HomeMy WebLinkAboutCC Resolution 12744 (Dominican/Black Canyon Landscape Project)RESOLUTION NO. 12744
REPORT ON BID OPENING AND RESOLUTION AWARDING THE CONTRACT
FOR DOMINICAN / BLACK CANYON NEIGHBORHOOD LANDSCAPE PROJECT,
PROJECT NO. 11059, TO FIELDSTONE CONSTRUCTION CO., IN THE AMOUNT
OF $63,536.
WHEREAS, on the 281h day of April, 2009, 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:
"DOMINICAN / BLACK CANYON NEIGHBORHOOD LANDSCAPE PROJECT"
PROJECT NO. 11059
in accordance with the plans and specifications therefore on file in the office of said City
Clerk; and
WHEREAS, the work designated on the Dominican / Black Canyon
Neighborhood Landscape Project Contract Documents is eligible to be funded utilizing
Caltrans Environmental Enhancement and Mitigation Program (EEMP) funds; and
WHEREAS, the bid of Fieldstone Construction Co. 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 therefore;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Rafael, that the bid of Fieldstone Construction Co. is hereby accepted at said prices and
that the contract for said work is hereby awarded to Fieldstone Construction Co.
IT IS FURTHER ORDERED AND RESOLVED, that the City Manager of
said City be authorized and directed to execute a contract with Fieldstone
Construction Co. for said work, in a form approved by the City Attorney, and to
return the bidders bond upon the execution of said contract.
RESOLVED FURTHER, that the Council does hereby authorize the
Director of Public Works 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, 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 18th day of May, 2009,
by the following vote, to wit:
AYES: COUNCIL MEMBERS: Brockbank, Connolly, Meller, Miller & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ESTHER C. BEIRNE, City Clerk
File No. 16.06.228
City of San Rafael ♦ California
Form of Contract Agreement
For
Dominican / Black Canvon Neiehborhood Landscape
Proiect No. 11059
This Agreement is made and entered into this 18 day of May 2009 by and between the City of
San Rafael (hereinafter called City) and Fieldstone Construction Co. (hereinafter called
Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter
named, agree as follows:
II - 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 shown on the plans and described in the specifications
for the project entitled: Dominican / Black Canyon Neighborhood Landscape, Project No.
11059, 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 the City by the contractor under this agreement shall be
primary and in excess of any other insurance available to the City.
III- Time of Completion
(a) The work to be performed under this Contract shall be commenced within five (5)
CALENDAR DAYS after the date of written notice by the City to the Contractor to
proceed.
(b) Complete the work within 35 Working Days. after the date of such notice and with such
extensions of time as are provided for in the General Conditions.
111I - 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 $500 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.
1V - 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.
t 0
NO. ITEM
Mobilization &,
Traffic Control
2. Clearing and
Grubbing
3. Asphaltic Concrete
Dike
4. Irrigation System
5. Soil Preparation
6. Planting and
Maintenance
QUANTI UNIT
TY
S
1
LS
1
LS
870
LF
1 LS
20,000 SF
1 LS
UNIT TOTAL PRICE
PRICE
@
$2,966.00 =
$2,966.00
@
$1,000.00 =
$1,000.00
@
$6.00
$5,220.00
@
$27,545.00 —
$27,545.00
@
$0.25 —
$5,000.00
@
$21,805.00 =
$21,805.00
GRAND TOTAL BID $63,536.00
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). On not later than the 15th day of the month, the City shall, after deducting previous
payments made, pay to the Contractor 904,0' 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 Contractr, 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 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 Linder 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
P
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 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 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.
Such payment shall be made under the terms and conditions governing final payment, except that
it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to
execute this Agreement the day and year first written above.
ATTEST:
Z6*e - 9,U Z.,..e .
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
Rd&rt F Epstein
City Attorney
File No.: 16.01.228
CITY OF SAN RAFAEL:
keordhoff
C".s .
ager
CONTRACTOR:
for f
CGewrafEngbwm* g &Lwdscape Contractors
5915Faught Rd
Santa Rosa, Cit 95403