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
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