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. BOX 276
CERES, CA. 95307
11IM111119411 1111 I'll fimll "i'AMI'M,
0011,10(m
07/22/.
2002
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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
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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
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