HomeMy WebLinkAboutReso - CC - 084-1999RESOLUTION NO. 84-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AGREEMENT WITH DESILVA GATES TO MAKE REVISIONS TO
SOCCER FIELD DRAINAGE (PROJECT NO. 9117(1))
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City is closing the Bayfront landfill and converting it to use as a recreation
facility; and
WHEREAS, in constructing the soccer field at the facility, the general contractor imported
drainage rock that technically met certain specifications but failed to adequately perform due to the
presence of recycled concrete; and
WHEREAS, the City has offered to allow DeSilva Gates to correct this problem in return
for fair consideration of the extra material needed to perform the work while recognizing the savings
that the City obtained from not paying for high grade drainrock in the initial bids; and
WHEREAS, DeSilva Gates' offer to perform the work is fair and appropriate; and
WHEREAS, this negotiated additional work will avoid litigation, allow a qualified and
experienced contractor to complete the work, and be the most cost effective resolution to the project
while not assigning liability to any party; and
WHEREAS, open bidding is not required in settlement of this problem; and
WHEREAS, this resolution will allow the landscaping contractor who is completing the
recreation facility to maintain its schedule without incurring significant delay costs,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The City Manager is authorized and directed to execute the Agreement generally in the
form attached as Exhibit A hereto.
2. The Clerk is directed to attest to the signature of the Manager.
r—
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 2nd day of
AUGUST 1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMEERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
GALL IGAI
2
AGREEMENT FOR PUBLIC
SOCCER FIELD DRAINAGE REVISIONS BURLINGAME LANDFILL
CITY PROJECT NO. 9117(1)
THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County
of San Mateo, State of California on August 2, 1999, by and between the CITY OF BURLINGAME,
a municipal corporation, hereinafter called "City", and DeSILVA GATES, LIMITED
PARTNERSHIP, hereinafter called "Contractor,"
WITNESSETH:
WHEREAS, the existing Soccer Field area drainage improvements installed by Contractor and
accepted by the City do not perform adequately; and
WHEREAS, the City has prepared plans and specifications for correction of this problem; and
WHEREAS, on August 2, 1999, the City Council of said City awarded the contract for the
construction of the improvements hereinafter described to Contractor, which contractor said Council
found a responsible bidder for said improvements; and
WHEREAS, City and Contractor desire to enter into this agreement for the construction as
settlement of any and all known drainage difficulties in the Soccer Field area as originally installed by
Contractor;
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Scope of work.
Contractor shall perform the work described in those Plans and Specifications dated July 22,
1999, and attached Exhibits A-1 and A-2.
ON
2. The Contract Documents.
The Complete contract consists of the following documents: This Agreement, Exhibits A-1 and
A-2, copies of the prevailing wage rates on file with the Director of Public Works, the Plans and
Specifications dated July 22, 1999, and State Standard Specifications, Special Provisions and all bonds,
and the Construction Specifications for Phase II Landfill Closure, City Project No. 9117(1) included
by reference, and are hereinafter referred to as the Contract Documents.
All rights and obligations of City and Contractor are fully set forth and described in the
Contract Documents. All of the above described 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, the sum of ONE HUNDRED EIGHTY-THREE THOUSAND SEVEN HUNDRED FI f Y
AND 00/100 dollars ($183,750.00). Said price is determined by the unit prices contained in Contrac-
tor'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 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: CITY ENGINEER
CITY OF BURLINGAME
501 Primrose Road
Burlingame, California 94010
Notices required to be given to Contractor shall be addressed as
follows: DeSILVA GATES, LIMITED PARTNERSHIP
11555 DUBLIN BOULEVARD
DUBLIN, CA 94558
Tel: 925-829-9220
6. Interpretation.
As used herein, any gender includes the other gender and the singular includes the plural and
vice versa.
7. Venue
The applicable law for any legal disputes arising out of this contract shall be the law of the State
of California, and the forum and venue for such disputes shall be the appropriate Superior or Municipal
Court in and for San Mateo County.
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IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of four (4)
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,
A MUNICIPAL CORPORATION
r
City Manager
ATTEST:
City Clerk
"CITY"
F:\WPT1LFSU0BS\AGRMTPUB.IMP 2/7/97
Approved as to form:
City Attorney
DeSilva Gates, Limited Partnership
PUBLIC WORKS DEPARTMENT
TEL: (650) 696-7230
FAX: (650) 685-9310
Peter Davos
DeSilva Gates
11555 Dublin Boulevard
Dublin, CA 94558
Tel: 925/829-9220
Fax: 925/803-4263
EXHIBIT A-1
The City of Burlingame
CITY HALL - 501 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010-3997
July 15, 1999
Re: Soccer Field Drainage Correction - Phase R Landfill Closure
City Job No. 9117(1)
Dear Mr. Davos:
CORPORATION YARD
(6501696-7260
Enclosed are, six (6) copies of plans and specifications for this corrective work. All provisions of Landfill
Closure, Job 9117(1) also apply to this work including bonds, insurance, wages, etc. If you need
additional copies of these sections, please contact me and I will fax them.
As Frank Erbacher discussed by phone with you and Tom Gunther, we want your bid proposal as a lump
sum bid and will need to have it by July 28. If this bid seems appropriate for the situation, we will present
the bid to Council at its August 2, 1999 meeting and if Council approves, on August 3rd we would give
you a notice of award with the contract. The construction period is to be twenty (20) working days upon
Notice to Proceed which requires the bond and insurance. Time is of the essence as we will want to
proceed with soccer field irrigation and planting in September this season.
Sincerely,
.lip ongineer .iliponaE.Senior Civil
pa
c: Tom Gunther, DeSilva Gates
Peter Callander, Callander Associates
City Attorney
Exhibit A-2
C O N S T R U C T 1 O N
11555 Dublin Boukvani
E 0. Box 2909
Dublin, Califomia 94568.2989
925/8299220
CONTRACTORS LICENSE NO. 796195 A
July 28, 1999
City of Burlingame
Public Works Department
City Hall- 501 Primrose Road
Burlingame, Ca. 94010-3997
ATTIC• Mr. Frank Erbacher, City Engineer
RE: Burlingame Landfill
City Job No. 9117(1)
Proposal for Soccer Field Drainage Additions
Gentlemen:
In response to your letter of July 15,1999 DeSilva Gates Construction is pleased to submit for
your consideration and review this proposal for work on the above referenced project. Our
proposal is based on the unapproved plans prepared by Callander Associates, sheets 1 through 3,
dated July 16,1999 and Specification Section 02630 DRAINLINE pages l through 5.
Our L UMP SUM PROPOSAL includes the following specific items of work.
1. Excavate, lay and backfill approximately 5,6001#'ofsubdrain line.
2. Staking.
3. Off haul excess spoil material.
4. Clean up of our work only.
5. All work to be completed within twenty (20) working days from receipt of the
City's Notice to Proceed. The City shall provide a ten (10) working day notice prior to
issuing the Notice to Proceed,
SPECIFIC EXCLUSIONS:
1. Inspection, permits and tests.
2. Removal, modifications or relocation of existing utilities.
3.Handling and/or removal of contaminated materials.
4. Adjusting clean outs to final grade.
5. Erosion control costs.
City of Burlingame
Proposal for Soccer Field Drainage Additions
Page 2 of 2
STANDARD CONDITIONS.•
Lone initial move -in and one continuous operation.
2. Any phasing of work may result in additional costs due to reduction in production and
additional move -ins.
3. Free and unobstructed access must be provided to the site.
4. A temporary stockpile area, outside the work area, must be available for our exclusive
use for the duration of the project.
5. The inclusions, exclusions and conditions in this letter shall be made a part of any
subsequent contract.
The value to construct the above scope of work in accordance with the above terms and
conditions is $222,500.00. However, in an effort to mitigate the City's costs to perform this
additional work and in the spirit of cooperation, DeSilva Gates Construction shall discount the
cost of this work by approximately 17%.
Therefore, our proposal to construct the above scope of work in accordance with the terms and
conditions listed above is $183,750.00.
Please contact Charley Lella of DeSilva Gates Construction at (925) 829-9220 if you have any
questions regarding this proposal and/or to notify us if this proposal is acceptable. We look
forward to working with you on this project.
Very truly yours,
GATES CONSTRUCTION LP
cc: C. Lella
T. Gunther
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