HomeMy WebLinkAboutCC Resolution 9668 (Street Resurfacing 1996)RESOLUTION NO. 9 6 6 8
RESOLUTION OF AWARD OF CONTRACT
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, on the 6"' day of August, 1996, 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:
STREET RESURFACING PROJECT —1996
PROJECT NO. 006-4069-647-8000
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Bauman Landscape, Inc., at the unit prices stated in
its bid was and is lowest and best bid for said work and said bidder is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the bid of Bauman Landscape, Inc. 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 Bauman Landscape, Inc. at the unit prices mentioned in said bid.
IT IS FURTHER 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 RESOLVED that the Mayor and the City Clerk of said City
be authorized and directed to execute a contract with Bauman Landscape, Inc. for said work and
to return the bidders bond upon the execution of said contract.
-1- ORIGINAR gv6g
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 the 190' day of August, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEE M. LEO NI, City Clerk
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City of San Rafael • California
Form of Contract Agreement
for
BAUMAN LANDSCAPE, INC.
This Agreement is made and entered into this 19th day of August, 1996 by and between
the City of San Rafael (hereinafter called City) and Bauman Landscape, Inc. (hereinafter
called Contractor). Witnesseth, that the City and the Contractor, for the considerations
hereinafter named, agree as follows:
II - 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: "Street Resurface - 1996", 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.
III- 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 City to the Contractor to
proceed.
(b) The work shall be completed within 35 working days after the date of such notice
and with such extensions of time as are provided for in the General Conditions.
IIII - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed
within the number of working days as set forth in the contract, 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 $100 for each and every calendar day's delay in finishing the work
in excess of the number of working days prescribed above; 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.
AGREEMENT • 1
ckl �
PRICES OF ITEMS
NO.
ITEM
QUANTITY
UNITS
UNIT PRICE
TOTAL PRICE
1.
Asphal Overlay
9,647
TON
@
41.30
= 398,421.10
2.
Slurry Seal
16,818
SY
@
0.986
= 16,582.55
3.
Cold Planing
31,475
SY
@
2.50
= 78,687.50
4.
Fabric Reinforcement
25,170
SY
@
.80
= 20,136.00
5.
Adjust Manhole Castings to Grade
161
EA
@
260.00
= 41,860.00
6.
Adjust Rodhole & Monument
47
EA
@
260.00
= 12,220.00
Castings to Grade
7.
Thermoplastic Traffic Stripes &
1
LS
@
12,000.00
= 12,000.00
Pavement Markings
8.
Painted Traffic Stripes & Pavement
1
LS
@
7,080.00
= 7,080.00
Markings
9.
Miscellaneous Pavement Patching
859
SY
@
30.00
= 25,770.00
10.
Kerner Blvd. & Canal St. Bus Stop
1
LS
@
10,000.00
= 10,000.00
Repairs
11. Ray Ct. Retaining Wall & Roadway 1 LS @ 3,000.00 = 3,000.00
Base Stabilization
GRAND TOTAL BID $ 625,757.15
NOTE: In the event of error or conflict in the prices set forth below, the "Unit Price" will
govern. In the event that the "Unit Price" is illegible or indistinguishible it shall be
established by dividing the "TotalPrice" by the "Number of Units."
V - Progress Payments
(a). 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 City and/or Contractor.
(b). On not later than the 15th day of the month, the City shall, after deducting previous
payments made, pay to the Contractor 90% of the amount of the estimate as
approved by the Public Works Department.
(c). 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.
(d). 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,
AGREEMENT 2
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 Contractr, shall be valued by the City's Finance Director, whose
decision on valuation of the securities shall be final.
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, 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 City 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 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 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:
M. Leoncini
City Clerk
CITY OF:ROAFAEJ.44�Ibe Bo
Mayor
APPROVED FORM: CONTRACTOR:
t j ff
Gary T. Rageigivanti
City Attorney for BAUMAN LANDSCAPE, INC.
AGREEMENT • 3