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Home My WebLink AboutCC Resolution 7397 (Dorian Way Drainage Impr)RESOLUTION NO. 7397 RESOLUTION OF AWARD OF CONTRACT WHEREAS, on the 4th day of August , 1986 , pursuant to due and legal notice published in the manner 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: DORIAN WAY DRAINAGE IMPROVEMENTS PROJECT NO. 019-19909048000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of W. R. Forde Associates 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. TI3ERE-FORE, IT IS HEREB-1r ORDERED AND RESOLVED tha'"- the bid of W. R. Forde Associates be and the same is he.,eby accepted at said unit prices and that -the contract for said work and improvements be ar:�+ same is lereby awarded to said W. R. Forde Associates at the unit (rice s mentioned in said bid; IT IS FUiRTHEi? ORLERED AND RESOLVED that any and all certifier: checks, cash, or bond accompanying the bids of unsuccessful bidderE be forthwith returned to them respectively; IT IS FURTHER ORDERED AND RESOLVED that the City Engineer is hereby authorized o 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 W. R. Forde Associates for said work and to return the bidders bond upon the execution of said contract. 1. �RiGINAI 7,377 RESOLUTION NO. 7397 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 reqular meeting of the Council of said City on Monday the 4th day of August , 1986 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli J M. LEONCI , Caty Clerk -2- AGREEMENT THIS AGREEMENT, made on the 4th day of August 19 86 by and between the CITY OF SAN RAFAEL, party of the first part, hereinafter called the OWNER, and W. R. FORDE ASSOCIATES 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 DORIAN WAY DRAINAGE IMPROVEMENTS PROJECT NO. 019-19909048000 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 5 calendar days after the date of written notice by the Owner to the Contractor to proceed. (b) The work shall be completed within 20 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 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. (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 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 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. i� AGREEMENT (Cont'd) PAYMENT SCHEDULE FOR PROJECT: DORIAN WAY DRAINAGE IMPROVEMENTS PROJECT NO. 019-19909048000 ITEM NO. ITEM UNIT UNIT PRICE 1. CLEARING AND GRUBBING L.S. $ 6,700.00 2. EARTHWORK L.S. $ 8,200.00 3. DRAIN ROCK TON $ 1,760.00 4. CONCRETE SLAB AND WEIR C.Y. $16,650.00 5. OVERFLOW STRUCTURE L.S. $4,750.00 6. REMOVABLE GATE L.S. $930.00 7 (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 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 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 Agree- ment, the day and year first above written. APPROVED: City AttorneG U ��JJJ PL � C�K,S P M fNT L� CITY OF SAN RAFAEL Mayor 4 City Cl'erk ' CONTRACTOR W. R. FORDE ASSOCIATES fr r r �) By: .�. �. ew