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Home My WebLink AboutCC Resolution 7925 (1313 Fifth Ave Prefabricated Building)RESOLUTION NO. 7925 RESOLUTION OF AWARD OF CO'3TRACT WHEREAS, on the 14th day of March , 1989 , pursuant to due and legal notice published in the :-►inner 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: 1313 FIFTH AVENUE PREFABRICATED BUILDING PROJECT NO. 019-1990-8712 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Empire Waste Management at the unit 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 Empire Waste Management be and the same is hereby accepted at said unit price s and that the contract for said work and improvements be and same is hereby awarded to said Empire Waste Management at the unit 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 Empire Waste Management for said work and to return the bidders bond upon the execution of said contract. 1. ORIGt �y�l ' 1Y L I 7 a � RESOLUTION NO. 7925 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 20th day of March , 19 89 , by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -2- JEA %. LEONCINI, City Clerk o � D _ w V -n z Z o D1 m Z U B� m v rlm (D c n roc N Z V ' c o m`� .o o � m � .a o o � r1• J C) �0 m 0 r b b 0 a o N�3 rn r} � 0 3 o 31 C OD N o o �• O O s= of m • O O N r • roc • z z "-4 • o • 1 i r • • roc a � MA • • 0 0 CL CP roC L a� m O 0 r roc A � m CD 0 P�' 0 s r AGREEMENT THIS AGREEMENT, made on the 20th day of march 1989 by and between the CITY OF SAN RAFAEL, party of the first part, hereinafter called the OWNER, and MODULAIRE INDUSTRIES - EMPIRE WASTE MANAGEMENT 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 1313 FIFTH AVENUE PREFABRICATED BUILDING PROJECT NO. 019-1990-8712 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 tihi�; 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 70* working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. *SEE "GENERAL NOTES" OF CONTRACT SPECIFICATIONS. ARTICLE 111 - 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 cinder 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 tnti.rr balance found to be due the Contractor, including the retained percentac.;e, sh-al l be paid to the Contractor by the Owner within 15 days after the expiration of 35 days follo,:vi ng The date of recordation of said Notice of Completion. (b) Before final payment is due tho Contractor shall submit evidence satisfactory to 'the Engineer that all payrolls, material bills, and othor indebtedness connected with wort; have been paid, except that in case of disputed indebtedness or lic=ns the Contractor may submit in lieu of evidence of payment a sur,:,ty bond satisfactory to the Owner guaranteeing p:-.,yment of al .l such disputed amounts when adjudicated in cases wht2re such pn.yment has not already been guaranteed by surety I. )nd . (c) The mlking :.nd acceptance of the final payment shall con- stitute « 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 finalpayment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all .!aims by the Contractor, except those previously .made and still unsettled. (d) If after the wort: has been substantially completed, full completion tViereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the Owner sit,, -.l, upon certificate of the Engineer, and without te.rmina ging the Contract, make payment of the balance due for th::,t 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- stl. Lute a waiver of claim. ARTICLE 1V - Payment (a) The Contract Sum. The Owner shall pay to the Contractor for the performance of the Contract the amounts determined for thu total number of each of the units of work in the inr,luded schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and ti,e 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. G AGREEMENT (Cont'd) PAYMENT SCHEDULE FOR PROJECT: 1313 FIFTH AVENUE PREFABRICATED BUILDING PROJECT NO. 019-1990-8712 ITEM NO. ITEM UNIT UNIT PRICE 1. Prefabricated Building L.S. $77,036.00 2. Exterior Wood Decking L.S. $19,746.00 h (b) Progress Payments. I. 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. 2. On not later than the 15th day of the month, the Owner shall, after deducting previous payments made, pay to the Contractor 90ro 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 100n 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 Sec Lion 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: City Attorney PUBLIC WORKS. DEPARTMENT CITY OF SAN RAFAEL 1� `/F By : �` C �• -z -C t �L Mayor X69 City C rk CONTRACTOR MODULAIRE INDUSTRIES - EMPIRE WASTE MANAGEMENT By: 2-& _V1 7_�