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Home My WebLink AboutCC Resolution 9358 (Fire Station #6)RESOLUTION NO. 9358 RESOLUTION OF AWARD OF CONTRACT WHEREAS, on the 2nd day of May, 1995, 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 OF SAN RAFAEL FIRE STATION NO. 6 650 DEL GANADO ROAD, SAN RAFAEL, CALIFORNIA PROJECT NO. 019-19909008000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Bursch & Radu Construction, at the unit prices 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 Bursch & Radu Construction and the same is hereby accepted at said unit prices and that the contract for said work and improvements be and same is hereby awarded to said Bursch & Radu Construction at the unit prices mentioned in said bid. IT IS FURTHER ORDERERD 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. 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 Bursch & Radu Construction for said work and to return the bidders bond upon the execution of said contract. I gRiGIAN'Al q35 $ r 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 May, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS:Cohon, Holler, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:None OA JEA NE M. LEONCINI, City Clerk H. E J A M' E R l C A N l N S T I T 11 T E 0 r A R C H I T E C T S AIA Document A 10 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS hilIPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 198.' Edition of A/A Document A201, General Conditions of the Contract for Construction. is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 17th Nineteen Hundred and 9 5 day of May in the vear of BETWEEN the Owner: City of San Rafael (.Vane and address) Department of Public Works 1400 Fifth Avenue San Rafael, CA 94901 and the Contractor: Bursch & Radu Construction (Autne and address) 714 "C" Street, Suite 216 San Rafael, CA 94901 The Project is: I.V,i,ne and Imattom City of San Rafael Fire Station 6 650 Del Ganado Road San Rafael, CA The Architect is: Foreher & Guthrie i.�a),re a,)d atLctres) 10 H Street San Rafael, CA 94901 The Owner and Contractor. agree as set forth below. 0 ipvnght P)15, 1918, 1925, 193', 1951, 1958. 1961. 1963. 1967, 19''-4. 1977, ©1987 by The American Institute of Archr tet-ts. 1-i9 New York .►venue. N W , Washington. D. C 01100. Reproduction of the material herein or .ubstannal quotation til its provisions wuh( #ut written prrnussun) of the AIA violates the copyright laws of the United States .ind will be subject it) legal prosccution. AIA DOCUMENT A101 - ()W'.VF:R i ()NTRA(:1'()R AGREEMEN'r • 11XILFTII Elwri )N • AIA° • 198" �.%U-xfi kit rNtiTIV TY t )F \Ri 111TECTL, I -+; NEW YORK at'E\t F. N W WAs11INGTON a c. 420911K,Py K, �� A101-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplemerimn' and other Conditions), Drawings. Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and ,Modif)caur )ns issued after execution of this Agreement; these form the Contract, and are as fully a pan of the Contract as If attached to this Agreement or repeated herein. The Contract represents the enure and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to he the responsibility of others, or as follows: NO EXCEPTIONS ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. Unsert the date of commencement if it differs /rum the date of this .-IKreenient or. if applicable. state tbat the date will be fixed in a notice to proceed.) If Date will be in Notice to Proceed Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number,./ calendar dais tiller the date if/ aonunenr ement .-Ilsu insert any requirements for earlier Substantial Completion of cer rant portirms „/ the IT„rk, y not stated elsewhere in the ( ontrart Orxuments ) Completion date will be 180 calendar days from the Notice to Proceed , subject to adjustments of this Contract Time as provided In the Contract Documents. (/nwrt prnr•t.snnts if arra• /rur l)tpadaterl darrta/(es relatmtf of failure to anntplele un time ) Completion date will be 180 calendar days from the Notice to Proceed. Liquidated damages are $100.00 per calendar day. AIA DOCUMENT A101 • OWNER -1 ONl'NA(.TUR A6REti.%tENT • TWE.LFTil EDITION • AlAs • '319H- -HE (.NERI( (` IhSTIT1 TE )FAR( I IITECT� .14W NVA�1IINGTON_ D( ?t)(NKi A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner bh ill pry the Cuntractor in current funds for the Contractor's performance of the Contract the Contract Sum of Dollars (s $01,174.00 ), subject to additions and deductions is provided in the Con- tract Documents. 4.2 The Contract Sum is ba ed upon the folli twtng alternates, if any, which are described In the Contract Documents and are hereby accepted by the Owner: state the narnners ur -,ther tdenitlu auun uJ at,eptetl alt, mates 11 Jw mins tin tither alternates are to be made by the t )u-ner .ubseyuent to the execution u/ this Agreement attoc/r a acbeetule , /itch utber tilternah s �htitrink the amount /(ir each antl the date until a bich that amottut is valid. j NO ALTERNATES DEDUCTED 4.3 Unit prices, If .trig, art .ts follow-, NONE GIVEN AIA DOCUMENT A101 • )%X %I I( t_t)NIHAt'Itrl( 4t ,hEEttt YT • DWEL.FTII H)ITION • AIA° • 1919H7 A101-1987 3 1'FfE %.II -HV IN IVIII -)I I'l- I+f xHi IIII kt I , I'tS�E:� Y()Hh.XyENI'E-0X . VG'A.IIIINGTt)N DG LINHNI ARTICLE 5 PROGRESS PAYMENTS 5.1 Bused upon Applications for Pavment submitted to the Architect by 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 provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: The 25th day of the month. 5.3 Provided an Application for Payment is received by the Architect not later than the sixth (6th) fifteenth (15th) day of a month, the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than fifteen (15) days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be batted upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such farm and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of te�1 percent ( 10 %). Pending final detcrmination o cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph -.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order: 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if anv, far which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph el.i of the General Conditions. 5.7 The progress payment amount determnt•d in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety percent( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the contractor, any additional amounts payable to accordance with Subparagraph 9-10.3 of the General Conditions, 5.8 Reduction or limitation of retainage. if any, shall be as follows: ll/ I u untended, prtnr to Vubstanhal completion ill the entire Work. h, rethae (jr limit the retainage resulting from the percentages inserted nn Subpara- graph., i r, t ,old i 4 J eibor e. and ibis ns rout explain d elsewhere to the cmitract lNxnnments. Insert here prrmunons Jor sucb reduction or lnmttatton.l AIA DOCUMENT A101 • OvrNFR-(.ONTRA(.TOR A(;kkE.tEN'r • TWELFTH EDITION • AIA" • 'S' 19H- r1lt INrrrrt'TF.I IF %RC111'1'1:( TN t'Sr NEW YORK AVENWE. NW WA�1I1NGTON. DC. _'IRRXt A1O1-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility tit correct nonconforming Work as provided in Subparagraph 12.2—i of the General Conditions and to satisfy other requirements, if any, which necessarily survive final pavment: and (2) a final Certificate for Pavment has been issued by the Architect; such final payment shall be made by the Owner not more than it) days atter the issuance of the Architect's final Certificate for Payment, or as follows. Final payment of all monies 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. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid Mader the Contract shall hear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailinu, from time to time at the place where the Project is located. rlUuert rare nl interest agreerl upntt. rJ am, t ff :sury laws and requirements tinder the Federal Truth to Lendtng.40. srmrlar crate and local consumercredil laws and ntber regulations at the t tuner's and Ctunrnctar s principal places uJ huctness. dm lr.catttin nl The Prnlect and elsetrbere mar affect the rabdtty of this prttrtstun. legal advice should he obtained wrib respect tit deletions or modgnattons. and also regarding requirements such its written disclosures or warners.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions AIA DOCUMENT A101 - OWNER CONTRACTOR AGRI EMENT - TWELFTH EDITION - AIA" - '�)198- TI IE .iMERIt.AN INSTITI'TE OF A�RCl lll'Et.Tti 1-i5 NEV YORK .%VEN*I'F.. N W WAJHINGTON. D C. _("Xs A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 1, 1995 , and are as follows: Document Title Pages General Conditions A201-1987 AIA 201 Page 1-24 Supplementary Conditions Page 1-6 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: IF.rtber list the SlIectIlLatnons here or nyer to an exhibit attacbed to ibis .agreement Section Title Pages See Exhibit "A" Attached Hereto AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA° - QIO87 THE AAtk:Rll AN INSTITI'TE OF ARI.HITECTS 1-i5 NEW YORK AVENUE. N W WASHINGTON. D.G. 20000 A101-1987 6 9.1.5 The Drawings are as follows, and are slated lEitber list the Drawings here or refer to un exhibit attucbed to this Agreement.) Number Title unless a different date is shown below: AO-Al2 (13 sheets) Architectural Si -S5 (05 sheets) Structural M1 -M6 (04 sheets) Mechanical P1 -P6.1 (06 sheets) Plumbing E1 -E7 (09 sheets) Electrical C1-C2 (02 sheets) Civil 1-1-1-2 (02 sheets) Landscape 9.1.6 The Addenda, if any, are as follows: Number 1 Date 4/14/95 Date 3/15/95 1/30/95 1/30/95 1/30/95 1/30/95 3/15/95 3/15/95 Pages 11 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 - OWNER CONTRACTOR AGREEMENT - TWELFTH EDITION - AIAo - 01987 rHE AMERICAN INSTITUTE OF ARCHITECTS 1-+S NEW YORK AYENI'E. 'JW. WASHINGTON. D.C. _'DCl i A101-1987 7 9.1.7 Other documents, if any, forming part of the Contr1C[ Documents are as follows: (List bore any additional documents winch are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements sucb as advertisement or invitation to bid, instructions in Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated to this Agreement Tbey sbould be listed here only if intended to be part of tbe Contract Documents.) All standards referred to in the specification and contract documents or shown on the drawings. APPROVED:�/��— CITY ATTORNEY / l i EPARTMENT OF PUBLIC WORKS This Agreement is entered into as of the day and vear first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contnet, and the remainder to the Owner. 0WNER 1 . CONTRACTOR (Jigna ure) (' Xnature) ALBERT J. BORO. Mavo i. Leu,icil�' (P me and title) h tyf In erk ?Printed name and title) i�l ItJI AIA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA* • ©I987 THE AMERICAN INSTITUTE OF ARCHITECTS 1-35 NEW YORK AVENUE, N W. WASHINGTON. D.C. 2000(6 A101-1987 8 EXHIBIT "A" TABLE OF CONTENTS l u. ►1 t►90.►1 :: o:►i NOTICE TO CONTRACTOR INSTRUCTIONS TO BIDDERS PROPOSAL FORM K-0ui:: • �*R GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION: AIA A201-1987 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR: AIA A101-1987 SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS 01 01 0 SUMMARY OF WORK 01027 APPLICATIONS FOR PAYMENT 01035 MODIFICATION PROCEDURES 01095 REFERENCE STANDARDS AND DEFINITIONS 01300 SUBMITTALS 01400 QUALITY CONTROL SERVICES 01 500 TEMPORARY FACILITIES 01600 MATERIALS AND EQUIPMENT 01631 PRODUCT SUBSTITUTIONS 01700 PROJECT CLOSEOUT 01740 WARRANTIES AND BONDS DIVISION 2 - SITEWORK 02060 BUILDING DEMOLITION 02110 SITE CLEARING 02200 EARTHWORK 02831 CHAIN LINK FENCES AND GATES DIVISION 3 - CONCRETE 03300 CAST -IN-PLACE CONCRETE DIVISION 4 - MASONRY 04200 UNIT MASONRY 04270 GLASS UNIT MASONRY EXHIBIT "A" DIVISION 5 - METALS 05120 STRUCTURAL STEEL 05220 STEEL JOISTS AND JOIST GIRDERS 05310 STEEL DECK 05500 METAL FABRICATIONS DIVISION 6 - WOOD AND PLASTICS 06100 ROUGH CARPENTRY 06402 INTERIOR ARCHITECTURAL WOODWORK DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07180 WATER REPELLENTS 07210 BUILDING INSULATION 07511 BUILT-UP ASPHALT ROOFING 07600 FLASHING AND SHEET METAL DIVISION 8 - DOORS AND WINDOWS 08111 STANDARD STEEL DOORS AND FRAMES 08311 ALUMINUM SLIDING GLASS DOORS 0 8 3 6 0 SECTIONAL OVERHEAD DOORS 08410 ALUMINUM ENTRANCES AND STOREFRONTS 08520 ALUMINUM WINDOWS 08710 DOOR HARDWARE 08800 GLASS AND GLAZING DIVISION 9 - FINISHES 09200 LATH AND PLASTER 09250 GYPSUM DRYWALL 09300 TILE 09511 ACOUSTICAL TILE CEILINGS 09660 RESILIENT TILE FLOORING 09678 RESILIENT WALL BASE AND ACCESSORIES 09680 CARPET 09900 PAINTING 09950 WALL COVERINGS DIVISION 10 - SPECIALTIES 10200 LOUVERS AND VENTS 10522 FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES 10800 TOILET AND BATH ACCESSORIES DIVISION 11 - EQUIPMENT 11450 MISCELLANEOUS APPLIANCES DIVISION 12 - FURNISHINGS NOT USED EXHIBIT " All DIVISION 13 - SPECIAL CONSTRUCTION 13200 ABOVE GROUND FUEL STORAGE AND DISPENSING SYSTEM DIVISION 14 - CONVEYING SYSTEMS 14240 HYDRAULIC ELEVATORS DIVISION 15 - MECHANICAL 15050 MECHANICAL GENERAL 15060 UTILITIES 15400 PLUMBING 15500 FIRE PROTECTION SYSTEM 15800 HEATING, VENTILATING AND AIR CONDITIONING 15920 TEMPERATURE CONTROL SYSTEM DIVISION 16 - ELECTRICAL 16 010 GENERAL PROVISIONS 161 1 * 1 CONDUIT 16123 BUILDING WIRE AND CABLE 16130 BOXES 16140 WIRING DEVICES 16170 GROUNDING AND BONDING 16190 SUPPORTING DEVICES 16195 ELECTRICAL IDENTIFICATION 16441 ENCLOSED SWITCHES 16461 DRY TYPE TRANSFORMERS 16470 PANELBOARDS 16476 ENCLOSED CIRCUIT BREAKERS 16481 ENCLOSED MOTOR CONTROLLERS 16496 AUTOMATIC TRANSFER SWITCH 16 510 INTERIOR LIGHTING 16620 ENGINE GENERATOR SYSTEM 16700 COMMUNICATIONS 16 721 FIRE ALARM SYSTEM 16800 TELECOMMUNICATIONS