HomeMy WebLinkAboutCC Resolution 13871 (City Hall Third Floor HVAC)RESOLUTION NO. 13871
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AWARDING A CONTRACT FOR THE THIRD FLOOR HVAC
UPGRADE PROJECT, CITY PROJECT NO. 112529 TO MATRIX HG, INC
IN THE AMOUNT OF $2229118.00.
WHEREAS, on the 27`h day of January, 2015, 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:
"Third Floor HVAC Upgrade"
City Project No. 11252
in accordance with the plans and specifications therefore on file in the office of said City Clerk;
and
WHEREAS, the bid of Matrix HG, Inc. at the unit prices stated in its bid was and is the
lowest and best bid for said work and said bidder is the lowest responsible bidder;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The bid of Matrix HG, Inc. is hereby accepted at said unit price and that the
contract for said work and improvements is hereby awarded to Matrix HG, Inc. at
the unit prices mentioned in said bid.
2. The Public Works Director and the City Clerk of said City are authorized and
directed to execute a contract with Matrix HG, Inc. in a form approved by the City
Attorney, for said work and to return the bidder's bond upon the execution of said
contract.
3. An additional $25,000 will be appropriated from Fund 603 for City Project No.
11252, bringing the project total to $250,000.
4. The Public Works Director is hereby authorized to take any and all such actions
and make changes as may be necessary to accomplish the purpose of this
resolution.
I, ESTHER C. BEIRNE, 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
City Council of said City held on Monday, the 2nd day of February, 2015 by the following vote,
to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ESTHER C. BEIRNE, City Clerk
File No.: 06.01.224
City of San Rafael ♦ California
Form of Contract Agreement
for
Third Floor HVAC Unerade
ON Proiect No. 11252
This Agreement is made and entered into this 2nd day of September 2014 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 and all of the equipment and labor necessary, and to
perform all of the work described in the plans and specifications for the project entitled:Third Floor HVAC
Upgrade, City Project No. 11252, all in accordance with the requirements and provisions of the Contract
Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability
insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance
available to the City.
II- 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.
(b) All work shall be completed, including all punchlist work, within FIFTEEN (15) WORKING DAYS and
with such extensions of time as are provided for in the General Provisions. See Section 17-1 of the Special
Provisions for more information on working days.
III - 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 $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.
ITEMTOTAL
I DESCRIPTION I STIMATQUANTITY I ED UNIT I I UNIT PRICE I I PRICE
1. I Third Floor HVAC Upgrade I 1 I LS I@ I 222,118.00 I= I 222,118.00 I
GRAND TOTAL BID $ 222.118.00
V - 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 95% of the amount of the estimate as approved by the Public Works Department.
(c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the
filing of the notice of completion and acceptance of the work by the Public Works Department.
(d) 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 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, including the retained percentage, shall be paid
to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of
said Notice of Completion.
(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) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before
the final payment will be made.
(d) 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.
(e) 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:
54�
sther, C Beirne
City Clerk
c . J?,0..C-. ,
APPROVED AS TO FORM:
-6
Robert F. Epstein
City Attorney
File No.: 06.01.224
CITY OF SAN RAFAEL:
Nader Mansourian
Public Works Director
Matrix HG Inc.
w By: /—
Printed Mime: anPGreeson
Title: Vice President
Bond# 929575416
PERFORMANCE BOND Premium $ 3,199.00
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Matrix H.G., Inc.
115 Mason Circle, Suite B
Concord, CA. 94520
_..��. .. .............
OWNER (Name and Address): City of SanRafael
111 Morphew Street
PO Box 151560
San Rafael CA. 94915
CONSTRUCTION CONTRACT
Date; February 2, 2015
Amount: $222,118.00
Description (Name and Location):
Third Floor HVAC upgrade Project No. 11252
SURETY (Name and Principal Place of Business):
Western Surety
City of Sioux Falls SD
Address for notices: 555 Mission St., Suite 200
San Francisco CA 94510
800-262-9749
BOND
Date (Not earlier than Construction Contract Date): February 2, 2015
Amount: $222,118.00 rM
Modifications to this Bond: I^ lNone OSee other side
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Matrix H.G., Inc.
Signature: A��'
Name and Title: KT14—,G Z.
(FOR INFORMATION ONLY - Name, Address and Telephone)
SURETY
Company: (Corpo to Seal)
Western Surety a y
Signature:e W
Name and Title:
Robert C. Hadzor
attorney in fact
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Robert Hadzor Insurance Services
3755 Alhambra Ave., Suite 7
Martinez CA 94553
925-372-9000
Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies.
The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - December 1984 edition.
1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner
for the performance of the Construction Contract, which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate
in conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later
than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor
Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1;
and
3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or
to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following
actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract; arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence,
to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,
and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surely perform its obligations under this Bond,
and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and Owner
refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the Construction Contract; and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit
of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages of the
Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act
of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this bond
to any person or entity other than the Owner or its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part
of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within
two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction contract after all proper
adjustments have been made, including allowance to the Contractor or any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the
terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction
Contract or to perform and complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Robert C Hadzor, Individually
of Martinez, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this I 1 th day of July, 2014.
r�jRErt
WESTERN SURETY COMPANY
N�'/o pDRg1 e�
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aul T. Bruflat, Vice President
State of South Dakota 1
Jt ss
County of Minnehaha
On this 11th day of July, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
J. MOHR
June 23, 2015 seAt NOTARY PUBLICseAL
SOUTH DAKOTA
•r,�rww.wM.rwwtiw.�tii l
Q J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of
/�WESTERN SURETY COMPANY
i�SEA`.flx ;�
rN OPK�
Wxm
/ VL11.1,on, Assistant Secretary
C:�r
Form F4280-7-2012
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of -chat/ it (Atx
On 2 - ` - V,5-- before me, �Vi ��� Mmi
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who proved to me on the basis of satisfactory evidence to be the person(6) whose names) ism subscribed to
the within instrument and acknowledged to me that he/sh>r/they executed the same in his/kerilieir authorized
capacity(1us), and that by his/4er,4keir signature(s� on the instrument the persorK*, or the entity upon behalf of
which the persorlf s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WI E S my an nd of ut ial se
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Signature of Notary
1 BRITTANY MYERS
Z COMM. # 2053326 N
N -''' NOTARY PUBLICCALIFORNIA z
0 ?'i• CONTRA COSTA COUNTY
My Comm. Exp. December 26, 2017
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUNT
Title or ]erripti..tokhe(scdocument)
(Title or description of attached document continued)
Number of Pages _'L Document Date L ' � - I5
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CAP�ITY CLARVIED BY THE SIGNER
Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
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