HomeMy WebLinkAboutCC Resolution 9496 (Clorinda Ave Drainage Improvements)RESOLUTION NO. 9496
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 13th day of November, 1995, 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:
"CLORINDA AVENUE DRAINAGE IMPROVEMENTS"
PROJECT NO. 042-4210-424-8000
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Alamo Engineering 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 Alamo Engineering 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 Alamo Engineering 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 Alamo
Engineering 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 201h day of November, 1995, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
JEANE M. LEONCIIVI, City Clerk
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City of San Rafael ♦ California
Contract Agreement
for
Alamo Engineering
This Agreement is made and entered into this 20th day of November 1995 by and between
the City of San Rafael (hereinafter called City) and Alamo Engineering (hereinafter called
Contractor). Witnesseth, that the City and the Contractor, for the considerations
hereinafter named, agree as follows:
II - 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: Clorinda Ave Drainage Improvements, 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 5 calendar
days after the date of written notice by the City to the Contractor to proceed.
(b) The work shall be completed within 10 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 number of units
that are incorporated in or made necessary by the work covered by the Contract.
AGREEMENT • 1
CIr, � � I ---
PROJECT SCHEDULE
NO. ITEM QUANTITY UNITS UNIT TOTAL PRICE
PRICE
1.
24" Class III RCP
525
LF
@
$69.50 =
$36,487.5
2.
12" RCP
15
LF
@
$121.56 =
$1,823.4
3.
Controlled Density Fill
30
CY
@
$160.25 =
$4,807.5
4.
Type `B" Manhole
3
Each
@
$1,625.00 =
$4,875.0
GRAND TOTAL BID
$47,993.4
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.
AGREEMENT • 2
(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:
CITY OF SAN RAFAEL:
J�a�riS�oncini Albert Bor
City Clerk Mayor
APPROVED' ^ S. TO FORM: CONTRACTOR:
AJ
"Gary r Ragghianti
City Attorney
ALAMO ENGINEERING
AGREEMENT 0 3