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HomeMy WebLinkAboutCC Resolution 8538 (City Hall Asbestos Abatement)RESOLUTION NO. 8538 RESOLUTION OF AWARD OF CONTRACT WHEREAS, on the 29th day of October, 1991, 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: CITY HALL ASBESTOS ABATEMENT AND CEILING REPLACEMENT in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Warren Construction at the lump sum stated in its bid was and is 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 Warren Construction and the same is hereby accepted at said lump sum and that the contract for said work and improvements be and same is hereby awarded to said Warren Construction at the lump sum mentioned in said bid; IT IS FURTHER ORDERED AND RESOLVED that any and all certified checks, cash, or bond accompanying the bids of unsuccessful bidders be forthwith returned to them respectively; 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; Vice - 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 Warren Construction for said work and to return the bidders bond upon the execution of said contract. ORIGINAL �a,3s RESOLUTION NO. 8 5 3 8 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 Monday, the 4th day of November, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: None J�'��YNE M. LEONCINI, City Clerk 2 CITY OF SAN RAFAEL SAN RAFAEL CITY HALL SECTION 00500 - AGREEMENT FORM STANDARD FORM OF AGREEMENT BETWEEN THE OWNER AND CONTRACTOR THIS AGREEMENT MADE THE 4th DAY OF November 19 91 by and between CITY OF SAN RAFAEL , hereinafter called the Owner, and WARREN CONSTRUCTION hereinafter called the Contractor. THE PROJECT IS #PSI 583-19024 ASBESTOS ABATEMENT & ACOUSTICAL CEILING REPLACEMENT THE ARCHITECT/ENGINEER CONSULTANT FOR THE PROJECT IS: PROFESSIONAL SERVICE INDUSTRIES, INC. HALL-KIMBRELL DIVISION 3730 MT. DIABLO BLVD., SUITE 345 LAFAYETTE,CA 94549 THIS AGREEMENT entered into as of the day and year first written above: OWNER CITY OF SAN RAFAEL BY: Y. Dorothyl Breiner ATTEST: J City Clerk Jeanne M. Leoncini Name and Title BY: 64".�a Attorney CONTRACTOR WARREN CONSTRUCTION Complete Name BY: Signature THE OWNER AND THE CONTRACTOR AGREE AS SET FORTH IN ARTICLES ONE THROUGH FIVE, AS FOLLOWS: AGRMNTCA 00500-1 e/et CRY OF SAN RAFAEL SAN RAFAEL CRY HALL SECTION 00500 - AGREEMENT FORM STANDARD FORM OF AGREEMENT BETWEEN THE OWNER AND CONTRACTOR 1.1 THE WORK 1.1.1 The Contractor shall perform all the work required by the Contract Documents for the project Indicated above. 1.1.2 The Contract Documents, which constitute the entire agreement between the Owner and Contractor, are enumerated as follows: 1.1.21 Project Manual dated September 27, 1991. Bidding Requirements instructions to Bidders Bid Form Contract Agreement Form Bonds Conditions of the Contact General Conditions Supplementary Conditions Specifications Division One - General Requirements Division Two - Testing - Asbestos Removal Division Nine - Acoustical Ceiling Division Fifteen - HVAC Division Sixteen - Electrical Appendix - Details 1.1.22 Addenda Addendum No. One, dated October 22, 1991 Addendum No. Two, dated October 24, 1991 Addendum No. Three, dated 1.1.2.3 Drawings ASB -1 through ASB -3. Drawings A-1 through A-4 in Section 9.1 2.1 CONTRACT SUM 2.1.1 The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by change order as provided in the contract documents, the contract sum of Menty One Thougand Seven H undyed and no/100 Dollars ($212700.00) 3.1 TIME 3.1.1 The work to be performed under this Contract shall comply strictly to the following schedule: - The Notice To Proceed for the project will be issued after November 4, 1991, but unless by mutual agreement, it will not be issued less than ten (10) days prior to the date the Contractor will be expected to commence abatement activities. AGFOANTCA 00500-2 8/91 CITY OF SAN RAFAEL SAN RAFAEL CITY HALL SECTION 00500 - AGREEMENT FORM STANDARD FORM OF AGREEMENT BETWEEN THE OWNER AND CONTRACTOR - The Preconstruction Conference will be held prior to any work 3.1.2 Liquidated Damages: If the building, or portion thereof, Is not available for reoccupancy each Monday at 5:00 a.m. during the asbestos removal portion of the work or each work day at 5:00 a.m. during the ceiling replacement portion of the work, the Contractor will be forced to suffer liquidated damages in the amount of $1,000/8 -hour shift, which will be subtracted from the contract sum for each 24 hour period or part thereof during which the building can not be reoccupied. Liquidated damages are not Intended to penalize the Contractor, but rather are intended to compensate the Owner for damage which will occur in regard to disrupted work schedules and additional operating expenses, should the Contractor fail to complete the work on time. 4.1 PROGRESS AND FINAL PAYMENT 4.1.1 Based upon Applications for Payment submitted to the Owner through PSI by the Contractor and Certificates for Payment Issued by PSI, the following schedule of payments will govem: - Monthly progress payment requests shall be made by the Contractor to the Owner through the Architect/Engineer. A ten percent retainage shall be withheld until receipt and acceptance of all closeout documents. - Final payment of all moneys due shall be made within 15 days after expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. 5.1 MISCELLANEOUS PROVISIONS 5.1.1 Terms used in this agreement which are defined In the conditions of the contract shall have the meanings designated to those conditions. 5.1.2 The Contractor shall not assign, sublet, or transfer his interest in this contract agreement without the written consent of the Owner. The Owner and Contractor hereby agree to the full performance of the covenants contained herein. 5.1.3 The Contractor shall hereby agree to indemnify and hold harmless Professional Service Industries, Inc., and the Owner from any damages, claim, loss, expense, or attorney's fees which either Owner or Professional Service Industries, Inc., or both, or any agent, officer or employee of either, may incur or suffer as a result of Contractor's ignoring the requirements of the specifications. END OF AGREEMENT AGFWNMA 00500-3 a-