HomeMy WebLinkAboutCC Resolution 7398 (Tennis Courts Resurfacing)RESOLUTION NO. 7398
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 4th day of August , 19 86, 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 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:
TENNIS COURTS RESURFACING
(SAN RAFAEL HIGH SCHOOL)
PROJECT NO: 019-19909118000
- 1986 -
in accordance with the plans and specifications therefor on file in
the office of said City Clerk; and
WHEREAS, the bid of Malott & Petersen -Grundy
at the lump stun price stated in its bid was and is the lowest and
best bid for said work and said bidder is the lowest responsible
bidder therefor;
NOPT, THEREFORE, I_- IS UERSEY ORDERED AND RE..OLVE that trle
bid of Malott & Petersen -Grundy
be and the same is hereby accepted at said lug sum price and 1'Kat
the contract for said work and improvements be and same i-; :,)ere -by
awarded to said Malott & Petersen -Grundy
at the lump sum price mentioned in said bid;
IT IS FURTHER ORDERED AND RESOLVED that any and all certif4_� c'
checks, cash, or bond accompanying the bids of unsuccessful bidders
be forthwith retuned 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 FURTHER ORDERED AND RESOLVED that the Mayor and the
City Clerk of said City be authorized and directed to execute a con-
tract with Malott & Petersen -Grundy
for said work and to return the bidders bond upon the execution of
said contract.
1.
ORIGIN'lA L
X31'8'
t2ESOLUTION NO. 7398
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 4th day of August ,
1986 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
jZE M. L ONCIAI, City Clerk
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AGREEMENT
THIS AGREEMENT, made on the 4th day of
August 1986 by and between the -CITY OF SAN
RAFAEL, party of the first part, hereinafter called the OWNER, and
MALOTT & PETERSON-GRUNDY
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
TENNIS COURTS RESURFACING
(SAN RAFAEL HIGH SCHOOL
PP
,aJECT NO: 019-1990911 000 - 1986
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 3 calendar days after the date of
written notice by the Owner 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.
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 becn completed and is accepted by
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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 wort:
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 terns 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 lump sum amount
of $ 45,$90.00 , adjusted by any changes as provided_
in the General Conditions.
(b) Progress Payments.
1. On Eot later than the 6th day of every month the
Public Yorks Department shall prepare and submit an
estimate covering the percentage of the total amount
of the Contract which has been completed from the
start of the job up to and including the 25th of the
preceding month, together with such supporting evidence
as r.ay 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 90a 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 pro-
visions of Section 4590 of the Government Code. Such
securities, if deposited by the Contractor, sha11 be
valued by the public agency's Finance Director
(Treasurer), whose decision on valuation of the
securities shall be final.
IN TYITIVESS WHEREOF the parties hereto have executed this Agree-
ment, the day and year first above written.
APPROVED:
i
/1
City
Attorney
PU LIC W RR A1,1ARTIMENT
C I T y' OF SAN RAFAEL
Mayor
City bleak
CONTRACTOR
MALOTT & PETERS ON- GRI7NDY
By
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