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HomeMy WebLinkAboutCC Resolution 10495 (Mahon Creek Turnkey Project)RESOLUTION NO. 10495 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING PROPOSAL FROM MATTERHORN, FOR A COMPLETE "TURNKEY" PROJECT FOR THE MAHON CREEK EROSION REPAIR AT "B" STREET IN AN AMOUNT NOT TO EXCEED $50,000, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Bank Erosion at "B" Street has increased over time due to the winter rains and thereby is in need of repair; and WHEREAS, the State pursuant to the Program Supplement No. 0057 Rev. 0 as defined in Resolution 10472, has allocated to the City $50,000 to construct erosion repair at "B" Street. WHEREAS, due to nature and scope of work that will be required in this environmentally sensitive area; and WHEREAS, only one contractor was found that could meet the technical specifications and quality considerations; and WHEREAS, Matterhorn can construct a proprietary system that meets the City's needs in this environmentally sensitive area; and WHEREAS, Matterhorn displayed the past experience and qualification necessary for the design and preparation of plans and specifications and construction; and WHEREAS, Staff has reviewed the proposal and scope of services and find them to be acceptable and the costs to be within industry standards. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael does hereby accept the Proposal from Matterhorn to design and prepare plans and specifications and construction of the erosion repair on Mahon Creek at "B" Street, attached herein. RESOLVED, FURTHER, that the Council does hereby find that the bidding requirements of Chapter 11.50 of SRMC are waived pursuant to SRMC section 11.50.090, in that Matternom is the only contractor that can meet the technical specifications for this work. RESOLVED, FURTHER, that the Council does hereby authorize the Mayor to execute the Agreement with Matterhorn for these services in an amount not to exceed $50,000 in the form attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the Director of Public Works 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 Council of said City on the 7"' day of September, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEVEON INI, City Clerk File No.: 08.02.201 City of San Rafael • California Form of Contract Agreement for Project Title This Agreement is made and entered into this7t i day of SEPT. ,1999 by and between the City of San Rafael (hereinafter called City) and Matterhorn (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 11- 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: Mahon Creek Erosion Repair at "B" Street , 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. III- Time of Completion (a) The work to be performed under this Contract shall be commenced within 7 calendar days after the date of written notice by the City to the Contractor to proceed. (b) The work shall be completed within 15 working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. Illi - 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 $100 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. NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE 1. ( Sample Form of Schedule) @ _ 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 AGREEMENT • 1 M $ 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. 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 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: J64nne M.oncini City Clerk CITY OF SAN RAFAEL: 4erlBoro Mayor AGREEMENT 0 2 C TRACTOR: TTERHORN for AGREEMENT • 3 13 November 98 Mr. Steven Zeiger City of San Rafael 1400 Fifth Avenue'P.O.Box 151560 San Rafael, CA94915-1560 415-485-3435/485-3334 fax Re: Creek Repair -Wildlife Center, B St. QUOTE Dear Steve, �` Ck 954G2 4 SANTt POSh 77.542-5113 R O BOYS 57 5 G 2633 FAX. FJ{ON�a6n"32�- Per our conversation we are pleased to quote you a price for this project. We would be responsible for the entire scope of the repair. Permits, fees and inspections by City, other agencies are not included. Items to be included: grading, grubbing, tree removal, and broken concrete rip rap removal, dewatering (we would dam off the area at low tide and pump out the run off for the period of the work; about two weeks), retaining wall foundation and erection complete, restoration of fencing and landscaping removed to facilitate construction. Access to project area shall be provided either through the Center's property (parking lot) or B street. Wall: about 6' to 8' high x 80' long General Conditions (generator, toilet, etc) 2,789.00 Grading, grubbing, tree removal, demolition 4,875.00 Repair landscaping and fence 2,800.00 Project management/site sand bag & dewatering 9,475.00 600 sf Secura Slope Modules @ $7.95/sf = 4,770.00 Engineering Design 950.00 80 If Helix Anchor Foundation per engineering design 8,800.00 80 If of concrete grade beam 2,800.00 Installation of this wall system @ $7.95/sf 4,770.00 Additional equipment; drain rock; handling: 7,500.00 TOTAL QUOTE: $ 49,529.00 A deposit of 10% is required with order. All material sold C.O.D. Thank you for this opportunity to be of service. If you have any questions on our products please call. SinnPrPly Authorization: Date: City of San Rafael Creek Repair-Wildlife Center, B St.OSA CA9"" 9 1 August 99 CASA � 7p7-542'517 P.O.gOX 5754, _325-2633 PNONE apo bra.. a X �.ac�fLS ACORDTM CERTIFICAI - OF LIABILITY INSURAXE.10/11/99 i 1PWAUMER THIS CERTIFICATE IS ISSUED AS A MATTER IF INFORMATION ONLY NO RIGHTS UPON THE David Haynes Ins. Agency HOLDER.NTHISONFERS CERTIFICATE DOES NOT AMEND, CERTIFICATE M END OR P. 0. Box 3639 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Rosa CA 95402 INSURERS AFFORDING COVERAGE NSURm INSURERA:Indian Harbor Insurance Companv Matterhorn California, Inc. RmFERB:Generali Insurance Companv of P.C. Box 5754 INSURER C: Trieste and Venice RECEIVED Santa Rosa, CA 95402 INSURER D: I INSURER E 1 ]1 .T 12 1qq COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS VVUrlKb Litt - ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE II SAN RAFAE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. maTYFE OF NCE SIiRANPOLICY NURSER P��OLLY FFFECTIYE POLICY E7PNA ATION LS az I CNIRALL11"Im AIL007600014 10/29/98 1"0/-029MMI EACH OCCURRENCE S1 , 000, 000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR GEN" AGGREGATE LIMB APPLIES PER: n POLIDY n TRXO- n LDC AUTOYOBLS LLA U" ANY AUTO ALL OWNED AUTOS B SCHEDULED AUTOS B HIRED AUTOS B NON -OWNED AUTOS GARAGE LLIBLITY I ANY AUTO EXCE99 LJABLITY 7 OCCUR E� CLAM MADE DEDUCTIBLE RETENTION s WORKERS COMPE NSA710N AND 6311 LOYIERS' LLABETTY OTHER FIRE DAMAGE (Am one fire) 350,000 MED EW (my W* aer®n) S1 000 PERSON& a ADV INJURY 31 , 000,000 f GMEIRAAGGREGATE s2,000,000 PRODUCTS - COMPIOP AGG 31 , 000,000 COMBINED SINGLE LIMB (Ea a=ide") 1, 000,000 BODILY INJURY GA 1 0300181 11/7/98 11/7/99 (Per person) S BODILY INJURY (Per eccidenn i PROPERTY (Per accldenq MAGE 3 AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC i AUTO ONLY: AGO S EACH OCCURRENCE i AWREGATE s � s s i WC STATLI OTH- E.L.TOFIY LIMITS EACH ACCIDENT $ E I DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT s DESCRWrION OF OPERATION&WCAMONLNENICLESMItCLUSION8 ADDED BY ENDORSEiE7iTISPECILL PROVISIONS Cert. holder is named additional insured by endorsement CG 20 10 11 85, see attached copy. Indian Harbor Insurance policy has been ordered renewed as of 10/29/99. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: Mr. Steven Zeiger City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915 ACORD 25-S (7197) CANCELLATION SHOULD ANY OF THE ABOVE DIESCRBEO POL)CM BE CANCELLFn BEFORE THE WIPIATIDN DATE THEREOF, THE ISSUING NSUMM WLL ENOEAVOR TO UAL 30 DAYS WRmm NOTICE TO THE CERTIFICATE HOLDER NAMED 7O E LEFT, BUT FALURE TO DO 90 SNAIL Bio OBLIOA OR LURBEm OF ANY D UPON THE INSURER, TTS AOEMB OR RGFNT / ® A�. N , ®ACORD�BG@PORATION 1888 ,a POLICY NUMBER: A_ _J07000014 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: BLANKET ADDITIONAL INSURED SHALL BE ANY PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU AGREE IN A WRITTEN CONSTRUCTION CONTRACT TO NAME AS AN INSURED IS AN INSURED (SEE WHO IS AN INSURED BELOW). (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright. Insurance Services Office, Inc., 1984