The URL can be used to link to this page

Home My WebLink AboutCC Resolution 7154 (1985 Library Reroofing)RESOLUTION NO. 7154 RESOLUTION OF AWARD OF CONTRACT WHEREAS, on the 23rd day of July , 1985, 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: 1985 REROOFING AND ALTERATIONS SAN RAFAEL LIBRARY in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of RALPH CURRAN BUILDERS, INC. at the lump sum 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 RALPH CURRAN BUILDERS, INC. 11 11 be and the same is hereby accepted at said lump sum prices and that the contract for said work and improvements be and same is hereby awarded to said RALPH CURRAN BUILDERS, INC. at the lump sum 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; 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 RALPH CURRAN BUILDERS, INC. for said work and to return the bidders bond upon the execution of said contract; IT IS FURTHER ORDERED AND RESOLVED that an additional $10,000.00 shall be appropriated to fund said work, and that the total of available project funds shall now be $65,000.00. RESOLUTION NO. 7154 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 5th day of August 19851, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS•None ABSENT: COUNCILMEMBERS:Frugoli J M. LEONCY�erkClty* - 2 - AGHEAEt9ENT THIS AGREEMENT, made on the 5th d -,)y (-f August 1985 by and between the CITY OF SAN RAFAEL, party of the first part, hereinafter called the OWNER, and RALPH CURRAN BUILDERS, 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 a.nd labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled 1985 REROOFING AND ALTERATIONS SAN RAFAEL LIBRARY all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions %hirh are hereby made a part of this Agreement: ARTICLE II - T.ime 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. calendar (b) The work shall be completed within 60 x4'xvQdW 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 M him under the terins 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, e:�.cept that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment ). surety bond satisfactory to the Owner guaranteeing payment of all sul--h disputed amounts when adjudicated in cases where such ;)ayment his not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall con- stitute a waiver of all c'i:i.ims 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- stitutc, 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 $ 59,979.00 , adjusted by any changes as provided in the Ceneral Conditions. (b) Progress Payments. 1. On not later that: 'the 6th day of every month the Public Works 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 may be required by the Owner and/or Contractor. 0 2. On not later than the 15th day of the month, the Owner shall, after deducting, previous payments made, pay to the Contractor 900 of the amount of the estimate as approved by the Public Worlcs Department. 3. Final payment of all moneys due shall be made within 1.5 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Pubiic Works Department. 4. The Contractor may elect to receive 100% of payment, due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing secur.i.ties of equivalent value with the public agency in accordance with the pro- visions of Sc-ction 4590 of the Government Code. Such securities, if deposited by the Contractor, shall bc� valued by the public agency's Finance. Director (Treasurer), whose decision on valuation of the securLties shall be final. IN WITNESS WHERI'.OF the parties Hereto have elecut(�d this Agre( - ment, the day and year first above written. APPROVED: CITY OF SAN RA FAIL. Asst City AttorneL %Iayor � P Cit �Irk PUBLIC WORKS DEPARTMENT �� CUNTRACTOR RALPH CURRAN BUILDERS_,,_INC_ 7