HomeMy WebLinkAboutCC Resolution 12782 (Traffic Signal Preventive Maintenance)A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AWARDING A CONTRACT FOR TRAFFIC SIGNAL PREVENTIVE MAINTENANCE
AND REPAIR PROGRAM 2009/2011, PROJECT NO. 001-44-33001-9231, TO
REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC., IN THE AMOUNT
OF $48,000.00 ANNUALLY (BID OPENING HELD JUNE 23RD, 2009)
WHEREAS, on the 91h day of June, 2009, 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:
"TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND REPAIR PROGRAM
2009/2011"
PROJECT NO. 001-44-33001-9231
In accordance with the plans and specifications therefore on file in the office of said City Clerk;
and
WHEREAS, the bid of Republic Intelligent Transportation Services, Inc. ("Republic
ITS, 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 and qualified bidder.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael,
that the bid of Republic ITS, Inc. is hereby accepted at said unit prices and that the contract for
said work and improvements is hereby awarded to Republic ITS, Inc.
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 Republic ITS, Inc., in a form
approved by the City Attorney, for said work and to return the bidders bond upon the execution
of said contract.
RESOLVED, FURTHER, that the Council does hereby authorize the City Manager to
take any and all such actions and make changes as may be necessary to accomplish the purpose
of this resolution.
I, ESTHER C. BEIRNE, 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 held on the 6`" day of July, 2009 by the following vote, to wit:
AYES:
COUNCILMEMBERS:
Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
ESTHER C. BEIRNE, City Clerk
File No.: 18.04.01.13
City of San Rafael ♦ California
Form of Contract Agreement
for
TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND REPAIR.
PROGRAM 2009/2011
PROJECT NO. 001-44-33001-9231
This Agreement is made and entered into this 6`h day of July, 2009 by and between the City of San Rafael
(hereinafter called City) and Republic Intelligent Transportation Systems, Inc. (hereinafter called
Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree
as follows:
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: Traffic Signal Preventive Maintenance and Repair Program 2009/2011, Project No. 001-44-3-
30-9231, 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. The liability insurance provided
to City by Contractor under this contract shall be primary and excess of any other insurance available to the
City.
II - Time of Completion
(a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING
DAYS after the date of written notice by the City to the Contractor to proceed.
(b) The work shall be completed between July 2009 and June 30, 2011, and after the date of such notice
and with such extensions of time as are provided for in the General Conditions.
(c) At the discretion of the City, this contract can be renewed for up to three subsequent two year terms at
the same costs with adjustments as warranted by the consumer price index (CPI) and with Contractor
consent.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the specified
time limits as set forth in the Special Provisions, damage will be sustained by the City, and that it is and will
be impracticable and extremely difficult to ascertain and determine the actual damage which the City will
sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to
the City, the sum of $500 per hour, as specified in the Special Provisions; and the Contractor agrees to pay
said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof
from any moneys due or that may become due the Contractor under the contract.
IV - The Contract Sum
The City 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 following 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.
ITEM
NO. ITEM
Quarterly Routine Maintenance Costs for 86 Intersections
2 Semi -Annual Routine Maintenance Costs for 86
Intersections
3 Annual Routine Maintenance Costs for 86 Intersections
UNIT ITEM
QTY UNIT PRICE TOTAL
Quarters $9,000.00
$36.000.00
Semi -Annual $2000.00
$4,000.00
Periods '
Annually $8,000.00
$8,000.00
Annual Total
$48,000.00
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V - Payments
The Contractor shall bill the City monthly for routine preventive maintenance and as performed for all other
work.
VI - 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.
(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 City 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 constitute a waiver of all claims by the City,
other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within
twelve (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 City 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 constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute
this Agreement the day and year first written above.
ATTEST:
/SS .cX c "Ze4[tea
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
Robert F. Epstein
City Attorney
CITY OF SAN RAFAEL:
Al ert or
Mayor
CONTRACTOR:
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