HomeMy WebLinkAboutReso - CC - 099-2014RESOLUTION NO. 99—:2014
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AWARDING A CONTRACT TO CWS CONSTRUCTION FOR THE VILLAGE PARK
RESTROOM REPLACEMENT (CITY PROJECT #81990) AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Burlingame Parks and Recreation Department on
October 16, 2014 re -advertised for the Village Park Restroom Replacement Project
in local newspapers and contractor clearing houses for soliciting bids; and
WHEREAS, on November 6, 2014, at 2 pm, all bids received were opened
in public in the office of the Parks and Recreation Department at 850 Burlingame
Ave, California; and
WHEREAS, the bid of CWS Construction was determined to be the lowest
responsive and responsible bid for the total job in the amount of $155,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
1. CWS Construction is determined to have submitted the lowest responsive and
responsible bid for the Village Park Restroom Replacement Project, City
Project No.81990, and the same is hereby accepted.
2. The City Manager is hereby authorized to execute an agreement with CWS
Construction for the performance of said work, in the form attached to this
resolution.
Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the Burlingame City Council
held on the 17th day of November, 2014, and was adopted thereafter by the following
vote:
AYES: Councilmembers: BROWNRIGG,REIGHRAN,NAGEL,ORTIZ, ROOT
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE A
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Mary Ell n Kearney, City Clerk
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Agreement For Public Improvement
Village Park Restroom Replacement 2014-2015 - City Proiect No. 81990
THIS AGREEMENT, made and entered into in the City of Burlingame, County of
San Mateo, State of California on November 17, 2014, by and between the CITY OF
BURLINGAME, a municipal corporation, hereinafter called "City", and CWS Construction
hereafter called "Contractor,"
WITNESSETH:
WHEREAS, City has taken appropriate proceedings to authorize construction of the
public work and improvements herein provided for and execution of this Contract; and
WHEREAS, a notice was duly published for bids for the contract for the
improvement hereinafter described; and
WHEREAS, on November 17, 2014 after notice duly given, the City Council of said
City awarded the contract for the construction of the improvements hereinafter described to
Contractor, which contractor said Council found to be the lowest responsible bidder for said
improvements; and
WHEREAS, City and Contractor desire to enter into this agreement for the construction
of said improvements;
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Scope of work.
Contractor shall perform the work as described on Village Park Restroom
Replacement 2014-2015, PROJECT NO. 81990 Proposal, Contract & Special Provisions.
2. The Contract Documents.
The complete contract between City and Contractor consists of the following
documents: this Agreement; the Notice Inviting Sealed Bids, attached hereto as Exhibit A; the
accepted Bid Proposal, attached hereto as Exhibit B; the provisions contained in the contract
book entitled "Village Park Restroom Replacement 2014-2015 — City Project No. 81990",
attached as Exhibit C; the complete General and Special Provisions set forth in the State of
California Standard Specifications for the Construction of Local Streets and Roads, July 2002
edition, as promulgated by the California Department of Transportation; prevailing wage rates of
the State of California applicable to this project under State law; and all bonds, which are
collectively hereinafter referred to as the Contract Documents. All rights of the City and
Contractor are fully set forth and described in the Contract Documents, which are hereby
incorporated as if fully set forth herein. All of the above documents are intended to cooperate so
that any work called for in one, and not mentioned in the other, or vice versa, is to be executed
the same as if mentioned in all said documents.
3. Contract Price.
The City shall pay, and the Contractor shall accept, in full, payment of the work
above agreed to be done, to the sum of One hundred fifty-five thousand dollars, ($155,000).
Said price is determined by the unit (section) prices contained in Contractor's Bid.
In the event work is performed or materials furnished in addition to those set forth in
Contractor's Bid and the Specifications, such work and materials will be paid for at the unit
(section) prices therein contained. Said amount shall be paid in progress payments as provided
in the Contract Documents.
4. Provisions Cumulative.
The provisions of this Agreement are cumulative and in addition to and not in
limitation of any other rights or remedies available to the City.
5. Notices.
All notices shall be in writing and delivered in person or transmitted by certified mail,
postage prepaid.
Notices required to be given to the City shall be addressed as follows:
Margaret Glomstad, Parks and Recreation Director
City of Burlingame
850 Burlingame Avenue
Burlingame, California 94010
Notices required to be given to Contractor shall be addressed as follows:
CWS Construction c/o Charlie Slack
94 San Benito Way
Novato, CA 94945
Tel: (415) 599-5595
Email: cwsconstruction@comcast.net
6. Interpretation.
As used herein, any gender includes the other gender and the singular includes the
plural and vice versa.
7. Waiver or Amendment.
No modification, waiver, mutual termination, or amendment of this Agreement is
effective unless made in writing and signed by the City and the Contractor.
IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of three (3)
pages, including this page, each of which counterparts shall for all purposes be deemed an
original of this Agreement, have been duly executed by the parties hereinabove named on the
day and year first hereinabove written.
CITY OF BURLINGAME
"CONTRACTOR"
Lisa K. Goldman, City Manager CWS Construction
ATTEST:
Mazy Ellen Kearney, City Clerk
Approved as to form:
Kathleen Kane, City Attorney