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HomeMy WebLinkAboutCC Resolution 11126 (Corporation Yard Construction Servcices)SAN RAFAEL CITY COUNCIL RESOLUTION NO. 11126 RESOLUTION ACCEPTING PROPOSAL FROM DONLEE PUMP COMPANY FOR CONSTRUCTION SERVICES FOR CITY CORPORATION YARD IN AN AMOUNT NOT TO EXCEED $84,500 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, San Rafael's new Corporation Yard will be constructed at 111 Morphew Street in San Rafael; and WHEREAS, the Fleet Advisory Board has determined that the existing fuel tanks require relocation to the Corporation Yard currently being constructed; and WHEREAS, staff has determined that the firm of Donlee Pump Company has the past experience and qualifications necessary to provide the construction services required; and WHEREAS, staff solicited a proposal from Donlee Pump Company based on their ability to provide turnkey construction services for moving existing fuel tanks, and providing and installing new fuel pumps that match the existing pumps and software. WHEREAS, Donlee Pump Company is the only company capable of relocating the existing Convault fuel storage tanks to the new Corporation Yard without voiding the Convault warranty on said tanks, and, accordingly, Donlee Pump Company is a sole source under SRMC 11.50.090, thereby excusing the need for competitive bidding. NOW, THEREFORE, IT IS RESOLVED by the Council of the City of San Rafael that the bid of Donlee Pump Company is hereby accepted at the price quoted in the Proposal, and that Donlee Pump Company is hereby awarded the work quoted in the Proposal. BE IT FURTHER RESOLVED that the Council of the City of San Rafael hereby finds Donlee Pump Company to be a sole source, and, accordingly, the Council does hereby waive the competitive bidding requirements of SRMC Chapter 11.50. BE IT FURTHER RESOLVED that the Council of the City of San Rafael does hereby authorize the Director of Public Works to execute the contract with Donlee Pump Company for these services in an amount not to exceed $84,500 in the form approved by the City Attorney. 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 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 members of said Council held on the 1 st day of July, 2002, by the following vote: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMI3ERS: None ABSENT: COUNCILMEMBERS: Cohen JEANhf M. LEONCINI, City Clerk File No.: 06.01.151 -2- City of San Rafael ♦ California Form of Contract Agreement For CITY OF SAN RAFAEL CORPORATION YARD FUEL PUMP/STORAGE TANK INSTALLATION This Agreement is made and entered into this 1st day of July, 2002 by and between the City of San Rafael (hereinafter called City) and Donlee Pump Company (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to famish all of the materials and all of the equipment and labor necessary, and to perform all of the work listed on the attached Quotation of the Contractor for the project entitled: CITY OF SAN RAFAEL CORPORATION YARD FUEL PUMP/STORAGE TANK INSTALLATION 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. II — Contract Documents The Contract Documents consist of the following, all of which are as fully a part hereof as if herein set out in full and, if not attached hereto, the same as if hereto attached: A. The accepted Quotation of the Contractor. B. Workers Compensation, Public Liability and Property Damage Insurance, as required from the Contractor pursuant to the terms of the Contract. D. This Agreement. E. The General Conditions, if applicable. F. The Specifications and the Drawings if applicable and all authorized modifications thereof and Addenda thereto. 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 September 30, 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. September 30, 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 Seventy-six thousand, seven -hundred thirty six dollars even, ($76,736), said sum being the total of the Contractor's Quotation. 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 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 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. 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: Leoncini CITY OF SAN RAFAEL: Allb)t("B oro City Clerk Mayor City Attorney CONTRACTOR: HUU—Zb—ZVWZ 11161;0-t LA*011-1111-11=11= r-ull-111— a. . M 104 0 12110, Andruini & Cv Lld*nNa 0209829 220 West 20th Ave. San Mateo, CA 94403 (650)573-1111 pax(650)378-4361 E.R. VINE a& SONS, INC., VINE TRANSPORTATION & DONLEE PUMP CoMpANy - p.o. 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EACH A=QWr AND...... – ..................... .............. ................................. DMEW - POLICY LIMIT .................. . EMI'llaVC11111 UAIILfff DWME - EACH EMPLOYEE 3 . ......................................... . .................... ............. ............................................... s...................._............................................. ............................................................................".........n sa oc ....... ....................... .. .. .......... ............. ....... . .. . . .. .............. .......... ..... ............. ..................... ................. ................... ....... ............... nu mm , T3 i'm.�(T ADDITIONAL INSURED AS PER ENDORSEMENT ATTACHED.; RE: CORPORATION YARD RELOCATION 2001 MEL PUMP/STORAGE TANK INSTALLATION, PROJECT NO. 10702 AY 30 D ELL WITH TO NON -P ■ WK .... ..... ... . . R' fill 1 1 ;" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRrmN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 21TY OF SAN RAFAEL LEFT. BUT FAILURE TO ML SUCH NOTICE SHALL IMPOR NO CBJUGATION OR 1400 FIFTH AVENUE.:uABiLiTy OF ANY KIND UPON THE COMPANY, ITS AMTS OR REPRESENTATIVES, "IlTwomm 1mrware K.� cow