HomeMy WebLinkAboutCC Resolution 4269RESOLUTION NO. 4269
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on this 3rd day of July , 19 72 , pursuant to due and legal
notice published in the manner provided by law, inviting sealed bids or proposals
for the work hereinto 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 Council of said City did publicly open,
examine and declare all sealed bids or proposals for doing the following work
In said City, to -wit: "U.S. 101 VIADUCT PARKING LOT
BETWEEN 3rd and 4th
PROJECT NO. 9322-72.140"
in accordance with the plans and specifications therefor on file in the office
of said City Clerk; and
WHEREAS, the bid of BROWN -ELY CO. CONTRACTORS
at the unit price s 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
BROWN -ELY CO. CONTRACTORS
be and the same is hereby accepted at said unit price s and that the contract
for said work and improvements be and the same is hereby awarded to said
BROWN -ELY CO. CONTRACTORS
at the unit price s 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 Mayor and the City Clerk of said
City be authorized and directed to execute a contract with
BROWN -ELY CO. CONTRACTORS
for said work and to return the bidders bond upon the execution of said contract.
1, MARION A. GRADY,Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted ata regular
meeting of the Council of said City held on Monday the 3rd day of
.11113Z , 19__22_, by the following vote, to -wit:
AYES: COUNCILMEN : Barbier, Miskimen, Mulryan and Acting Mayor Jensen
NOES: COUNCILMEN : None
ABSENT: COUNCILMEN : Mayor Bettini
MARION A. GRADY, City Cle k
AGROMMEM
THIS A611MI MNY, made on the _day of I9 t•y and
between--__ CITY OF S LN r F iLL
Party of the first part, hereinafter called the OWNER, and-_-_ _--_—
.�.__�_. BROVR-ELY CO. CONTRACTORS
party of the aecond part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
named, agree as follows:
ARTICLE I — SCOPO 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 speci-
"U.S. 101 viaduct Parkin; Lot - Between 3rd and 4th
fications for the project entitled___ n,-„� j._ 9399-79-14011
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:
ARTACdii Ro—vine ®# Canapiation
(a) The work to be performed under this Contract shall be commenced within__5_calenda.�
days after the date of written notice by the Owner to the Contractor to proceed. The woi
shall be completed within_ 15 _ working days after the date of such notice and witb
such extensions of time as are provided for in the General Conditions.
MICLU 111—Acceptanm 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 ac•
ceptable 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 Con•
tract 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,
5
shall be paid to the Contractor by the Oviner within 15 days after the expiration of 35
days following tye date of recordation of said Notice at Completion.
(b) Before final payment is due the; Contactor shall submit evidence satisfactory to the Engi-
neer that all payrolls, material bila, and ocher indebtedness cownected with work have
been paid, except tbati in case of disputed indebtedness or liens the Contractor may sub-
mit in lieu of Evidence of payniea tt a surety and Ratislactory to the Owner guaranteeing,
payment of all such dzspure,d amounts when adjudicated in cases where such payment
has not already been guaranti-*IM'a by surety bund.
(c) The making and acceptance of the final payment shall constitute 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 1.2 months after final payment, (3) requirements of the speci-
fications, 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 cgrtificate 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, ex-
cept that it shall not constitute a waiver of claims.
T
AGREEMENT (CONTINUED)
ITER NO. ITE14 UNIT PRICE
1. EARTHWORK, CLEARING AND DISPOSAL, $ 2,170.00 Lump Sum
REDWOOD HEADERS, COMPLETE
2.
PAVING, COMPLETL
$
9.90
Ton
3.
CONCRETE GUTTER, COMPLETE
$
4.73
L.F.
4.
FENCING, COMPLETE
$
2.95
L.F.
7
ARTICLE IV-11—Payment
(a) The Contract Sum. The Owner shall pay to the Contractor for the performance of the Con-
tract the amounts determined for the total number of each of the units of work in the in-
cluded 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.
(b) Progress Payments.
1. On not later than the 6th day of every month the Public Works .Department shall pre-
pare and submit an estimate covering the total quantities under eachitem 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 90% of the amount of the estimate as spprnvc 1
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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year
first written above.
U ti tTel'L3i
............... ��� � ..... c'.:.....;'. c Qt�........... a ...
C' A
CITY OF SAN R FAEL
By: ......... C(/"
.. '......4' .............
............
iLy ttorney Mayor
�..... �.
.............................................................................................. .............
r
ity Clerk
EROWPd— ' CO. COI RACTOlZS
.......................................................................................................
PUBLIC ORKS DEPARTMENT ,�%VV
Contractor
B............ .�..:V...'............................•...............
By:
Ill. V. KELLYPRESIDENT
DI