HomeMy WebLinkAboutCC Resolution 10229 (SRCC ADA Bathroom Remodel)and
RESOLUTION NO. 10229
RESOLUTION OF AWARD OF CONTRACT FOR B STREET
RECREATION CENTER ADA TOILET ROOMS REMODEL TO JAMES
E. THOMPSON GENERAL CONTRACTOR IN THE AMOUNT OF
$93,315.00
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, staff began design work on the above-mentioned project in 1996;
WHEREAS, on the 8`h day of June, 1998, pursuant to due and legal notice
published in the manner provided by law, inviting sealed bids for 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:
"B STREET RECREATION CENTER ADA TOILET ROOMS REMODEL"
PROJECT NO. 011-1820-182-8000
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of JAMES E. THOMPSON GENERAL
CONTRACTOR, at the lump sum price stated in its bid was and is the lowest and best
bid for said work and said bidder is the lowest responsible bidder therefore;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that
the bid of JAMES E. THOMPSON GENERAL CONTRACTOR and the same is
hereby accepted at said lump sum price and that the contract for said work improvements
be and the same is hereby awarded to said JAMES E. THOMPSON GENERAL
CONTRACTOR at the lump sum price mentioned in said bid.
BE IT FURTHER ORDERED AND RESOLVED that the Mayor and the City
Clerk of said City be authorized and directed to execute a contract with JAMES E.
THOMPSON GENERAL CONTRACTOR for said work and to return the bidders
bond upon the execution of said contract.
BE IT FURTHER RESOLVED that the Director of Public Works take any and
all such actions and make changes as may be necessary to accomplish the purpose of this
resolution.
I, Jeanne M. Leoncini, City 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 15h day of June, 1998, by the following
vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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JEAP4IE M. LEONCI&I, City Clerk
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MORRIS NEIL r INISY AIA
ARCHITECT
PO BOY 150714 SAN RAFAEI., CA 94915-0714
Citv of San Rafael
DPW
San Rafael, Ca
Attn: Mr Andy Preston
Dear Andy,
(415) 453-4733
9 June 1998
Re: B Street Rec Center
Toilet Rms-Bid Results
In Apr 98 we estimated the project construction cost as follows:
Base Bid $ 91,884 Add Alternate $-4.633 Total $ 96.517 [Alternate was for built in as
opposed to wall mounted lays]
Bid of J. E. Thompson:
Base Bid $89,900 Alternate $ 3.415 Total $ 92,415 about 4% below estimate
That only one bid was received is due. I think, to the unusually heavy construction activity in the
Bay Area compared to recent years. The single bidder did not know of course he was the only bidder & his
bid reflected a competitive enviormnent.
James E. Thompson of Windsor. Ca holds a current & active "B" license (General Building
Contractor): expires 12/31/99.
Mr Thompson has furnished the names of eight architect references & one office building
manager. Those reached, so far, have been very positive about his performance.
If the other aspects of his bid are in order. I believe accepting Thompson's bid is appropriate.
Morris Neil Finisy Al
City of San Rafael • California
Form of Contract Agreement
for
B STREET RECREATION CENTER TOILET ROOMS
ADA REMODEL - 1998
This Agreement is made and entered into this 15th day of June, 1998 by and between
the City of San Rafael (hereinafter called City) and James E. Thompson, General
Contractor (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: B Street Recreation Center Toilet Rooms
ADA Remodel - 1998, 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.
111- Time of Completion
(a) The work to be performed under this Contract shall be commenced within five (5)
calendar days after the date of written notice by the City to the Contractor to
proceed.
(b) The work shall be completed by October 12, 1998 said date includes
approximately twenty-three (23) days lead time, and fifty (50) 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 $500 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.
I NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE
1. ( Sample Form of Schedule) Q =
V - Progress Payments
AGREEMENT • 1
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(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,
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.
AGREEMENT 0 2
IN WITNESS WHEREOF, City and Contractor have caused their authorized
representatives to execute this Agreement the day and year first written above.
ATTEST: CITY OF N FAE
,Letnev
nne M. Leoncint vAlberl Boro
City Clerk Mayor
APPROVED. RM: JAMES E. THOMPSON,
GENERAL CONTRACT
/ 7• f/f��j�, S�
diary T a ghiand `f /
City Attorney for Z�
AGREEMENT • 3
PRICES OF ITEMS
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
indistinguishable it shall be established by dividing the "Total Price" by
the "Number of Units."
NO. ITEM QUANTITY UNITS UNIT TOTAL PRICE i
PRICE 1
1. All labor, materials,
transportation, equipment and
services for completion of work 1 LS @ 89,900. = 89,900.
2 Alternate One 1 LS Q 3,415. = 3,415.
GRAND TOTAL BID $ 93,315.00
PROPOSAL • 3
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ACORD. �:CERT-IFICATTE"." F`UABILITYY�INS-.
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1601 New Stine Road, Suits 230 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED By THE POUCn DESCIMED "MEIN 15 SUBJECT TO ALL THE TERMS,
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DESCRIPTION OF OPUtAllONSILOCATION&NONCLUAPICIAL ITDM
13 St. Recreation center toilet rooms ADA remodel -1998 Prot'. #01119202928000.
Cost $93 315.00 - Duration 4 months- City of San Rafael, I fo * .
City Of ban Rafael, its officers, agents & employees are Additim"a Insureds
ear attached endorsement C132010.
10 days notice for nonq
p-vment of premium.
CERTIFICATE HOLDER CANCEII A j...
CXT". I UNIVILD ANY OP TNS Awn gnawutp 1111-:0ME THE
EXPIRATION DATE TNIVAN. THK Wsumg COMPANY WILL MAIL
CITY OF SAN RAFAEL 3 0 6 DAYS W411" SOME TO THE CWIRCATE MOLDER NAMED TO THE LIFT.
DEPARTMENT OF PUBLIC WORKS
P.O. Box 151560 SUCH w OWLAWOSINDOSUCANISIONUAINUTY
SAN RAFAEL CA 94915-1560 OF ANY N INS COWANY. ITS AOMM OR AMQ&TATIVIUL
AUTHIM-0 IL-11
John G
RD CORPORATION 1988
POLICY NUMBER: GL0676286
INSURED: James E. Thompson General Contractor
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS
(FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or Organization:
CITY OF SAN RAFAEL
ITS OFFICERS,AGENTS & EMPLOYEES
P.O. BOX 151560
SAN RAFAEL. CA. 94915-1560
Who is an insured (Section II) is amended to include as an
insured the person or organization shown in the schedule, but
only with respect to liability arising out of "your work" for
that insured by you or for you.
CG2010 11 85 Copyright, Insurance Services Office, Inc. 1984