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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 '