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HomeMy WebLinkAboutCC Resolution 7463 (TL Rec Center Renovations)RESOLUTION NO. 7463 RESOLUTION OF AWARD OF CONTRACT WHEREAS, on the 2nd day of December , 19 86, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter men- tioned, 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: RENOVATION OF BATHHOUSE AND COMMUNITY BUILDING - TERRA LINDA RECREATION CENTER in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Joseph E. Redmond, Inc. at the lump sumprice 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 -r-he bid of Joseph E. Redmond, Inc. be and the same is hereby accepted at saidlump sum price and that the contract for said work -:nd improvements be and same is hereby awarded to said Joseph E. Redmond, Inc. at the lump sum price mentioned in said bid; IT IS FURTHER ORDERED AND RESOLVED tha-t'-- 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; IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a con- tract with Joseph E. Redmond, Inc. for said work and to return the bidders bond upon the execution of said contract. 1. 9RIGINAL 'RESOLUTION NO. 7463 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 15th day of December 19 86 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom �� �ICity JEA �. LEONCClerk S= THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A707 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION TH'S DOCUM£N7 HAS IMPORIAN1 IFGAI CONS£QUINC£S, CONSULTATION WITH A•, AT70RP.I1 15 £NCOURAGIU 1,117H RISI'LCT TO ITS COkfPl£7ION OR MODIFICATION Use only Hitl the 797b Edition of AIA Dowment A201, Genera' Conditions of the Contract for Construction This document has been approved and endorsed b} The Associated General Contractors of America AGREEMENT made as of the 15th Hundred and Eight}---ci': BETWEEN the 0",ner and the Contractor day of December Ci t\ ;), R: l P. O. Box 60 San Ra:acl, CA 94 Joseph, E. Re3monc- , 1n� . 3:; Josez:�h Court San Rafael, CA 9-'903 in the year of Nineteen The Project. Rcnovatio of Pothho�se and Connunity Building 'Terra Linda Recreation Center The Architect: Forsher & Guthrie 919 Mission Avenue San Rafael, CA 9Y901 The Owner and the Contractor agree as set forth below. Cop}r,tiht 19'- 191E 1925 1937, 1951, 195P, 191.1 1903, 9t,7,19-4 Cs. 19-- t,, the Amenca� Instaute of Architects, 1735 NeA 1 it �. 1\,. h',: Cl C :it.� F.; ;r ��: c t t' • n .. I t. SLA 'J' I J' q_:..t it r . flit A L ♦ Jt!' VP C0j ,'i,"' 1J'.+ L bt SLt ,C,' i. )Ch,, pt," I AIA DOCUMENT AlO CiV,r,;F-C0',lKAC70R AuFHYINI [J,E',Tf IL 710', Il:n: 19"7 AIAO Cl--- • THE AYd'_ i -L'C AK rl,IL;. } r' ^\ r, t. !. _", L C 2JUJL A101 -197 7 I C 0 P ARTICLE 7 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to th,s Agreement or repeated herein An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here Insert the caption dencriptire o) the Work as used on other Contract Documents.) Renovation of the Bathhouse and Community Terra Linda Recreation Center as set forth Plans and Specifications and all addenda, amendments thereto. ARTICLE 3 Building at the in the project revisions and TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced tr; i th 1 r. f i f teen (15 ) calendar da,,-_. after receip- o Notice to Proceed and subject to authorized adoll:L:ienl. Sub5tann ,! Cam1, ti:rr, Sri i bt: ach c,cJ nJt later than (Hr:r ,r.3r�r an, spend' p'u.uro.rf for hqutdairC. damage., reta(:nE it. to Jun w wrip Cir or I'm, sixty (60) calendar days providing all materials are available within si-Xty (60) calendar- da:VS1. There may be deducted the sum o; Two Hundred Dollars ($200) per calendar day for each calendar da,,, beyond the original contract tune of 60 calendar days for comL;letion, except;na_ any extensions obtained for cause. Ats, DOCL MINI AIL .r _O':_i0.� ii A i:. • E. -.i'• tt Ti:'. . 15'- • A! A,411 C15 • THL AA1Ei i.r tiTI1U1L Of ARCHMCT_ 10.5. NII, 1UKi. ASL N v.. ►;a3. CTON. D. C. 200(x. A101-19:7 2 ARTICLE 4 CONTRACT SUM The Owner shall 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 Two Hundred Sixty—Nine Thousand and No/100 Dollars ($269,000.00) The Contract Sum is determined as follows (State here the bate bid or other lump sum amoun. accepted alfrrnatrt, and unit prices. as applicable.) Base Bid ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect b� the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the 25th day of the month as follows: Not later than Twenty—one days following the end of the period covered by the Application for Payment ninety percent (90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent (90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing. for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner, and upon Substantial Completion of the entire \Fork, a sum sufhoent to increase the total payments to one hundred percent (100 %) of the Contract Sum, less such amounts as the Archrtect shall determine for all incomplete Work and unsettled claims a� provided In the Contract Documents (1[ not CoYefed NtrMherr ir• tilt Contract Document; he,r insert am pro.a,o[, - for hm,nF o, rrd.ic[rg the amoun: re;a„ne: atter tiKa t t rea:he. a cerLA ,lase of completion ) No othsr provision Payments due and unpaid under the Contract'Documents shall bear Interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here inter[ any rate of interest asreed upon ) Zero perce:;t 1Lhu,1 faa and ifgj ,aemt•rund, Ih[ Fedc•a' Tru'•' it lend or Act trrr st�•i and lu:,' .u'rsun,, C,r..' r la.., ai-' orhe• reg.4hL•'' a' the Ci.:nr a'. Co'. bt Oli:i,ntc M r! rt.pe.. I. o, r IT. ,a r., a'•. v, or rt4,.. 't•^.. Y . � ..[Oi •e•: e• [ . ALA DOCUMENT Alol • OWNLF:-CONIRACTUF: AGRILM.fe.l • LLEVLN'ttt LDiIiON tUhL 15” AIA• �t17'" • THL IN=1t7L1TL OF .• RCH'TECTS 1'J_• Ntr+ .A%i N 1'. ',GJ C)-,, D C 2blfj� A101-19:7 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed the Contract fully performed and a final Certificate for Payment hak been issued b� tht Architect ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used to this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (crit belo% the Ag,ermew thr Conditions of the Contract (Generat. Supplrmenia?) and other Conditions the Draw,n1p the Specdrtatlons and any Addrnaa And accepted alternate, sho%,ng page or sheet numbers in sh cases and dairs where appl cable• ) a. Architect's Plans dated October 23, 1986 consisting of cover sheet, sheets A-1 thru A-5, sheet S-1, sheet MP -1, sheets P-2 and P-3, and sheets E-1 and E-2 including any addenda, revisions or amendments thereto. b. Architect's Specifications entitled "Project Manual for Renovation of Bath House and Community Buildinq, Terra Linda Recreation Center", dated September, 1966, includ- inq any addenda, revisions or amendments thereto. C. This Agreement consisting of 4 pages. This Agreement entered into as of the dad and yea, first written above. OWNER CITE' OF SAN RAFAEL COnT AC R JOS H REDMDND, INC. �ioseph E. Redmond Inc. Cit- Clerk J�sc�.)t 0Lutl 1 San Rafael, CA 94903 --- r_ AIA DOCLMENT A101 O\,r.LF•CUNTRACTvF: AGF;iI :1! •' f.! ['.1t CG''U'. )u•�L 1977 A1.1* �,V- • 1HL .1h1LF..CS'. In -T L71 Of AkCh.TCCTI�, 17�� Alt N V. U C _Uuut AIUI-19' 4 (W The Ohio Casualty Insurance Company 136 North Third street, Hamilton, Ohio 45025 Bond No_ -2- ,24-654 CAUFORNIAm-- PUBUC CONTRACT KNOW ALL MEN BY THESE PRESENTS, that JOSUN E. REDMND, INC. as Principal, and FHE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation ,authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN RAFAEL as Obligee, in the sum of TWO 1MRED AND SIXTY NINE T➢IONSANO AIM 00/100------------- Dollars ($ 269,000.00 ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal on the 15TR day °' DECEMER 19 86 , entered into a contract with the Obligee for RENOVATION OF EATM lIOVSE AND COWMITY BUILDING, TERRA LINDA RECREATION CENTER. NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise T-L,.x Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code of the State of California, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 23RD IVO T-O-Iu"1C7'17 c—TTY ENGINEER► A0VED AS TO FORM CITY' ATTORNEY, / s7, (:alit. 5 3591 b day of DECEMER 19 E6 JOSE>PBI E. REND, INC. Principal THE OHIO CASUALTY INSURANCE COMPANY By SCOTT RANGE Attorney -in -Fact (D the Ohio Casualty insurance Company 136 North Third Street, Hamilton, Ohio 45025 Bond N, 2-624-654 PERFORMANCE BON[ CALIFORNIA ---PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That JOSEP1 E. REDMOND, INC. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation authorized to execute bonds in the State of California, as Surety, are hold and firmly bound unto CITY OF SAID RAFAEL as Obligee, in the sum of TWO KINDRED AND SIXTY NINE TRORSAND AND 00/100 ---Dollars ($ $269,000.00 ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated DECEMBER 15, , 19 86 , with the Obligee to do and perform the following work to-w't RENOVATION OF EATS NOISE AND COXaWITY BVILDING, TERRA LINDA RECREATION CENTER. NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this Calif. S 3590 ,, O'ED SUFFICIENCY Fll!<?c TY ENGINEER ' rr-ROVED AS TO FORM_ +17Y /ATTORNtY `� 23RD day of DECEIZER 19 86 Principal THE OHIO CASUALTY INSURANCE COMPANY By SCOTT VAEGE Attorney -in -Fact STATE OF CALIFORNIA . aw COUNTY OF On this ..... day of ......;.,.. G:::..c:.,.r:. ? :.. in the year ............. before me, ............. ...............�:... a NOTARY PUBLIC in and for said INotary'a Name) C_ ,on.•. rin.ill,nmumuuwnnnlr•;nunlmun:;nluismc;u;;�.•• • •m;I State, personally appeared .......•` 1 .... personally __. OFFICIAL slcn known to me (or proved, to me on the basis of satisfactory evidence) to be GRECCaY P. O'KEFFC the person whose name is subscribed to this instrument as the attorney -in- fact of THE OHIO CASUALTY INSURANCE COMPANY, and acknowl- ;•Td. NO1l11pj �'jp,,%tIC CIrF 1 RfVIP edged to me that he (she) subscribed the name of THE OHIO CASUALTY .'RI'If'IP:1l (,F FI�'F IN "' ''''" '""TY INSURANCE COMPANY thereto as Surety andhis (her).,own name as o;nru•�^n �•pin•s;,r.••t.21,IJ�o attorney-in-fact. .......,...u........u.,r ....i........... .... .... ....... .... .... NdW* public in and for said State MyCommission Expires ........................ /..... .i:.................. S-4828 CZR17]".D COPY OF POWER OF ATTC"kNEY HOKE OFFICZ . NAMILTOM OHIO No. 18-395 Kum !U1 An by ffi tu td* That THE OHIO CASUALTY INSURANCE COMPANY, in pattenaana of authority rmatted by Article VLSection 7 of the By -Laws of acid Company does hereby nominate. constitute and appoints C. R. Hauge or Scott G. Hauge — — — — — — — — — — — —of San Francisco, California its true and lawfulagoat and attorney -in-fad, to maize, execute, seal and deliver for and on its behalf as surety. and as its act and dead any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance FIVE MILLION - - - - - - - - - - - - - - - - - - - - - - - (i 5,0001000.00 - ) Dollars, excluding, however, any bond(.) or undertakings) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon mid Company. a■ fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons. The authority granted hereunder ouporsedes any previous authority heretofore granted the above named attorney (a) -in -fad. In WITNESS WHEREOF. the undersigned, officer of the said The Ohio Casualty Insurance Company has said The Ohio Casualty STATE OF OHIO,l Ss. COUNTY OF BUTLER J hereunto subscribed ams and affixed the Corp to Soni of the Iasuraace Comp t s 29th If aunt 19 82. Asst. Secretary On this 29th day of January A. D. 19 82 beforo the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified. came Richard T. Hoffman, Asst. Secretary — — _ of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, end who executed the preceding instrument, and he acknow. ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the acid Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. a�it►t�![ �a`�tt �[ TESTIMONY WrEREOF,I have hereunto met my hand and affixed my Official Seal at the q Ham1tonOhio.the day and year first above written. 9 Notary Public in and for my of sit or. State of Ohio Qtr fig My Commission ezpir December 24 1986 . ..... .....................J................... This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney -in -Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, reeognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, . orporation. or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub. division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: 'RESOLVED that the aignature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal. to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on thin date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A.D., 19 tt\lll!!,n[f � SEAL I� f t�t5►��' Assistant Secretory S -4300-C 12-00.3M