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HomeMy WebLinkAboutResolution No. 5022WHEREAS, on the RESOLUTION NO. 5022 RESOLUTION OF AWARD OF CONTRACT 25th day of August , 1975 , pursuant to due and legal notice published in the manner provided by law, in- viting sealed bids or proposals for the work hereinto 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: THIRD STREET IMPROVEMENTS PROJECT NO. 75.199.39 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 CONSTRUCTION CO., INC. 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 W. R. FORDE CONSTRUCTION CO., INC. be and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said W. R. FORDE CONSTRUCTION CO., INC. 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 contract with W. R. FORDE CONSTRUCTION CO., INC. for said work and to return the bidders bond upon the execution of said contract. - 1 - I, MARION A. GRADY, 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 25th day of August , 1975 , by the following vote, to -wit: AYES: COUNCILMEN Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN None ABSENT: COUNCILMEN None MARION A. GRADY, City Verk AGEMMMUZUT THIS AGREEMPA, made on the 75 _day o j •3 19 7 F by and RAFAEL —__-- party of the first part, hereinafter called the OWNER,W. R. FORDE C014STRUCTION CO., INC. -- -- 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 speci- fications for the project entitled-- ntitled_ °THIRD STREET- I14�PROVEIIENTS - PROJECT U0. 75.199.39" 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 11—Bien® of Completion (a) The work to be performed under this Contract shall be commenced within_- 3____calendar days after the date of written notice by the Owner to the Contractor to proceed. The Mork shall be completed tvitbin____ 7—__ working days after the date of such notice and with such extensions of time as are provided for in the General Conditions. ARTICLE 111—Acceptance and Final Paymont (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 ac, ceptable 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 Con- tract 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, 5 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. (6) Before final payment is due the Contractor shall submit evidence satisfactory to the Engi- neer 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 sub- mit 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. (e) 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 speci- fications, 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, ex- cept that it shall not constitute a waiver of claims. C AGREEMENT (Continued) ITEM DESCRIPTION 1. CLEARING, GRUBBING AND EARTHWORK 2. TYPE 'E' CURB 3. SIDEWALKS, ISLAND PAVING, AND DRIVEWAYS 4. ASPHALT CONCRETE UNIT PRICE $ 2,300.00 L.S. $ 6.00 L.F. $ 2.50 Sq. Ft. $ 27.00 Tons rip ARTICLE 1V-0—PaIrmunt (a) The Contract Sum. The Owner shall pay to the Contractor for the performance of the Con- tract the amounts determined for the total number of each of the units of work in the in- cluded 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 pre- pare 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 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first written above. APPROVED: {... L�.City....... f Attorney JA PUBLIC WORKS DEPARTMENT CITY SAN AFAEL 13y:................................... �........ ..... .......... ........ .......... Mayor RENEE BURD1550 - nepuiy City"ClerkCity Clerk W. R. FORDE CONSTRUC ION CO., INC. ....................................................... . /1 � Cont:artor i By: .......� ..............L. t ..:��................. ................... IV.