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PW Relocate Hanging Fence FS 53; Essential FacilitiesCity of San Rafael ♦ California Form of Contract Agreement for Informal Bids Matrix HG Inc. This Agreement is made and entered into this 2 adday of klA Y , 2017 by and between the City of San Rafael (hereinafter called City) and Matrix HG Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1. Scope of the Work. The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the project entitled "FS #53 Relocate Hanging Furnace ," all in accordance with Contractor's bid dated March 21, 2017, attached hereto and incorporated herein by reference. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section l 1.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3. Time of Completion. (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed, after lead time as set forth in Contractor's bid attached hereto. (b) All work, including punchlist items, shall be completed within 10 WORKING DAYS, and with such reasonable extensions of time as may be requested by Contractor and approved by City. 4. 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 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. 5. 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 for work in the following scheduled completed at the unit price stated. The number of units contained in this schedule is approximately 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. BID ITEMS ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 1. Matrix HG Inc. 1 LS a $2,288.00 $2,288.00 GRAND TOTAL BID $2.288.00 6. 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) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 950.'o of the amount of the estimate as approved by the Public Works Department. _ Agreement • 1 (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. 7. 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, shall be paid to the Contractor by the City as soon as possible, (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. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. S. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 0104 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. Agreement • 2 4. The insurance policies shall be specifically endorsed to provide that the insurance carver shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c ) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 9. Indemnification. (a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. Agreement • 3 (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 10. Nondiscrimination. Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 11. Compliance with All Laws. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 12. No Third Party Beneficiaries. City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 13. Notices. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: Frank villa Matrix HG Inc. 27 Pamaron Way, Suite E Novato, CA 94949 14. Independent Contractor. For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 15. Entire Agreement; Amendments. (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. (e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. Agreement • 4 16. Waivers. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 17. City Business License; Other Taxes. Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 18. Warranty. (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City. (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by City. Agreement • 5 IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Jim Schutz City Manager ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: Matrix H( By: Printed Name: Title: pre -5i Agreement - 6 27 Pamaron Way, Suite E Novato, CA 94949 Phone: 707-586-9200 Fax* 415-382-9301 PROPOSAI. FOR SERVICES Matrix HG, Inc. Proposal No. 24-1488 b. IfaIfa In, Lie #812232 City of San Rafael March 21, 2017 Cindy Ray I 1 I Morpliew St. San Rafael, CA 94901 Phone: (415) 458-5326 E-mail: Cindy.Ray@cityofsanrafael.org We are pleased to submit for your review our proposal for the project referenced below. Once approved and signed, we will arrange to schedule and execute directly. Project Name: Relocate the Hanging Furnnce in Fire Station 53 Garage Job Site Address: 30 Joseph Court City: San Rafael AreR(s) Affected: Garage Base Project Amount: $ 2,288 See "Scope of Services"Affachnient Add Alternate(s): I $ - Initial for acceptance Submitted By: By Branch Manager Title Executed By: Signature Print Name / Title 2 $ - /nbtalfa-acceptance 3 $ - hiitial jar acceptance 4 $ - hdfialfor acceptance 5 $ - Initlol for acceptance 6 $ - hiitial fa- acceptance Date Approved Project Amount This proposal is effective from the date noted above and will expire if not accepted within 30 days of proposal submission. Acceptance beyond the 30 days will be at the sole discretion of Matrix HG Inc. .Iltucbmenu. Scope ofServices Terms and Conditions Check 1Jrequlted: o Cerliried Pa)Tntl Required o Dnis•Bncon Required Performance Bonds Required 1 of 4 27 Pamaron Way. Suite E Novato, CA 94949 Phone: 707-586.9200 Fax• 415-382-9301 SCOPE Or SERVICES Base Scope of ►fork Relocate the Hanging Furnace in Fire Station 53 Garage • Pcrform lock out tag out • Disconnect electrical, gas & flue • Relocate existing furnace approx. Oft • Reinstall hangers • Reconnect gas, electrical & flue • Start & test LlIJLf't^�..f P IIG Ina. Lic 4812232 F,xcludes: Electrical, permits, roofing, overtime labor, painting or patching, repairs to existing equipment, fire life safety upgrades and repairs, mechanical and structural engineering and anything other than stated above Base Project Amount: 2.288 2of4 27 Pamaron Nay, Suite G Novato, CA 94949 Phone: 707-586-9200 Fax 415-382-9301 TERMS AND CONDITIONS GENERAL CONDITIONS EX I A'ii, LIc 11812232 Each gemtrae or paragraph of the Terms and Condmms crow Apcemcnt belucen Customer sad Contractor • Proposal Fa Seniccs sball be croswcd sign ecpren tam "eonditionof th,, Contract Fsauwe of Pwchsu Order"other eommunaatim by Customer authairing Contiacuv to perform the Scopo of Work a ill constitute acceptance of each and et ery germ and condition of this Contract Any additional terms or conditions stated in Customers Purchase arks. a other eommunicauen accepting this Cmuact shill notbe c slid under any eireimstenccs unless specifically apptmcdbyurilgenrcspomeofCmtrxl" Failure to respond by Convac tot shall be deemed as denial of my addrtionsl germs or conditions stated in Cust"ners acceptance Contract" shall comply with Federal. Slate, and Local lacy Any claim against Convector alleging my Mach of this Contract or usening neglige"e by Contractor must be insisted no later than one (1) leer &net Cmwet Completion P Contract Campktion shill be the datemuhich Conuscuiesuork is completed. asdriungurihrd from she daseollCuitomers Accepuince thereof F Cmv"tor shill adtise Customer of the compklion ofshe stak Upon Customer's prompt mspectim and notice to Contractor of my uak not in accordance ucth this Contract. Contractor still conreLsoch stork Customer's i upwi m shall be performed in sequence sash Contractors cork progress. w atto atoi,ldelay If Cwtomer faib to gice mch nonce to Cootrxtm ctrthm igienty nio 1721 horn from rouce or Contract Compiction Comacl"'s performmet shall be deemrd lob, completed ❑ IfCmtracice claims it is required to change the method, mann:r,asequance ofcomuuctim. Contractor Shall notify the Cwbm:r in uritmg ofsuch ciaun and rfngaened, Conuxtivshill ptoside CwtameruilhaMkfrepo(l. Contract" science the right looburin a reatemable Change Order for costsor stork-• associated with such changes it Contractor shall msintaun l'inker's ComperusilW and Genual Liability Insurance in limits required by suite list Contractor nill fumith appropriate Insurance Certificates as requesceJ Miner apocs that Convactors total liability shall nol eccted the total amome recoverable from tine cotuage specified by such Insurance Certificates I Contractor accepts no habilit• to uhi m lifyorhold Costumer harmless forclaims ordsmsges to persons orptopert. except lothe etgent that such damages occur during performance of Contractoesncik.mdmt Lh:duatresultof Canvacta'sneghgentenor"omioion Customer un,kntands and slices that Contractor shill hitt on rtspmribilay al my dim: after completion of the nock for damages of and kmd to petcons or .open) y Contractor assumes no responsibility for &:sign, structural adequacy, or compliance of the structure rush building reties 11"proresrimal' design seniles are necessary Customer shill b: rctfavcsibk for the resultaof such scn acs. uhcth:r or not swh genteel ere frac iJ:d m rclatim tows Contact K Conuectaisrwrespmubkfaritcrosmirxmall)mbiccttomecdmicalmaimcnweinetudmg Manaitmitallo duct%weL casings. cabinets. Intones. structural supports, pillage, uater piping, gem piping. dein piping, cooling liner fill, boder mbcs. boikr refractory, draconnoct swishes and eruuit Meaken Cmuxl" a mol reifvnsibk fa repays. rcplacemenu. algeraiims. additions, adjustments. repairs by others• v ardaliani, obsolesce. building system dcstLm. damage due to ncering ut+ther, chemical'elieuwhemkil xtacl., corrosion, erosion, degeneration due to unusual uear and tsar, any dmisges related to de presence of molJ. fungi. miWest or bacteria, damages cawed by pacer reductions many mher cause beyond Contractors control Contract" shill not be mquucJ io repair or replace equipment that has not Men properly msmulned L Contractor is not respmilbk for the Llentification, dclectionn, abagemcnt, encapsulating or remold ofasbesWr.products" mtcrials containing asbcslos. similar harndws substances•"mold. runp.mildestorbacicria In the giant that Contractorencoumen my ortb:re huardaw materials in the course ofperfoming the single. Contractor may suspend its uak and remocero employees from the project until such prodoclor hvmdousmaknal and anysJJiuonil heracdous material eomedcdaiih nue abated Contractee shallrretitemextemim aftimrweompete itsmWLanJcmpeneaumradellyse"mntered7saremitormhsilwlimaiditsconectim Contractor shall am be required to pcdom tiro, msull any. items ofequipment carnal modifications that my be «commended or directed by insurance companies. goiemmenL stale. municipal a other suAonty Hoosier. in the stem my such recommrnd+uom occur, Contractor, at its option may submit a proposal fa Curiances comrdcrauon in addition to this Agreement. al The price for this Contract ircluJ:s Contractors labor, trade unit, wricnirim. equipmM and matensls necessary to perform the Conuxl according tocondaions tthah could be reasonably anficipalndb)HVAC tradcapersms%imlly cramming the job site Malang conditions cause delay" require unmucipmed cost arexpenw in the Nitimwe ofthe Contract, Contractor shsli promptly noun Cuitomcr or such conditions in unting. Contractor shall charge, lot aidi6onal can ices or rgitod_ and be compensated as auihaved by a Change Older to this Cmuxt k The Contract Price isbsscdonCmtiacto'senimtedcow aadecpenscs meffcci asorthispioposal data Should casts or expenits not under the control or the Contractor increase during the ptrfomwe ofConvactors uak, Contractor shell promptly notify Customer ofiu additional cow ore pensee Cmtrmtorshrlithaigefmmh&UilimslcotumJespcncetaMbc compensated as if authorised by a Change Ord" soThis Contr&et ❑ Customer shall not require Contractor to biome a piny to or comply with any trip,, or conditions ormy collective bargaining apcemem DUTIES AND RESPONSIBILITIES OF OWNER P Cultometrepregents to Cmuxt"thstthe buildinganddienmfdeck on uhichlheinstallat+m is tole made is in a smntload•beningcondibmnfreckntfatheprodatemdntmsfor Contraeioe'sumk Cuslonurreprcmnuthnthebuildingistructueoillbealegwtef"Cm(rxteesuoh Customerutalnfom Contrect"muriiingofart•htentoroth:rconhuomuhkh could affect the Conuxtors u"k O Customer shall pcmide the foilouing 1 Safe std reasonsbte equipment access and aasfe nock entimmcnt 2 Permit access to Customer's site and use of building ten ices but not limited to uatcr. c1nawrs. leeching dock fecilaks.electrical senke&W local lekfhon: xnace 3 Korp gram adjacent to equipment free of ettraneo+s material, most an) stock. futures. tt Alla prmtiam"Pomiture this may be peccary to perform the speuaed sen ice 4 Premptly•nou(eonuact"ofan), mutual operating eondmms 3of4 27 Pamiron Way, Suite F: Novato, CA 94949 Phone: 707-586-9200 Fax: 415-382-9301 TERMS AND CONDITIONS DUTIES AND RESPONSIBILITIES OF 01VNER ) Ufvnagrccmeniofatimthmutml xbeJulc, allose Cmuxtm to stop and sun egwpmcm nxesimy to fceform smite Prot iJ: okgmatc t,aty veavntnt 7 PrmiJeth:dail)reuuna",pmcnI openum(irnatpan of this Agiumeni)incluJaig as adabiLg of r"iineegwpment log reidmgs I %4%:re CtmuxlorsrcntmcmmitorinasenictlspolidcJ prwiJi end nuinUmakhphmchne nllh long ditttntt duefldul seed anMer tap]kiLl)' 9 Nompih• aMress my itwer thi's arise rehlrJ to mold, ftmgt. -Weer or bxleria PAYMENT Q�. HO InL� Lic 11812232 Pa)mml shill N made net dadap fano Jue ofmtoice Contractor reunes the tight wrequve eashpa)mcntor other alumatitemcthodofpa)menlpricr tocourpletron ofwodc tfCmtractor dekrmin:s.iniLswkdiscretiNtthitCwwr.:rw Cwtom e,wigneeifinanciileo"tionatan)umed,-imimuf)co Unumeeofrhenel)Oda)sps)menllcm InhWAionwtheCmuact price.Customer still pay Contract. m) oppl-Wc Wattorgotemnkntchanges thatmay be required Inconneetionpith&F untie ormaterial (omishsJund:rJon Agreement WARRANTY ConaactorwarrmU that all Unite pmtt&J unJn this Agreement AA lv pcefonned in aworknunldc mmnes Contactor also ismats that all patU m cmtponcnu wppikd h:retmder shAlbe free fmm JefccUmmacnal and norganamhtp For p:rtsp campanenU Jarmmned tobedrfectttewithin ale)<u form date ofinnalgtron, uWmthe east of sen ice. Jttermind tobeJcfamc nnhn nincl)(9v) da)s orcompku m or that sen ice. Contractor shall at its so. repair, replace, or isw: a crdn for an) wRh cclApment, componcnU or smite, ptm iJd that the) were not JmagcW, abused.n aReetrJ b)chenn<il prep;isles Contracsx shall not b: liable for regain requv�lu+cmtegvence of hula innalllWn,mwspplRmtion,abuse,impmp:rltn King, unauttaonredaheeauonerimpmpuopuum An)cl3mfordefectnewmkmwhrpmwtbepmi,4cJtoCmuscwrmwntmg THIS WARRANTY IS IN LIEUOFALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY. INCLUDING TILE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Conux tots oblipttons tote pair. replace, or asstae credit for m) defecut c equipment. corepownu M seance shall W ewtomeh taclusdle mffRdy EQUIPMENT CONDITIONS k RECON1tt1ENDED SERVICE T UNn tha inival scheduled pret entit a mainkrunce tx+rtnual mvnlmuace, should Cmuxtor dekrminc the need repain or repiacentcnk Contractor tall prolid: Customer:n mmana an 'equipment condition upon including recommmilitions for concretions and the price for repairs in addition to this agreemtnt In the eleol Centracwr rccommenJs certain scnices thrl arc act included herein orv)vn initial inspection, mid if Custom:r docs riotelect to hate weh unke+proprrly perrm dmatimcl)fashion.Cmuactor shall not be rcrmnnble form)egmpmrnta control failures, operabdty, or on) Img•tcma Jamsgr that ma) rewlt Contractor at itsinto of4w will either continue to mnrtain equipment andeor controls to Ne best of As ability, nathoA m) rcefRwtbdip. or rcrnole inch equipment from this Apeem:nt. 4wling the price aumhngl) EXCLUSIONS U Unlatrfrtificalh•d,untnlmlhcSroprofScnics.thefollatmgitemntditrewluJed pre-c-un3condawnscoJ:emtphmceinVfatem:nuwih:edsungllVAC,p;rmiU,tnle24 calculations, cngimcnng. swunwA cilculmuons M naoJdnanms. butWrng Irfe•s sfety Ge in. otsnime lily, lice toluic power w inn;. j;Wtamdenute piping_ pauhingfwal.nil of No. stations and mythm;ah:rthnstate to die Scow of Senicn Arnthingnotspecifltall) lined u IorIad, db:rem shall beknmtnb) thepuun uesclud:J form this reoponl CONTRACT EXECUTION V Thit cmuxui;nd by lvJt pontis emmtuler a flml aritun ctpresnm of dl the crams of Ibis agacmtm ua1 is uompleU sol eadwne stnemem of Ihosc temtr. rapt u moJtfirJ b) wntkn Chmgc Orders agreed to by each punto this agreement. cry Should this cmuact eonflkt nuh Project spielficatioriL this Contract shall got em Should the Stops of Work conflict with dac himufximes S)vcifrcatko L the Scope or Work shall gotcm Should Dnuings prtpucd h) Conueetor consul w tth Mmufxturcr's Sunlud Constnasfim If: uaH, W: Contractor's Drawings shill Salem 4of4 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: Department of Public Works Project Manager: Cindy Ray Extension: x5326 Project Name: 519 Relocate Hanging Furnace Contractor Name: Matrix HG Inc. Contractor's Contact: Frank Villa Contact's Email: fvillaaa rnatrixh2inc.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT CONTINUE ROUTING PROCESS WITH HARD COPY DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 4/2/2017 ❑ CR Attorney with printed copy of this routing form I N CR 6 City Attorney b. Email contract (in Word) & attachments to City 4/2/2017 Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement Click here to ❑ LAG and return to Project Manager enter a date. 8 City Manager/ Mayor b. Confirm insurance requirements, create Job on _ ❑ LAG 9 City Clerk PINS, send PINS insurance notice to contractor Click here to forwards copies to Project Manager enter a date. l3, 3 Project Manager Forward three (3) originals of final agreement to ❑ CR contractor for their signature 4 Project Manager When necessary, * contractor-siened agreement N N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ CR Public Works Contract > $125,000 Date of Council approval Click here to enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 1 5 Project Manager Forward signed original agreements to City 04/25/17 ❑ CR Attorney with printed copy of this routing form I 6 City Attorney Review and approve hard copy of signed ;t/2�/�� agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official _ 9 City Clerk Attest signatures, retains original agreement and �J '7 forwards copies to Project Manager - -(-J l3,