HomeMy WebLinkAboutReso - CC - 024-2025 RESOLUTION NO. 024-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AWARDING A CONSTRUCTION CONTRACT TO T&S INTERMODAL
MAINTENANCE, INC. DBA T&S WEST (T&S WEST CONSTRUCTION), IN AN
AMOUNT NOT-TO-EXCEED $194,210.32, FOR THE CCFD FIRE STATION 36
BATHROOM REMODEL AND ACCESSIBILITY UPGRADE PROJECT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
CONTRACT
CITY PROJECT NO. 87090
WHEREAS, the City of Burlingame is a member of the Sourcewell JPA and has utilized
Sourcewell’s cooperatively purchased contracts in the past; and
WHEREAS, T&S West holds a multiyear contract by Sourcewell General Services
Cooperative Purchasing Agreement (Contract Number CA-R3-GB01-123021-TSW) to provide
general building and construction services to Sourcewell/NJPA members throughout California;
and
WHEREAS, choosing a contractor with a current Sourcewell contract complies with the
City of Burlingame’s procurement policies for procuring work f or new construction in the open
market as a listed alternative to competitive bidding; and
WHEREAS, on November 22, 2021, Sourcewell issued notice inviting bid proposals for
the Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California; and
WHEREAS, on December 30, 2021, all proposals were received and opened via
Sourcewell’s procurement process; and
WHEREAS, T&S West was selected by Sourcewell for Contract Number CA-R3-GB01-
123021-TSW using five adjustment factors for each contract opportunity within the region to the
fixed prices in the Construction Task Catalog; and
WHEREAS, City staff worked with Gordian, a Sourcewell approved project management
and contractor sourcing company, to develop the scope of work and not-to-exceed amount of
$192,210.32 for the project.
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Contract
Documents, in the form attached hereto, are approved and adopted; and
BE IT FURTHER RESOLVED that the Scope of Work from Gordian for T&S West for said
project in the amount of $192,210.32, and the same hereby is accepted; and
Docusign Envelope ID: 0A47D54F-AFF3-4D97-9C3E-D0E2B1648E81
BE IT FURTHER RESOLVED THERETO that the Construction Contract be entered into
between the successful bidder hereinabove referred to and the City of Burlingame for the
performance of said work, and that the City Manager is authorized on behalf of the City of
Burlingame to execute said contract and to approve the faithful performance bond and the labor
materials bond required to be furnished by the contractor.
____________________
Peter Stevenson, Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 7th day of April,
2025, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, COLSON, PAPPAJOHN, STEVENSON, THAYER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
____________________
Meaghan Hassel Shearer, City Clerk
Docusign Envelope ID: 0A47D54F-AFF3-4D97-9C3E-D0E2B1648E81
AGREEMENT - 1
AGREEMENT FOR PUBLIC IMPROVEMENT
CCFD FIRE STATION 36 BATHROOM REMODEL AND ACCESSIBILITY UPGRADE
CITY PROJECT NO. 87090
THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame,
County of San Mateo, State of California on , 2025 by and
between the CITY OF BURLINGAME, a Municipal Corporation, hereinafter called "City",
and T&S Intermodal Maintenance, Inc. dba T&S West, a California Corporation,
hereinafter called "Contractor."
WITNESSETH :
WHEREAS, City has taken appropriate proceedings to authorize construction of
the public work and improvements herein provided for and to authorize execution of this
Contract; and
WHEREAS, pursuant to State law and City requirements, a notice was duly
published for bids for the contract for the improvement hereinafter described; and
WHEREAS, on April 7, 2025, after notice duly given, the City of Burlinga me
awarded the contract for the construction of the improvements hereinafter described to
Contractor, which the City found to be the lowest responsive, responsible bidder for these
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 described in those Contract Documents entitled:
SOURCEWELL AND GORDIAN DETAILED SCOPE OF WORK ASSOCIATED WITH
EZIQC CONTRACT NO.: CA-R3-GB01-123021-TSW .
2. The Contract Documents.
The complete contract between City and Contractor consists of the following
documents: this Agreement; Sourcewell Bid Invitation, attached hereto as Exhibit A; the
accepted Sourcewell Contractor Proposal, attached hereto as Exhibit B; the Sourcewell
AGREEMENT - 2
Indefinite Quantity Construction Contract Technical Specifications Book 1 CSI Divisions
01-46, 2021, attached as Exhibit C; the State of California Standard Specifications 2010,
as promulgated by the California Department of Transportation; prevailing wage rates of
the State of California applicable to this project by State law; and all bonds; which are
collectively 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, which
are hereby incorporated as if fully set forth herein. All of the above described documents
are intended to cooperate so that any work called for in one, and not mentioned in t he
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 ninety-four thousand, two hundred ten
dollars and thirty-two cents ($194,210.32), called the “Contract Price”. This price is
determined by the lump sum and unit prices contained in Contractor's Bid. In the event
authorized 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. Termination
At any time and with or without cause, the City may suspend the work or any
portion of the work for a period of not more than 90 consecutive calendar days by notice
in writing to Contractor that will fix the date on which work will be resumed. Contractor
will be granted an adjustment to the Contract Price or an extension of the Time for
Completion, or both, directly attributable to any such suspension if Contractor makes a
claim therefor was provided in the Contract Documents.
The occurrence of any one or more of the following events will justify termination
of the contract by the City for cause: (1) Contracto r’s persistent failure to perform the
work in accordance with the Contract Documents; (2) Contractor’s disregard of Laws or
Regulations of any public body having jurisdiction; (3) Contractor’s disregard of the
authority of the Engineer; or (4) Contractor’s violation in any substantial way of any
provision of the Contract Documents. In the case of any one or more of these events, the
City, after giving Contractor and Contractor’s sureties seven calendar days written notice
of the intent to terminate Contractor’s services, may initiate termination procedures under
the provisions of the Performance Bond. Such termination will not affect any rights or
AGREEMENT - 3
remedies of City against Contractor then existing or that accrue thereafter. Any retention
or payment of moneys due Contractor will not release Contractor from liability. At the
City’s sole discretion, Contractor’s services may not be terminated if Contractor begins,
within seven calendar days of receipt of such notice of intent to terminate, to correct its
failure to perform and proceeds diligently to cure such failure within no more than 30
calendar days of such notice.
Upon seven calendar days written notice to Contractor, City may, without cause
and without prejudice to any other right or remedy of City, terminate the Contract for City’s
convenience. In such case, Contractor will be paid for (1) work satisfactorily completed
prior the effective date of such termination, (2) furnishing of labor, equipment, and
materials in accordance with the Contract Documents in connection with uncompleted
work, (3) reasonable expenses directly attributable to termination, and (4) fair and
reasonable compensation for associated overhead and profit. No payment will be made
on account of loss of anticipated profits or revenue or other economic loss arising out of
or resulting from such termination.
5. 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.
6. 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:
Weizhi Cheng, Senior Engineer
City of Burlingame
501 Primrose Road
Burlingame, California 94010
(650) 558-7230
Notices required to be given to Contractor shall be addressed as follows:
Travis Collins, Chief Operating Officer
T&S West
PO Box 1592
Linden, CA 95236
(209) 942-1360
AGREEMENT - 4
7. Interpretation
As used herein, any gender includes the other gender and the singular includes
the plural and vice versa.
8. 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. One or more
waivers of any term, condition, or other provision of this Agreement by either party shall
not be construed as a waiver of a subsequent breach of the same or any other provision.
9. Controlling Law.
This Agreement is to be governed by and interpreted in accordance with the laws
of the State of California.
10. Successors and Assignees.
This Agreement is to be binding on the heirs, successors, and assigns of the
parties hereto but may not be assigned by either party without first obtaining the written
consent of the other party.
11. Severability.
If any term or provision of this Agreement is deemed invalid, void, or unenforceable
by any court of lawful jurisdiction, the remaining terms and provisions of the Agreement
shall not be affected thereby and shall remain in full force and effect.
12. Insurance.
12.1 Time for Compliance. Contractor shall not commence Work under this
Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this Section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under
this Section.
12.2 Minimum Requirements. Contractor shall, at its expense, procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of
AGREEMENT - 5
the Agreement by the Contractor, its agents, representatives, employees or
subcontractors. Contractor shall also require all of its subcontractors to procure and
maintain the same insurance for the duration of the Agreement. Such insurance shall
meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance
as required by the State of California and Employer’s Liability Insu rance. The policy shall
not contain any exclusion contrary to the Agreement, including but not limited to
endorsements or provisions limiting coverage for (1) contractual liability (including but not
limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured
against another.
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with general aggregate limit is used including, but not limited to, form CG 2503,
either the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 combined single limit for bodily injury and property damage; and (3)
Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as
required by the Labor Code of the State of California. Employer’s Liability limits of
$1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in
addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15 ) days
prior to the expiration of any such policy, evidence showing that such insurance coverage
has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (10) days after r eceipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through
another insurance company or companies. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not
replaced, the City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by the City will be promptly reimbursed by Contractor or the City
AGREEMENT - 6
may withhold amounts sufficient to pay premium from Contractor payments. In the
alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of Burlingame, its officials, officers, employees,
agents, and volunteers shall be named as additional insureds on Contractor’s and its
subcontractors’ policies of commercial general liability and automobile liability insurance
using the endorsements and forms specified herein or exact equivale nts.
12.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed
(amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of Burlingame, its officials, officers,
employees, agents, and volunteers shall be covered as additional insured with respect to
the Services or ongoing and complete operations performed by or on behalf of the
Contractor, including materials, parts or equipment furnished in connection with such
work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage,
the insurance coverage shall be primary insurance as respects the City, its officials,
officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain
of coverage excess of the Contractor’s scheduled underlying coverage. Any excess
insurance shall contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of the City, before the City’s own primary insurance
or self-insurance shall be called upon to protect it as a named insured. Any insurance or
self-insurance maintained by the City, its officials, officers, employees, agents, and
volunteers shall be excess of the Contractor’s insurance and shall not be called u pon to
contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as add itional insureds
pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be
endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Contractor or for which the Contractor is responsible; and (2) the
insurance coverage shall be primary insurance as respects the City, its officials, officers,
AGREEMENT - 7
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its officials, officers, employees, agents, and
volunteers shall be excess of the Contractor’s insurance and shall not be called upon to
contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds
pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability Co verage. The insurer
shall agree to waive all rights of subrogation against the City, its officials, officers,
employees, agents, and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this Agreement shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled
except after thirty (30) days (10 days for nonpayment of premium) prior written notice by
certified mail, return receipt requested, has been given to the City; and (B) any failure to
comply with reporting or other provisions of the policies, including breaches of warranties,
shall not affect coverage provided to the City, its officials, officers, employees, agents,
and volunteers. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the City, its officials,
officers, employees, agents and volunteers, or any other additional insureds.
12.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation.
All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its officials, officers, employees, agents, and
volunteers. All policies shall waive any right of subrogation of the insurer against the City,
its officials, officers, employees, agents, and volunteers, or any other additional insureds,
or shall specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against City, its officials, officers, employees, agents, and
volunteers, or any other additional insureds, and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
AGREEMENT - 8
12.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officials, officers,
employees, agents, and volunteers; or (2) the Contractor shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and administrative
and defense expenses.
12.6 Subcontractor Insurance Requirements. Contractor shall not allow
any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have
secured all insurance required under this Section. If requested by Contractor, the City
may approve different scopes or minimum limits of insurance for particular
subcontractors. The Contractor and the City shall be named as additional insureds on all
subcontractors’ policies of Commercial General Liability using ISO form 20 38, or
coverage at least as broad.
12.7 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A-:VIII, licensed to do business in California,
and satisfactory to the City.
12.8 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage
on its behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
12.9 Reporting of Claims. Contractor shall report to the City, in addition to
Contractor’s insurer, any and all insurance claims submitted by Contractor in connection
with the Services under this Agreement.
13. Indemnification.
Contractor shall indemnify, defend, and hold the City, its directors, officers,
employees, agents, and volunteers harmless from and against any and all liability, claims,
AGREEMENT - 9
suits, actions, damages, and causes of action arising out of, pertaining or relating to the
actual or alleged negligence, recklessness or willful misconduct of Contractor, its
employees, subcontractors, or agents, or on account of the performance or character of
the services, except for any such claim arising out of the sole negligence or willful
misconduct of the City, its officers, employees, agents, or volunteers. It is understood
that the duty of Contractor to indemnify and hold harmless includes the duty to defend as
set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for
any design professional services, the duty to defend and indemnify City shall be limited
to that allowed by state law. Acceptance of insurance certificates and endorsements
required under this Agreement does not relieve Contractor from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause
shall apply whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
AGREEMENT - 10
IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting
of five 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
By
Lisa K. Goldman
City Manager
Approved as to form:
Michael Guina, City Attorney
ATTEST:
Meaghan Hassel-Shearer, City Clerk
CONTRACTOR
By
Print Name:
Title:
Company Name: T&S West
Construction