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
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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
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PROPERTY (Per accldenq MAGE
3
AUTO ONLY - EA ACCIDENT S
OTHER THAN EA ACC i
AUTO ONLY: AGO S
EACH OCCURRENCE i
AWREGATE s
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WC STATLI OTH-
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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