HomeMy WebLinkAboutCC Resolution 9443 (Pickleweed Recreation Center Repair)RESOLUTION NO. 9 4 4 3
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 25`h day of August, 1995, 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:
"REPAIR AND REPAINTING OF PICKLEWEED RECREATION CENTER"
PROJECT NO. 219-6619-122
in accordance with the plans and specifications therefor on file in the office of said City
Clerk; and
WHEREAS, the bid of Ionic Construction at the unit prices stated in its bid
was and is the lowest and best bid for said work and said bidder is the lowest
responsible bidder therefor;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that
the bid of Ionic Construction 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 Ionic Construction 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 Ionic
Construction 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 regular
meeting of the Council of said City on Tuesday, the 5`h day of September, 1995, by the
following vote, to wit:
AYES: COUNCILMEMBERS:Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAN E,M. LEONCINI, City Clerk
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7
AGREEMENT
THIS AGREEMENT, made on the 25`h day of August 1995 by and between the CITY OF
SAN RAFAEL, party of the first part, hereinafter called the OWNER, and IONIC
CONSTRUCTION COMPANY party of the second part, hereinafter called the
CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereafter
named, agree as follows:
ARTICLE I - 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 the work shown on the plans and described in the
specifications for the project entitled
REPAIR AND REPAINTING OF PICKLEWEED
RECREATION CENTER PROJECT NO. 219-6619-122
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:
ARTICLE H - 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 Owner to the Contractor to
proceed.
(b) The work shall be completed within thirty (30) working days after the date of such
notice and with such extensions of time as are provided for in the General Conditions.
ARTICLE III - Acceptance and Final Pavment
(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 Owner within
including the retained percentage, shall be paid to the Contractor by the Owner 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 or Iiens the Contractor
may submit in lieu of evidence of payment a surety bond satisfactory to the Owner
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 Owner, 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 Owner
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.
ARTICLE IV - PAYMENT
(a) The Contract Sum. The Owner 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 included 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.
(b) Progress Payments.
On not later than the 6`h day of every month the Public Works Department shall
prepare and submit and 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
25`h 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 Owner and/or
Contractor.
0
AGREEMENT (CONT'D)
PROJECT:
PAYMENT SCHEDULE FOR
REPAIR AND REPAINTING OF
PICKLWEED RECREATION CENTER
PROJECT NO. 219-6619-122
ITEM NO. ITEM
UNIT UNIT PRICE I
1. Repainting and Flashing
Installation L.S. $18,000.00
Al. Add the preparation & refinishing;
exterior and interior faces and edges
of steel doors, frames and sidelights
including foyer doors and sidelight L.S.
GRAND TOTAL BID (BASE BID + ALTA)
$1,400.00
$19,400.00
7
2. On not later than the 15'' day of the month, the Owner shall, after deducting
previous payments made, pay to the Contractor 90% of the amount of the estimate
as approved by the Public Works Department.
3. 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.
4. 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 45909 of the Government Code. Such
securities, if deposited by the Contractor, shall be valued by the public agency's
Finance Director (Treasurer), whose decision on valuation of the securities shall be
final.
IN WITNESS WHEREOF the parties hereto have executed this Agreement, the Day and
year first above written.
APPROVED:
CITY OF SAN RAFAEL
e Attorney 9yor
ATTEST:
•
Public Works Department- City Clerk
CONTRACTOR
IONIC CONSTRUCTION COMPANY