The URL can be used to link to this page

Home My WebLink AboutCC Resolution 9585 (Albert Park Freitas Park Tennis Courts Resurfacing)RESOLUTION NO. 9585 RESOLUTION REJECTING THE BID FROM J.A. GONSALVES AND SON CONSTRUCTION, INC., FOR NON-COMPLIANCE WITH SECTION 3.01 OF THE CONTRACT SPECIFICATION AND AWARD OF CONTRACT TO VINTAGE CONTRACTORS FOR "ALBERT PARK/FREITAS PARK TENNIS COURTS RESURFACING". WHEREAS, on the 9"' day of April, 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: "ALBERT PARK/FREITAS PARK TENNIS COURTS RESURFACING" PROJECT NO. 217-6616-8310 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, review by the City of the lowest bid received by J.A. Gonsalves & Son Construction, Inc., did not comply with Section 3.01 of the contract specifications because the contractor failed to furnish suitable documentation detailing that his firm had suitable experience for tennis court resurfacing, and therefore his bid is deemed to be non responsive. NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the bid of J.A. Gonsalves & Son Construction, Inc., is rejected for non-compliance with Section 3.01 of the contract specifications. WHEREAS, the bid of Vintage Contractors at the unit prices stated in its bid was the next lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; IT IS FURTHER ORDERED AND RESOLVED that the bid of Vintage Contractors and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and the same is hereby awarded to said Vintage Contractors at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND 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 ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a contract with Vintage Contractors for said work and to return the bidders bond upon the execution of said contract. 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 special meeting of the Council of said City on Tuesday, the 30 `'day of April, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E M. LEONCINI,City Clerk C--jr of San Rafael • CaliforrA._ Form of Contract Agreement for Vintage Contractors This Agreement is made and entered into this 1st day of May 1996 by and between the City of San Rafael (hereinafter called City) and Vintage Contractors (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; Albert Park/Freitas Park Tennis Courts Resurfacing, 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 22 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. AGREEMENT • 1 NO. ITEM 1. Resurface Courts 2. AC Grind and Overlay 3. Glasgrid 4. Wood header 1. Windscreen @ Freitas Pk PRICES OF ITEMS QUANTITY UNITS UNIT PRICE TOTAL PRICE I 6 EA @ $14,500.00 = $87,000.00 LS LS $16,600.00 = $16,600.00 2,500 SF C3a $1.00 = $2,500.00 50 LF @ $10.00 = BASE BID 1,080 SF a $0.60 = ADD ALTERNATE 1 GRAND TOTALBID 500.00 $106,600.00 $648.00 $648.00 $107,248.00 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, 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 Contractor, 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 AGREEMENT • 2 _„ 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: n�MLeoncin:�� City Clerk APPROVE TO FORM: ary T. Ragghianti City Attorney CITY OF SAN RAFAEL: Alber Boro Mayor CONTRACTOR: VINTAGE CONTRACTORS AGREEMENT • 3