. Partner, Rose Construction, (type or print name of individual signing on behalf of the Contractor) State Of California County of Marin On 19 `, before me, a Notary Public of this State, personally appeared i (si of individual signing on behalf of the Contractor) known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he/sh&executed it and that the corporation or partnership named above authorized execution of this instrument. Notary Public rs + PAR A. PRITMARG3 Comm. 41018052 11� f*JTARy fi!;,! tC CALIFClhU U1 ` Aierin County My coram, hPires Nov. 19, 1999 � ***End of Agreement*** AGREEMENT 00500-3 ACORD. CERTIFICA. 1OF LIABILITY INSURA CE I 0DATE (MMIDDNY) 3/19/99 PRODUCER F. David Crain Ins. Svcs. 205 East Third Ave.,Suite 314 San Mateo, CA 94401-4052 650-375-8538 INSURED Rose Construction 39 Belmont Avenue Fairfax, CA 94930-1737 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I INsuRERALloyd' s of London 1muREReSafeco Insurance Co of America INSURERCRLI Insurance Company INSURER DClarendon National Insurance Co. I I INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE I POLICY EXPIRATION LTR TYPE OF INSURANCE POUCY NUMBER DATE IMM/DD/YYI DATE IMM/DDNYI I LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY ICLAIMS MADE X❑ OCCUR A GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY n JECCT n LOC AUTOMOBILE LIABILITY X ANY AUTO _ ALL OWNED AUTOS _ SCHEDULEDAUTOS B HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY 7 OCCUR F1 CLAIMS MADE C DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND D EMPLOYERS' LIABILITY OTHER EACH OCCURRENCE $1 , 000,000 FIRE DAMAGE (Any one fine) S 50,000 MED EXP (Any one person) S 5,000 LUC 9 8 2 2- 61 4 6 11 /01 /98 1 1/ 01 /99 PERsONAL a ADv INJuRY $1 , 000, 000 GENERAL AGGREGATE s2,000,000 PRODUCTS - COMP/OP AGG I s2,000,000 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ SA4321865A 04/16/98 04/16/99 1 BODILY INJURY (Per accident $ PROPERTY DAMAGE (Per accident $ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ I AUTO ONLY: AGG $ EACH OCCURRENCE $1 , 000,000 (AGGREGATE $ OUL0029460 11 /01 /98 11/01/991 $ $ $ X WC STATU- OTH- I TORY LIMITS I I ER 01KR0014194 10/01 /98 10/01 /99 IELEACHACCIDENT $110001000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *CA Ins Code 677.2: 10 Days for nonpayment. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Re: Site Improvements @ Pickleweed Children's The City of San Rafael Building Inspections 1400 5th St. San T�afaplCA. 94,9(11 ACORD 25-S (7/97) -.. - u - EL DISEASE - EA EMPLO$1 , 000,000 EL DISEASE -PC UM4 $1 , 000 , 000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MNL 3 0 *bAYS WRITTEN Center NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORDIED REPRESENTATIVE � (` 0 ACORD CORPORATION 1988 F. David Crain Insurance Services 205 East ThlydAvenue, Suite 914, SanMeteo, CSA 94401 March 29, 1999 TO: City of San Rafael ATTN: Bill Sharp FAX: 415/485-3186 RE: Rose Construction Pickleweed Children's Center Please see the endorsement you requested following except for the Excess Liability policy. The underwriter advised that theirs is a "following form": Anyone who is an addiitonal insured on the General Liability or the Auto is automatically an additional insured on the Excess. Please let me know if you have questions, or need additional information? Thanks! Sincerely, /--� Jo Ann Crain Telephone (650) 375-8538 Facsimile (850) 375-8533 License No. 0611422 COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED - OWNERS, LESSEL•'S OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY PART Insured: Rose Construction Policy: LUC9822-6'146 Lloyd's of London SCHEDULE Name of Person or Organization: The City of San*Rafael Building Inspections 1400 5th Street San Rafael, CA 94901 Reference: Site Tmprovements @ Pickleweed Children's Center (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to endorsement.) WHO IS AN INSURED (Section TI) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2010 11/85 (Copyright, TnSurance Services Office, Inc. 1984) 7J I.IJf - 7r-4 eeeT e,r • inti 0 SAFEW T'OLtCY NUMBER: SA 4321865A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET WAIVER OF SUBROGATION Section IV — BUSINESS AUTO CONDITIONS A.5 is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or 'property damage" arising out of the operation of a covered 'auto"when you have assumed liability for such "bodily injury" or "property damage' under an "insured contract." 2. BLANKET PRIMARY INSURANCE This insurance is considered primary and we will not seek contribution from any other insurance available to you for any person or organization for whom you are required under an "insured contract' to provide insurance, but only to the extent that this is provided under Section IV — BUSINESS AUTO CONDITIONS B.S. Other Insurance. BA 72 41 10M? 3. BLANKET ADDITIONAL INSURED Any person or organization for whom you are required under an insured contract" to provide insurance is considered an `insured" for Liability Coverage, but only to the extent that person or organization qualifies as an' insured" underthe Who Is An Insured provision contained in Section II of the Coverage Form. 4. PRIOR NOTICE OF CANCELLATION In the event of cancellation or reduction in the Limits of Insurance of the Coverage Form, we will mail at least thirty (30) days prior written notice to any person or organization for whom you are required to provide such notice under an "insured contract," provided you notify us of such contract requirement at least forty-five (45) days prior to the cancellation or reduction. C'J I.IJC^ • 7n CCCT = • 1ni 1 O+Osl"r"e viEmnark of SAFECO CanWIMM.