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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.