HomeMy WebLinkAboutCC Resolution 7813 (Traffic Signal Installation Northgate)RESOLUTION NO. 7813
RESOLUTION OF AS•`TARD OF CONTRACT
WHER✓_:-�_S, on the23rI 24taay of August , 19 88 , pursuant
to due and legal notice published in the manner provided by law,
inviting sealed bids or proposals for the work hereinafter men-
tioned, as more fully appears from the Affidavit of Publication
thereof on file Ln 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 INSTALLATION
NORTHGATE ACTIVITY CENTER AREA
PROJECT NO. 015-29500216 (A-88)
in accordance with the plans and specifications therefor on file in
the office of said City Clerk; and
WHE?.?AS, the bid of Steiny & Co., Inc.
at the lump sum Price stated in its bid was and is the lowest and
best bid for said work and said bidder is the lowest responsible
bidder there=or;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the
bid of Steiny & Co., Inc.
be and the same is hereby accepted at saidlump sum price and that
the contract for said work and improvements be and same is hereby
awarded
to said
Steiny
& Co., Inc.
at the
lump sum
price
mentioned in said bid;
IT IS FuRTR 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;
IT IS FU?T=R ORDERED AND RESOLVED that the Mayor and the
City Clerk oT said City be authorized and directed to execute a con-
tract with Steiny & Co., Inc.
for said work and to return the bidders bond upon the execution of
said contract.
RESOLUTION NO. 7L
I, JEa`J_4E 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 6th day of September
19 88 , by the following vote, to wit:
ARIES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCIL_•iEMBERS: None
(YANNE M. LEON�NICity Clerk.
-2-
AGREEMENT
THIS AGREEMENT,
made on
the
6th
day of
September
1988
by and
between
the CITY OF SAN
RAFAEL, party of the first part, hereinafter called the OWNER, and
STEINY AND COMPANY, INC.
party of the second mart, 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
TRAFFIC SIGNAL INSTALLATION, NORTHGATE ACTIVITY CENTER
AREA, PROJECT NO. 015-29500216(A-88)
all iii 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 5 calendar days after the date of
written notice by the Owner to the Contractor to proceed.
(b) The work shall be completed within 110 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 •.Mork required
by this Contract has been completed and is accepted by
5
n.,
DIC -3y,
him under the terms and co I'di.tions t11ereoI, anti the anti r•..'
balance found to be due the Contractor, including the
r,etainr.d i,ereentage, shall be paid 'to %ile 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,
mat(.3rial 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
CclSeS where such payment ►_ids not already been guaranteed
by surety bond.
(c) The making and acceptance of the final payment shall con-
stitute a %,.giver 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 spec ifica.tions; or
(4) manufacturers' guarantees. It shall also constitute
waiver of all claims by the Contractor, except those
previously made and still unsettled.
(d) If after the wort: has been substantially completed, full
cc.irijjletion thereof is materially delayed through no fault
of 1:he Contractor, and the Engineer so certifies, the
Ownur 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) 'Elie Contract Sum. The Owner shall pas- 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 !snits that are incorporated in or made necessary
by the work covered by the Contract.
AGREEMENT (Cont'd)
PAYMENT SCHEDULE FOR
PROJECT: TRAFFIC SIGNAL INSTALLATION
NORTHGATE ACTIVITY CENTER AREA
PROJECT NO. 015-29500216(A-88)
ITEM NO. ITEM UNIT UNIT PRICE
1. Traffic Signal Installation - L.S $76,500.00
Smith Ranch Road and Redwood
Highway
2. Traffic Signal Installation - L.S. $50,893.00
Del Presidio Blvd. and
Las Gallinas Avenue
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, anis -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
{honer shall, after deducting previous payments made,
pay to the Contractor 90X, 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 100ro 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:
17/
ity At torn
r
PUBLIC rim ll1 PAIiTMEN'I
CITY OF SAN RAFAE.L
—. Mayes
X.
City Jerk
CONTRACTOR
STEINY AND COMPANY, INC.
P y =--
%' PERRY, SECR" APY
8
STATE OF CALIFORNIA
COUNTY OF Los Angeles
ACKNOfYLEOGMENT—Corporatuen—Wolcolls Form 222CA"X—Rev 5.82
X1198: V�OLCOTTS VIC (Deco class 8.2)
ss.
On this 1401 day of September, 1988 , in the year 19_,
before me, the undersigned, a Notary Public in and for said State, personally appeared
Jav E. Perry — Secretar
STEINY AND COMPANY , INC . personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the Corporation therein named, and acknowledged to me that
the Corporation executed it
tNITNESS my hand and official seal.
i"
P/_,!
i
Notary Public in and for saidState.