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HomeMy WebLinkAboutCC Resolution 11095 (North SR Entry Beutification)RESOLUTION NO. 11095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING THE CONTRACT "NORTH SAN RAFAEL ENTRY BEAUTIFICATION", PROJECT NO. 10497, TO BAUMAN LANDSCAPE, INC., IN THE AMOUNT OF $277,777.00. BE IT RESOLVED by the City Council of the City of San Rafael as follows: WHEREAS, on the 7"' day of May, 2002, 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, 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: "NORTH SAN RAFAEL ENTRY BEAUTIFICATION" PROJECT NO. 10497 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid from Bauman Landscape, hic. for the amount of $277,777.00 is the apparent low bid; and WHEREAS, staff recommends that the City accepts the low bid from Bauman Landscape, Inc., in the amount of $ 277,777.00. NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of Bauman Landscape, Inc. 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 Bauman Landscape Inc. at the unit prices mentioned in said bid. SGL IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Bauman Landscape Inc. for said work and to return the bidders bonds upon execution of said contract. BE IT FURTHER RESOLVED that the Director of Public Works of the City of San Rafael 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 M. 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 on Monday, May 20, 2002, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City of San Rafael ♦ California Form of Contract Agreement for North San Rafael Entry Beautification Project No. 10497 This Agreement is made and entered into this 20th day of May, 2002, by and between the City of San Rafael (hereinafter called City) and Bauman Landscape (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: North San Rafael Entry Beautification, Project No. 10497, 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. No work is permitted on State's propertyt, prior to City obtaining encroachment permit from CALTRANS. Contractor must obtain encroachment permit from CalTrans for work, lane closure or erecting construction/ traffic signs in State's property. Contractor must comply with conditions stated in the permit. 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) The work shall be completed within forty-five (45) working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. IIII - 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 $ 500.00 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. IV - 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. AGREEMENT • 1 COPY ITEM DESCRIPTION 1 Mobilization 2 Traffic Control 3 Demolition/Clearing and Grubbing 4 Minor Concrete Work a. Cone. Curb b. Cone. Curb, Type E c. Cone. C & G, Type B d. Cone, C & G, Type C e. Thickened Reinf. Cone. C & G, Type C f. Cone. Sidewalk/Handicap Ramp g. Thicken Reinf. Sidewalk/ Handicap Ramp 5 Cobble Paving 6 Precast Monument Entry Sign 7 Low Colored Concrete Wall 8 Boulder Wall 9 Electrical Work 10 Chain Link Fence — 4' High 11 Irrigation Complete 12 Landscape Planting Complete 13 Street widening/Conforming 14 Replace and Adjust Utility Box to Grade 15 Striping and Curb Painting TOTAL BID QUANTITY IUNITS UNIT PRICE 1 I LS $422.00 1 I LS $9,000.00 1 LS $16,000.00 150 15 60 170 100 560 240 5020 1 160 150 1 35 1 35 5 1 LF LF LF LF LF SF SF SF EA LF TON LS LF LS LS TON EA LS $41.00 $34.00 $57.00 $35.00 $39.00 $9.00 $11.00 $11.00 $17,000.00 $150.00 $10.00 $14,500.00 $45.00 $40,000.00 $62,000.00 $160.00 $390.00 $1,400.00 TOTAL $422.00 $9,000.00 $16,000.00 $6,150.00 $510.00 $3,420.00 $5,950.00 $3,900.00 $5,040.00 $2,640.00 $55,220.00 $17,000.00 $24,000.00 $1,500.00 $14,500.00 $1,575.00 $40,000.00 $62,000.00 $5,600.00 $1,950.00 $1,400.00 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 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 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. AGREEMENT • 2 VI - Acceptance and E . gal 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. 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: CITY OF SAN RAFAEL: Aerd-nrle M. Leoncini A'ibert oro G 1/ City Clerk Mayor APPROVED AS TO FORM: CCN CTO � C Vary T. Rgg.ghianti City Attorney for -BauLLclndscave I=. AGREEMENT • 3 OG/11/2002 08:53 151023 "80 BAUMAN LANDSCAP'- PAGE 03 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polices may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the eertNicate holder, nor doer it affirmatively or negatively amend, extend or after the coverage afforded by tho policies listed thereon. A00114102"(7/97)2 of 2 #547481/M43435 06/11/2002 08:53 1S1023r 90 BAUMAN LANDSCApr PAGE 04 Eamm Policy Wwdmt: AO]1�11 sc�, Inc. CG 20 in 11 a5 affecTi,eDum ul i/1901 TATS ENMM?4Z 1T CP[AXMS I= POLICY, PL"SE READ Tr CAREMMY. "DMONAL WSURM --- OVRfM3 LESSERS OR CONTRACTORS -- (FORM B) This emMl&w*t93 s =ULE Nwm ofPt miz or Orpsizadon; As fm 1f� byP plu" such ..,.. ,,, .. cads upon the eompledam ead•acmgmz s of yow,, wade (w= emy appeas sbdVa, 4nfcmw& a roqAVd to ramplem fiaim mdwamwwol be Amu % ft Dwjuldm as applicable in dsls ) WRQ iS JwN 3N3�RF� (Sectiaq Ip i3 $mart�drd +ro �cbtide m ae >�ed slLe parson of � 5i�cwu.;r �c Scltedai� bus � wieh z:bpe�x to llsbi!"ay ae3sing one of'y� t�rle' for that ia�+ed by ar Sot yea The lumurancs provided by chia eadorse:msat: does -Act apply to the parmom or crgsaication qual447ing an an addit="l 3=nred immdaz tbia sadors—ent sbgtiad liabllltr for say a mla or "suit" In eaysmd by the moic ar USence: bf thac person or orgami¢acicn. WILis iXaysatea *&U dot aPP4 to debility you aasvme muder a arstca= couAacz or vr?xt:m= agreemmat whhub, Im ma "heated concraat" for projects eomplateel by or lot you pryer to the inception of chis pokey. a you ara r$quired by a vrizrm contract to prnviAe prl=ry ftsn craft, than 'ehl pp-Uzy eha,. l be paimasy and not: concz;lbatory wlch any orbs= t=uraaea srnmitxbl.a, re tha additional insured nam -d in, thm edhadalm 3bovo- Rome r13 nnal Ca=mcgial Cameral Liab=cy Coverage Fo= (but only Section IT, paragraph 4, sub -paragraph b) is amandod zacoxd5mzly and sha11 not apply wi ch respect to coverage provided foi the 9d8itiona). Twnured named above In the athed2ae- CG 29 l0 I 1 85 CaWght. lnsuraaCe Scrvicm Office, Inc.. 1984 Page i of 1 d