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HomeMy WebLinkAboutCC Resolution 4529RESOLUTION NO. 4529 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RE- SOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with Structural Repairs to the Carnegie Wing of the San Rafael Public Library - M & H Construction , a copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and re- gularly in.troduced and adopted at a regular meeting of the Council of said City held on Monday the 16th day of July 1973, by the following vote, to - with: AYES: COUNCILMEN: Jensen, Mulryan and Acting Mayor Miskimen NOES: COUNC I LMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini MARI N A. GRADY - City Cqerk ORIGINAL THE AMERICAN INSTITUTE OF ARCHITECTS Z AIA Document A101 Rm Auireernp ti'%'Vef�:11111 ndarrd LD . � ii nh t Ll '-,)' e Onmvnie-v and Cantvzcfav where the basis of payment is a STIPULATED SUM Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has Important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. AGREEMENT made this X day of JULY in the year of Nineteen Hundred and Seventy -Three (1973). BETWEEN The City of San Rafael, 1400 Fifth Avenue, San Rafael, Calif. 94901 the Owner, and Tel. No. 456-1112 M & H Construction, 588 Spring Street, Richmond, Calif. 94804 Tel. No. 236-7652, State License #236401 The Owner and the Contractor agree as set forth below. AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - SEPTEMBER 1967 EDITION - AIA® @1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 the Contractor. 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for the Structural Repairs to the Carnegie Wing of the San Rafael Public Library. (Insert above the caption descriptive of the Work as used on other Contract Documents.) ARTICLE 3 ARCHITECT The Architect for this Project is Andrew James Ring III, AIA Architect, License #C-5284 NCAR13 818 Fifth Avenue, San Rafael, Calif. 94901 Tel. No. 457-0990 ARTICLE 4 TIME OF COMMENCEMENT AND COMPLETION The Work: to be performed under this Contract shall be commenced upon issuance Of "Notice to Proceed" b e �i y tett within three (3) working days on the issuance of a building permit arl-complete in a reasonable time of five (5) weeks from that date. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) Liquidated Damages: None AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • SEPTEMBER 1967 EDITION • AIAOO 2 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 ARTICLE 5 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work. subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of TWENTNZ THOUSAAID EIGHT HUNDRED FIFTY—Sn7E!\T Dai -LABS ($20,857.00) (State here the lump sum amount, unit prices, or both, as desired.) ARTICLE 6 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by tie Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Conditions of the Contract as follows: On or about the 1St day of each month ninety percent (90%) per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent (90%) per cent 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 by the parties, up to the 29th day of that month, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to One hundred percent (100c,'- per 1000per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims. (Here insert any provisions made for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) Payments to the Contractor will be pursuant to Article 9 of the General Conditions of the Contract and Division 1 Supplemental Conditions, Paragraph F, in accordance with the attached AIA document G702, Application and Certificate for Payment, suL-mitted to the Architect for review. The Contractor upon project close-out in accordance with the General Conditions shall submit the ccmpleted enclosed forms: Certificate of Substantial Completion AIA Document G704, Consent of Surety Canpany to Final Payment AIA Document G707, and Consent of Surety to Reduction in or Partial Release of Retainage AIA. Document G707A. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • SEPTEMBER 1967 EDITION • AIA® 3 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 C - , ARTICLE 7 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor 35 days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 8 MISCELLANEOUS PROVISIONS 8. i Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 8.2 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: (List below the Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) 1. Owner -Contractor Agreement, AIA Doccumu-1t A101 - 5 pages with Exhibits Exhibit 1 - Application and Certificate for Payment, G702 - 2 pages Exhibit 2 - Certificate of Substantial Corpletion, G704 - 1 page Exhibit 3 - Consent of Suety Company to Final PayTrtent, G707 - 1 page Exhibit 4 - Consent of Surety to reduction in or Partial Release of Retainage, G707A - 1 page 2. Conditions of Contract General Conditions, AIA Document A701 and A201 - 18 pages, 18 June 1973 Supplemental Conditions - 6 pages, 18 June 1973 Iabor, [nage Rates and Employment Practices - 4 pages, 18 June 1973 Drawings - Plans, Sections and Details, 1 sheet, 18 June 1973 Specifications - 25 pages, 18 June 1973 AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • SEPTEMBER 1967 EDITION • AIA® 4 ©1967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 20006 This Agreement executed the day and year first written above. 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V"� \0 \O O O r -I O . - 00 Uw w w w w w a 4r -I N N N r -i ' Z r1 O `1 K U. ° O N I••• Z m O R+ ,-4 cd E; cd H s~ CL H w " O J < u ddr4 N W cd z O I~ "-4 w p ri r{ �' rl 4.11 CO +3 4i N r -i O p b N� F oo �Cfo� 0 rrd m pg0pcwcnca�ca � 1w_ Z OH \()< r -I N cn --j• u'1 �L` 00 ON r 4 CERZTEFI ATE OF OWNERARCHITECT ❑ SUBSTANTRAL CONTRACTOR ❑ COMPLE '� EON FIELD OTHER ❑ AIA DOCUMENT 0704 PROJECT: Structural Repairs to the CarnegieARCHITECT: Andrew Jams Ring III, AIA Architec (name, addressWang Of the San Rafael Public Library 818 Fifth Ave., Scan Rafael, Calif. 1100 E Street ARCHITECT'S PROJECT NUMBER: 7307 San Rafael, Calif. 94901 TO (Owner) I CONTRACTOR: M & H Construction City of San Rafael_ CONTRACT FOR: Structural Repairs to the C/o City Clerk Carnegie 11ing of the San 1400 Fifth Avenue Rafael Public Library San Rafael, Calif. 94901 L� CONTRACT DATE: DATE OF ISSUANCE: , PROJECT OR DESIGNATED AREA SHALL INCLUDE: San Rafael Public Library The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Sub- stantial Completion is hereby established as which is also the date of commencement of all warranties and guarantees required by the Contract Documents. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is appended hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to com- plete all Work in accordance with the Contract Documents. ARCHITECT BY DATE The Contractor will complete or correct the Work on the list of items appended hereto within days from the above Date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at (time) on (date). OWNER BY DATE The responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance shall be as follows: (NOTE—Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage) AIA DOCUMENT G704 • CERTIFICATE OF SUBSTANTIAL COMPLETION • APRIL 1970 EDITION • AIA® ONE PAGE 0 1970 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 EXHIBIT 2 0 CONSENT t f OWNER ❑ ARCHITECT ❑ SURETY( COMPANY CONTRACTOR. ❑ SURETY TO FEMA I PAYME w(T OTHER t AIA DOCUMENT G707 PROJECT: Structural Repairs to the Carnegie Wing of the San Rafael Public Library (name, address) 1100 "E" Street ( San Rafael, California 94901 TO (Owner) F ARCHITECT'S PROJECT NO: 7307 City of San Rafael c/o City Clerk 1400 Fifth Avenue L Sal -I Rafael, Calif. 94901 CONTRACTOR: M & H Construction 588 Spring Street Richmond, Calif. 94804 CONTRACT FOR: Structural Repairs to the Carnegie Wing of the San Rafael Public Library CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) on bond of (here insert name and address of Contractor) , SURETY COMPANY, , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal) : day of Surety Company Signature of Authorized Representative Title , OWNER, _19 NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION • AIAO ONE PAGE © 1970. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 EXHIBIT 3 CONSI—NIT OF SURE=TY TO REDUCTrI -�N IFIN \ !� PARTEAL RELEASE OF RETAE IAGE AIA DOCUMENT G707 A OWNER � ARCHITECT •CONTRACTOR SURETY OTHER ❑ ❑ ❑ ❑ PROTECT: Structural Repairs to the Carnegie Wing of the (name, address) San Rafael Public Library 1100 "E" Street San Rafael, California 94901 TO (Owner) —1 ARCHITECT'S PROJECT NO: 7307 City of San Rafael CONTRACT FOR: Structural Repairs to the c/o City Clerk Carnegie Ving of the 1400 Fifth Avenue CONTRACT DATE: San Rafael Public Library (_ San Rafael, California 94901 , In accordance with the provisions of the Contract between the Ov ner and the Contractor as indicated above, the (here insert name and address of Surety as it appears in the bond). SURETY, on 'bond of (here insert name and address of Contractor as it appears in the bond) CONTRACTOR, hereby approves the reduction in or partial release of retainage to the Contractor as follow$: The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to (here insert name and address of Owner) OWNER, as set forth in the said Surety's bond. - IN .WITNESS WHEREOF, the Surety has hereunto set its hand this day of 19 Surety �. Signature of Authorized Representative Attest: (Seal) : Title AIA DOCUMENT G707A CONSENT OF SURETY TO REDUCTION IN OR PARTIAL RELEASE OF RETAINAGE )UNE 1971 ONE PAGE EDITION • AIA' • © 1971 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 EXHIBIT 4