HomeMy WebLinkAboutCC Resolution 9724 (Traffic Signal System Installation Civic Cener Dr)RESOLUTION NO. 9724
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 10th day of October, 1996, pursuant to due and legal
notice published in the manner provided by law, inviting sealed bids or proposals for the
work hereinafter mentioned, as more fully appears from the Affidavit of Publication
thereof on file in the office of the City Clerk of the City of San Rafael, California, the City
Clerk of said City did publicly open, examine and declare all sealed bids or proposals for
doing the following work in said City, to wit:
"TRAFFIC SIGNAL SYSTEM INSTALLATION AT THE INTERSECTION OF CIVIC
CENTER DRIVE/MCINNIS PARKWAY"
PROJECT NO. 046-4610-409-8000
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of GHILOTTI BROTHERS CONSTRUCTION INC. at
the unit prices stated in its bid was and is the lowest and best bid for said work and said
bidder is the lowest responsible bidder therefor;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that
the bid of GHILOTTI BROTHERS CONSTRUCTION INC. and the same is hereby
accepted at said unit prices and that the contract for said work and improvements be and
the same is hereby awarded to said GHILOTTI BROTHERS CONSTRUCTION INC. at
the unit prices mentioned in said bid.
IT IS FURTHER ORDERED AND RESOLVED that the City Engineer is
hereby authorized to extend the time for completion of the contract as set forth herein
upon showing of good cause by the Contractor.
IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City
Clerk of said City be authorized and directed to execute a contract with GHILOTTI
BROTHERS CONSTRUCTION INC. for said work and to return the bidders bond upon
the execution of said contract.
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 Monday, the 21 ST day of October, 1996, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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City of San Rafael ♦ California
Contract Agreement
for
TRAFFIC SIGNAL SYSTEM INSTALLATION AT THE
INTERSECTION OF CIVIC CENTER DR./MCINNIS PKWY.
This Agreement is made and entered into this 21st day of October, 1996 by and between
the City of San Rafael (hereinafter called City) and Ghilotti Brothers Construction, Inc.
(hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the
considerations hereinafter named, agree as follows:
H - 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: Traffic Signal System Installation at the
Intersection of Civic Center and McInnis Parkway, 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 120
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed within 40 working days after the date of such notice
and with such extensions of time as are provided for in the General Conditions.
111I - 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 $500 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.
1V - 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
AGREEMENT • 1
COPY
number of units that are incorporated in or made necessary by the work covered by
the Contract.
PROJECT 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
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 Contractor, 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
AGREEMENT • 2
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:
.Wanne M. Leoncim
City Clerk
CITY OF SAN RAFAEL:
Albert
Mayor
APPROVE 91S ORM: CONTRACTOR:
XV
Wary . Ra ianti GHILOTTI BROTHERS EVA R. GHILOTTI
City Attorney CONSTRUCTION, INC. PRESIDENT/CEO
AGREEMENT • 3