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HomeMy WebLinkAboutReso - CC - 066-1998RESOLUTION 66-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENT WITH RIVER CITY CONSTRUCTORS FOR CITY PROJECT NO. 8926 — BEACH ROAD BICYCLE/PEDESTRIAN BRIDGE RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City is ready to begin construction of a replacement bridge to connect Beach Road with the Anza Lagoon and Bayfront trail system; and WHEREAS, the City duly advertised the project for public bids; and WHEREAS, on June 26, 1998, the City opened bids on the project, and River City Constructors is the lowest responsible bidder on the project; and WHEREAS, the contract should be awarded to River City Constructors, NOW, THEREFORE, IT IS ORDERED: 1. The bid submitted by River City Constructors in the amount of $ 269,696 is accepted. 2. The Agreement with River City Constructors attached hereto as Exhibit A is approved, and the City Manager is authorized to execute the Agreement for and on behalf of the City of Burlingame. 3. The City Clerk is directed to witness the ge s signature behalf of the City. i I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of .0 u Y 11998, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS GALLIGAN, JANNEY, KNIGHT, SPINELLI NONE MIOY . CfT CLERK AGREEMENT FOR PUBLI IMPROVEMENT BEACH ROAD BIKE/PEDESTRIAN BRIDGE REPLACEMENT PROJECT CITY PROJECT NO. 8926 THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County of San Mateo, State of California on , by and between the CITY OF BURLING- AME, a municipal corporation, hereinafter called "City", and RIVER CITY CONSTRUCTORS, hereinafter called "Contractor," WITNESSETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided for and execution of this Contract; and WHEREAS, a notice was duly published for bids for the contract for the improvement hereinafter described; and WHEREAS, on JUNE 26, 1998, after notice duly given, the Public Works Department of said City awarded the contract for the construction of the improvements hereinafter described to Contractor, which contractor said Council found to be the lowest responsible bidder for said improvements; and WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements; NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. Scope of work. Contractor shall perform the work described in those Specifications entitled: BEACH ROAD BIKE/PEDESTRIAN BRIDGE REPLACEMENT PROJECT - CITY PROJECT NO. 8926. 1 2. The Contract Documents. The Complete contract consists of the following documents: This Agreement, Notice Inviting Sealed Proposal, copies of the prevailing wage rates on file with the Director of Public Works, the accepted Bid, the complete plans, profiles, detailed drawings and State Standard Specifications, Special Provisions and all bonds, and are hereinafter referred to as the Contract Documents. All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents. All of the above described documents are intended to cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. 3. Contract Price. The City shall pay, and the Contractor shall accept, in full, payment of the work above agreed to be done, the sum of TWO HUNDRED SIXTY NINE, SIX HUNDRED NINETY SIX THOUSAND dollars ($269,696.00). Said price is determined by the unit prices contained in Contractor's Bid. In the event work is performed or materials furnished in addition to those set forth in Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in progress payments as provided in the Contract Documents. 4. Provisions Cumulative. The provisions of this Agreement are cumulative and in addition to and not in limitation of any other rights or remedies available to the City. 5. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Ya Notices required to be given to the City shall be addressed as follows: CITY ENGINEER CITY OF BURLINGAME 501 Primrose Road Burlingame, California 94010 Notices required to be given to Contractor shall be addressed as follows: RIVER CITY CONSTRUCTORS 118 West "K" Street Benecia, CA 94510 6. Interpretation. As used herein, any gender includes the other gender and the singular includes the plural and vice versa. 7. Venue The applicable law for any legal disputes arising out of this contract shall be the law of the State of California, and the forum and venue for such disputes shall be the appropriate Superior or Municipal Court in and for San Mateo County. 3 IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of four (4) pages, including this page, each of which counterparts shall for all purposes be deemed an original of this Agreement, have been duly executed by the parties hereinabove named on the day and year fust hereinabove written. CITY OF BURLINGAME, A MUNICIPAL CORPORATION City Manager ATTEST: City Clerk "CITY" FAWPIFE.ESUOBSVAGRMTPUB.IMP 2/7/97 Approved as to form: City Attorney River City Constructors