HomeMy WebLinkAboutCC Resolution 9179 (Street Resurfacing Project)RESOLUTION NO. 9179
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 26th day of July 1994, 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:
STREET RESURFACING PROJECT 1994
PROJECT NO. 006-40696348000
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Ghilotti Construction Company, at the unit price stated
in its bid was and is 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 Ghilotti Construction Company and the same is hereby accepted at said unit price
and that the contract for said work and improvements be and same is hereby awarded to
said Ghilotti Construction Company, at the unit price 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 contract with Ghilotti
Construction Company, for said work and to return the bidders bond upon the execution
of said contract.
ORIGINAL 49„9
RESOLUTION NO. 9179
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 1st day of August, 1994, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCII.MEMBERS: None
ABSENT: COUNCII,MEMBERS: None
JEANNE M. LEOININI'
City Clerk
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AGREEMENT
THIS AGREEMENT, made on the 1st day of August .1994
by and between the CITY OF SAN RAFAEL, party of the first part, hereinafter called
the OWNER, and GHILOTTI CONSTRUCTION COMPANY
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
STREET RESURFACIN"G - 1994
PROJECT NO. 006-4069-6348000
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
five (5) calendar days after the date of written notice by the Owner to the
Contractor to proceed.
(b) The work shall be completed within thirty-five (35) 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 Pavment
(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 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.
1 74- - US � ,
�
(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, 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 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 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 constitute a waiver of claims.
ARTICLE IV - Pavment
(a) The Contract Sum. The Owner shall pay 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 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 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, 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.
6
AGREEMENT (CONT'D)
PROJECT:
I ITEM NO.
PAYMENT SCHEDULE FOR
STREET RESURFACING - 1994
PROJECT NO. 006-4069-6348000
ITEM
UNIT UNIT PRICE
1.
Asphalt Overlay (Type A)
Ton
$
42.00
2.
Cold Planing
S.Y.
$
1.60
3.
Fabric Reinforcement
S.Y.
$
1.00
4.
Adjust Manhole Castings to Grade
Each
$
2.80
5.
Adjust Rodholes/Monument
Each
$
100.00
Castings to Grade
6.
Roadway Striping
L.S.
$
51000.00
7.
Miscellaneous Pavement Patching
S.Y.
$
63,860.00
7
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 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 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 Agreement, the day
and year first above written.
APPROVED: CITY OF SAN RAFAEL
7C
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City Attorney Major
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Pi is orks Department Ci C);�+ lerk v
NTRACTOR
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