HomeMy WebLinkAboutCC Resolution 8229 (Linden Lane Drainage Impr)RESOLUTION NO. 8229
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 28th day of August, 1990, 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:
LINDEN LANE DRAINAGE IMPROVEMENTS
PROJECT NO. 001-2150-148-8000
in accordance with the plans and specifications therefor on file in the office of said
City Clerk; and
WHEREAS, the bid of Bauman Landscape, Inc. at the unit prices stated
in its bid was and is 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 Bauman Landscape, Inc., and the same is hereby accepted at said unit
prices and that the contract for said work and improvements be and same is hereby
awarded to said Bauman Landscape, Inc. at the unit prices mentioned in said bid;
IT IS FURTHER ORDERED AND RESOLVED that any and all certified
checks, cash, or bond accompanying the bids of unsuccessful bidders be forthwith
returned to them respectively;
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;
Vice
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 Bauman
Landscape, Inc. for said work and to return the bidders bond upon the execution of
said contract.
I Gwi�s��
RESOLUTION NO. 8229
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 Tuesday, the 4th day of
September, 1990, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey & Mayor Mulryan
JEX,PEONCIlVI, City Clerk
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N
AGREEMENT
THIS AGREEMENT, made on the 4th day of
September 1990 by and between the CITY OF SAN
RAFAEL, party of the first part, i;ereinafter called the OWNER, and
BAUMAN LANDSCAPE, INC.
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the
considerations hereinafter named, agree as follows:
ARTICLE I - 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
LINDEN LANE DRAINAGE IMPROVEMENTS
PROJECT NO. 001-21501488000
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:
ARTICLE II - Time of Completion
(a) The work to be performed under this Contract shall
be commenced within 10 calendar days after the date of
written notice by the Owner to the Contractor to proceed.
(b) The work shall be completed within 30 working days
after the date of such notice and with such extensions of
time as are provided for in the General Conditions.
ARTICLE III - 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 Owner 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 Owner 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 con-
stitute a waiver of all claims by the Owner, 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
Owner 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 con-
stitute a waiver of claims.
ARTICLE IV - Payment
(a) The Contract Sum. The Owner 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
included 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.
N
AGREEMENT (CONT'D)
PROJECT:
ITEM NO.
1.
2.
PAYMENT SCHEDULE FOR
LINDEN LANE DRAINAGE IMPROVEMENTS
PROJECT NO. 001-21 501 488000
ITEM
UNIT UNIT PRICE
12" RCP
L.F.
$
33.00
Grated Drop Inlet
Each
$
500.00
3. Storm Drain Lateral L.F. $ 100.00
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7
(b) Progress Payments.
1. 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 Owner
and/or Contractor.
2. On not later than the 15th day of the month, the
Owner shall, after deducting previous payments made,
pay to the Contractor 90ro of the amount of the estimate
as approved by the Public Works Department.
3. 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.
4. 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 public agency's Finance
Director (Treasurer), whose decision on valuation of
the securities shall be final.
IN WITNESS WHEREOF the parties hereto have executed this Agree-
ment, the day and year first above written.
APPROVED:
city ttorney
PUBLIC WORKS DEPARTMENT
CITY OF SAN RAFAEL
By : � �d
Vick Mayor
C it ,
Cty Clerk
CONTRACTOR
BAUMAN LANDSCAPE, INC.
B
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