HomeMy WebLinkAboutReso - CC - 089-1998RESOLUTION 89-98
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENT WITH
MCGUHZE AND RESTER TO RECONSTRUCT ADRIAN ROAD
PROJECT NO. 9728 — ADRIAN ROAD IMPROVEMENTS
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City duly advertised the award of contract for Project No. 9728 — Adrian
Road Improvements — pursuant to State law; and
WHEREAS, the City opened bids on August 24, 1998, and McGuire and Hester were the
apparent lowest, responsible bidder; and
WHEREAS, the engineers estimate for the project was approximately 1 percent less than the
lowest bid submitted; and
WHEREAS, McGuire and Hester appear to be qualified to perform the work pursuant to the
plans and specification for the project,
NOW, THEREFORE, IT IS ORDERED:
1. The Plans and Specifications for Project 9728, Adrian Road Improvements, are approved.
2. The Agreement 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
3. The budget for Project No. 9728 is
general fund reserve to the Project 9728 project
from unbudgeted
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 9th day
of September 1998, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERIC
AGREEMENT FOR PUBLIC IMPROVEMENT
ADRIAN ROAD RECONSTRUCTION & DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 9728
THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame, County
of San Mateo, State of California on SEPTEMBER 9, 1998, by and between the CITY OF BURLING-
AME, a municipal corporation, hereinafter called "City", and MCGUIRE AND HESTER , 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 AUGUST 24, 1998, after notice duly given, the Director Of Public Works of
said City awarded the contract for the construction of the improvements hereinafter described to
Contractor, which contractor said Director of Public Works 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. ScMe of work.
Contractor shall perform the work described in those Specifications entitled: ADRIAN
ROAD RECONSTRUCTION AND DRAINAGE IMPROVEMENT S - CITY PROJECT NO. 9728.
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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 ONE MILLION THREE HUNDRED SEVENTY TWO THOUSAND dollars
($1,372,000.00). 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.
E
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:
MCGUIRE AND HESTER
9009 Railroad Avenue
Oakland, CA 94603
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.
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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 first
hereinabove written.
CITY OF BURLINGAME,
A MUNICIPAL CORPORATION
La
City Manager
Contractor
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Approved as to form:
City Attorney