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PW Parkside Childcare Interior PaintingCity of San Rafael ♦ California Form of Contract Agreement for Informal Bids for Parkside Childcare Center Interior Painting Project City Project No. 11307 This Agreement is made and entered into this /5IN _ day of )CC -9 . 2017 by and between the City of San Rafael (hereinafter called City) and Jerry Thompson & Sons, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 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 of the work described below for the project entitled: Parkside Childcare Center Interior Painting Project, City Project No. 11307, all in accordance with the requirements and provisions of the Contract Documents which are hereby made a part of this Agreement. The Contractor further agrees to provide the insurance as specified in the Insurance Requirements Sheet attached hereto as Attachment A. The required additional insured coverage for City under Contractor's liability insurance policy shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance for any contribution. General Scope of Services: 1. Repair minor damage to existing walls and prep to receive paint. 2. Apply 2 coats of paint — colors, locations and types of paint as specified in the project documents. 3. Protect existing features not to be painted including, but not limited to, existing wood trim at doors & window, various wall mounted items such as signs & bulletin boards, light switch & wall plug plates, various wall mounted shelving units, existing cabinets & counters, all light fixtures and HVAC grills. Care shall be taken not to spray or drip any paint on flooring, windows and furniture. II- Time of Completion (a) Work may begin on Saturday, February 18'h, 2017, and shall be complete by 5 PM on Thursday, February 23`a, 2017. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed by the date 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 $1,900 for each and every working 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. NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE 1. Prep & Interior Painting ] LS @ $ 23,800.00 = $ 23,800.00 TOTAL BASE BID $23,800.00 V - Progress Payments (a) On no 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) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. C-( -4- (00 (c) 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 five (5) working days make such inspection. (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 twelve (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: Esther C. Beirne City Clerk APPROVED AS TO FORM: 6R E AL. ob pstern City Attorney CITY OF SAN RAFAEL: Bill Guerin Public Works Director CONTRACTOR: e y T om o & Sons, Inc. CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Steve Patterson Extension: 510-701-0319 Contractor Name: Jerry Thompson & Sons Contractor's Contact: Jerry Thompson Contact's Email: sallyb@jtspainting.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 2/13/2017 ❑x Click here to b. Email contract (in Word) & attachments to City enter a date. Atty c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement Click here to and return to Project Manager enter a date. Ei� b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor enter a date. 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -sinned agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed 115�r,? v I, agreement / 7 City Attorney Review and approve insurance in PINS, and bonds 511-7 kW (for Public Works Contracts) z% 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager �'P