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HomeMy WebLinkAboutCC Resolution 7499 (Second St Improvements)RESOLUTION NO. 7499
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 24th day of February, 1987, 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:
SECOND STREET IMPROVEMENTS
CITY PROJECT NO. 064-43648-000
FEDERAL AID PROJECT NO. HES-E009(1)
in accordance with the plans and specifications therefor on file in
the office of said City Clerk; and
WHEREAS, the bid of VALENTINE CORPORATION 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, SUBJECT TO THE CONCURRENCE OF THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS), IT IS HEREBY ORDERED AND
RESOLVED that the bid of VALENTINE CORPORATION be and the same is
hereby accepted at said unit prices and that the contract for said
work and improvements be and same is hereby awarded to said VALENTINE
CORPORATION 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 VALENTINE CORPORATION for said work and to return the
bidders bond upon the execution of said contract.
- 1 -
RESOLUTION NO. 7499
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 2nd day of March, 1987, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE -M.. LEIONC41, City Clerk
- 2 -
CONTRACT
THIS AGREEMENT, made on the 2nd day of
March 19 87 by and between the CITY OF SAN
RAFAEL, party of the first part, hereinafter called the OWNER, and
VALENTINE CORPORATION
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
SECOND STREET IMPROVEMENTS - PROJECT NO. 064-43648-000
FEDERAL AID PROJECT NO. HES-E009(1)
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 15 calendar days after the date of
written notice by the Owner to the Contractor to proceed.
(b) The work shall be completed within 75 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 tie finds the work
acceptable under the Contract and the Contract fully
performed he will promptly issue a Notice of Completion,
over his own signature, statin; that the work required
by this Contract has been completed and is accepted by
him under they terms and conditions thereof, and the enti ry
balance found to be due the Contractor, including; thc-
retained pe-rcentage, 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, 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 EnZineer 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-
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 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.
2.
(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.
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 the 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.
V - Pre
The statement of prevailing wages appearing in the
Equipment Rental Rates and General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made
a part of this contract. It is further expressly agreed by
and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or
proposal of said Contractor, then this instrument shall
control and nothing herein shall be considered as an accep-
tance of said terms of said proposal conflicting herewith.
By my signature hereunder, as Contractor, I certify that
I am aware of the provisions of Section 3700 of the Labor
Code which require every employer to be insured against
liability for workmen's compensation or to undertake self-
insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the
performance of the work of this contract.
3.
Contract (Cont'd,
PAYMENT SCHEDULE FOR
PROJECT: SECOND STREET IMPROVEMENTS
PROJECT NO. 064-43648-000
FEDERAL AID PROJECT NO. HES-EO09(1)
ITEM
ITEM
NO.
CODE
ITEM
UNIT
UNIT PRICE
1.
120090
Construction Area Signs
L.S.
$
2,500.00
2.
120100
Traffic Control
L.S.
$
3,600.00
3.
160101
Clearing & Grubbing
L.S.
$
4,000.00
4.
070001
Construction Staking
L.S.
$
2,792.00
5.
390101
Asphalt Concrete
Ton
$
140.00
6.
839481
Type 50 Concrete Barrier
L.F.
$
98.00
7.
839590
Crash Cushion
Each
$10,000.00
8.
190101
Earthwork
C.Y.
$
151.00
9.
152353
Irrigation Relocation
L.S.
$
11000.00
10.
575005
Wood Retaining Wall
L.S.
$
5,175.00
11.
260200
Aggregate Base
Ton
$
45.00
12.
731501
12" Curb
L.F.
$
22.00
13.
731504
Curb & Gutter
L.F.
$
18.00
14.
731521
Sidewalk
S.F.
$
5.00
15.
731516
Driveway
S.F.
$
7.00
16.
731511
Concrete Paving
S.F.
$
3.00
17.
840650
Painting & Striping
L.S.
$
1,500.00
18.
562000
Signs
L.S.
$
1,000.00
4.
STATE OF CALIFORNG! On this ..... `..B�4....... day of. �'.!.
........ in the year one thousand nine
Marin hundredard...:,.........., before mo, Wilfred Casino
.............................................................
CO T'YOF........................................... a Notary Public, State of California, duty commissioned and sworn, personally
appeared ... :_Rapart...9..... Bile)liag....................................................
known to me to be the , President if the corporation described
...................
in and that executed the within instrument, and also known to me to be the
person....... who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the
same................................... _.................... .............................................................
IN WITNESS WHEREOF haue hereunto set my hand and affixed my official
seal in the ............................. ounty o Marin
of the day and
year in this certificate first a-ov> wr*t j / / ...... �....
«�, 0 1 1 Ntif Sta of Ca/ijornia
WILFR ' ASI(
NOTARY P CAUr'ORNIA'
s �Y' MA I COUNTY
�4i�„�;'. My Comm. Expires Juno 19, 1 987
Cowdery's Fonn No. 28- Acknowrledgrnent Corporation (C. C. Sea. 1190-1190.1) Printed 5/72
5.
The improvement contemplated in the performance of this
contract is an improvement over which the State of California
shall exercise general supervision. The State of California,
therefore, shall have the right to assume full and direct
control over this contract whenever the State of California,
at its sole discretion, shall determine that its responsibi—
lity to the United States so required.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement, the day and year first above written.
APPROVED:
&C_i ty Attor
PUBLIC WORKS DEPARTMENT
CITY OF SAN RAFAEL
CONTRACTOR
By:
Mayor
City Cler
INE CORPORATION
5.
F. I ."P. OF CALIFOPLWA On this .......... . fay of. in the year one thousand nim
&L hun4befori; m C ..yi 1 fred Casino
COL'%,'7-Y OF Mar in I .........................................................
......................................... a Notary Public, State of California, duty commissioned and sworn, personally
appeared.... -FQ)Pert ... 9 ...... V-41entiae ...................................................
known tome to be the...Pres ldent ............... of the corporation describes
in and that executed the within instrument, and also known to me to be th4
person....... who executed the within instrument on behalf of the corporutior
therein named, and acknowledged to me that .such corporation executed thd
same.....................................................................................................................
IN WITNESS WHERSOF I have hereunto set my hand and affixed my officia,
..) ty of Marin ...... . ................. the day and
sed in the.... Coup
year in this certificate rst a o 'tteW",
... ...............
.1..!• (e oCalifornia .lifo.....rn...ia .............................
WlLfftED CASINO
S yr RNIA
C - CALWO
TA I PUBLIC
ARIN COUNTY
EXPJeS lune 19, 1987
Yw
Cowdery's Form No. 23—Acknowledgment Corporation (C. C. Sea. 1190- 190.0 Pnnted 5/7;
March in the year 1987 before me,
On this 2nd day of Carol Ganapol
a Notary Public personally appeared
known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument as the Attorney -In -Fact of
United Pacific Insurance Company . and acknowledge to me that
he (she) subscribed the name of United Pacific Insurance Company
thereto as Surety, and his (her) own name as Attorney In Fact.
OFFIC-, `�L SPAT.
11 IL ILI
VI/
1 Notary Public
2,
IJ'NITED 1P.ACI1T1C TNS"CJRANC COM61PAINTY
HEAD OFFICE, FEDERAL WAY, WASHINGTOI,
Bond No. U683976
PERFORMANCE BOND Premium: $771.00
CALIFORNIA - PUBLIC CONTRACT
KNOW ALL MEN BY THESE PRESENTS: That Valentine Corporation
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation authorized to
execute bonds in the State of California, as Surety, are held and firmly bound unto
City of San Rafael
:Is Obligee, in the SLI111 of Seventy—One Thousand Three Hundred' Seventy—Seven and no/100----
------------------------------------------------ Dollars ($71,377.00 )
for WhiCh sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a
contract, dated March 2, 19 87 , with the Obligee City of San Rafael
tO dO and perform the following work to -wit: Second Street Improvements,
Project ;064-43648-000, Federal Aid Project #HES—E009(1)
NOW. THEREFORE, if' the said Principal shall well and truly perforin the work contracted to be
performed under said contract, then this obligation shall be void, otherwise to remain in full force and
effect.
SiUned and sealed this 2nd day of March , 19 87
Val in Corporat' n
,tA.PPROV� SUFFICIEP4y
,,..........,�yvu' F f (Seal)
V=0TkJjJTY ENGINEER
APPROVED AS TO FORN1 UNITED CI FIC I SURANCE COMPANY
Carol Gana ' 1 7vz Attorney -in -Fact
HDU -2801 CAL.. CONTRACT - PUBLIC - PERFORMANCE B-2035
STATE OF CALIFORNIA
COUNTY OF. Marin,,.,_,,.
County of San Francisco
On this..../"�-........... day of '.".'.....in the year one thousand nine
hundred and.
�........,before ma,..Wllfred Casino
a Notary Public, tate of California, duty commissioned and sworn, personally
appeared ....-RQbfaX.t..0...... q lentiae....................................................
known to me to be the ...pees ident........._.. of the corporation described
in and that executed the withlit instrument, and also known to me to be the
person....... who executed the within instrument on behalf of the corporation
therein named and acknowledged to me that such corporation executed the
same.....................................................................................................................
IN WITNESS WHEREOF I have hereunto set my hand and affixed my officim
seal in the ................ Cou o ..... .. ............................ the day arm
year in this eertiftcate l q� fl ntt4;,
wJ ... ............................I .......................
1lc, .. jate of California
y rt VV 1. t
3 r1 CJOTARY LIC - CALIFORN A'
. ° MARIN COUNTY
My Comm. Expires Juno 19, 1987 j
a: co.i
SS.
On this 2nd day of March
a Notary Public personally appeared . r the year i987 before me,
known to me Carol Ganapol �
(or proved to me on the basis of satisfactory evidence
Person whose name is subscribed to this instrument as the Attorney -In -Fact of '
United Pacific Insurance Company ) to be the
he (she) subscribed the name of United Pacific Insur ncenCompany to me that
thereto as Surety, and his (her) own name as Attorney In Fact.
t ;LL
A
Notary Public
UlTirr= _ ACIPIC IWSURA2�. -,L C0M1PA1q T
HEAD OFFICE, FEDERAL WAY, WASHINGTON
Bond No. U683976
PAYMENT BOND Premium: included ,in
CALIFORNIA —PUBLIC CONTRACT performance bond
KNOW ALL MEN BY THESE PRESENTS, that Valentine Corporation
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author-
ized to execute bonds in the State of California, as Surety, are held and firmly bound unto
City of San Rafael
as Obligee, in the sum of Seventy -One Thousand Three Hundred Seventy -Seven and no/100
---------------------------------------------------- Dollars ($ 71,377.00 )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
The Condition of the above obligation is such that, Whereas the Principal on the 2nd day
of March 19 87 , entered into a contract with the Obligee for
Second Street Improvements, Project # 064-43648-000, Federal Aid Project #HES-E0009(1
NOW THEREFORE, if the original contractor or his subcontractor fails to pay any of the persons
named in Section 3181, or amounts due under the Unemployment Insurance Code with respect to work
or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid
over to the Employment Development Department from the wages of employees of the contractor and his
subcontractor pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such
work and labor that the surety will pay for the same, in an amount not exceeding the sum specified in the
bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181
of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any
suit brought upon this bond.
Signed and sealed this 2nd day of March 19 87
""ROVE© SUFF�C6ENC11'
GITY.6NaIN6BR �•
APPROVED /As TOWN
G17Y R77*lFWFrY
BD.1 �81,)4 ED 7 83 iCAL F)
Valentin Cor oras
B
UNITE � CI�� SURANCE� MPANY
21'vt,
By......... ... .........
Attorney-�n-Fact
Carol Ga of
UNITED _A.CIF`IC INSUI ANC ' COMPAI`,TY
HOME OFFICE, TACOMA, WASHINGTON
POWER OF ATTORNEY
lt;NOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
Spate of Washington, does hereby make, constitute and appoint
:SHEILA OtCONNOR of SAN FRANCISCO, CALIFORNIA ----
m true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed
ANY AND ALL BONDS AND U14DERTAKINGS OF SURETYSHIP-
---vis`-
bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the swine extent as -,f such bonds and undertakiegsand otherwritings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attasted by one
other of such olficers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof,
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reeding as follows.
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vin President
or other officer designated by the Board of Directors shall have power and authority to la) appoint Attorneys -in -Fact and to authorize them to execute
On behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the Dower of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, reeognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is- not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory
in the nature thereof,
3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, reeognizances, contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution hes not
been amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attornay or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
Asst.
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice a resident, and its corporate
mal to be hereto affixed, this 28th day of January 19 80
UNITED PACIFIC INSURANCE COMPANY
� SEAL
• 11
ASSt. Vice President
STATE OF Washington
COUNTY OF Pierce ;u
On this 29th day of January 19 80 personally appeared D. Keith Johnson
Asst.
to me known to be the Vice -President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore-
going instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company, and the
Resolution, sat forth therein, are still in hill force. i y
My Commission Expires: wi.r,;1
June 12, , 1982 Notary Pu/.nd for State o Washington
Residing et Tacoma
1, Charles J. Falskota , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
otmve and foregoing is a true and correct copy of a Povwr of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full
force and affect.
IN WITNESS WHEREOF, I have hereunto sat my hand and affixed r►- -+I of said Company this 2nd hay of March 19 87
80U-1 471Ed 6/79 11 ,.,. Anistent Secretary
C/116 '