HomeMy WebLinkAboutCC Resolution 9104 (SR PD Womens Locker Room)RESOLUTION NO. 9104
RESOLUTION OF AWARD OF CONTRACT
WHEREAS, on the 15th day of February, 1994, 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:
SAN RAFAEL POLICE DEPARTMENT
WOMEN'S LOCKER ROOM EXPANSION - 1994
PROJECT NO. 001 - 2150-179-8000
in accordance with the plans and specifications therefor on file in the office of
said City Clerk; and
WHEREAS, the bid of Tom Redmond Construction, at the lump sum
price 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 Tom Redmond Construction and the same is hereby accepted at
said lump sum price and that the contract for said work and improvements be and
same is hereby awarded at the lump sum price mentioned in said bid;
IT IS FURTHER ORDERED 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 0
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 Tom
Redmond Construction for said work and to return the bidders bond upon the
execution of said contract.
1 ORIGINAL 4�a�
RESOLUTION NO. 910 4
IT IS FURTHER ORDERED AND RESOLVED that an additional
$15,000 be appropriated from Police Department salary savings.
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 Tuesday, the 22nd day
of February, 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEM 3ERS: Cohen
JEANNE M. LEONUNI, City Clerk
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AGREEMENT
THIS AGREEMENT,
made on
the
22nd
day of
February
19 94
by and
between
the CITY OF SACT
RAFAEL, party of the first part, hereinafter called the OWNER, and
TOM REDMOND CONSTRUCTION
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the
considerations hereinafter named, agree as follows:
ARTICLE I - 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 shown on the plans and described
in the specifications for the project entitled
SAN RAFAEL POLICE DEPARTMENT WOMEN'S LOCKER ROOM EXPANSION
1994
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:
ARTICLE II - Time of Completion
(a) The work to be performed under this Contract shall
be commenced within 7 calendar days after the date of
written notice by the Owner to the Contractor to proceed.
(b) The word. shall be completed within 50 working days
after the date of such notice and with such extensions of
time as are provided for in the General Conditions.
ARTICLE III - 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
5
him under uae 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 Owner within 15 days after the expiration of 35 days
following the date of recordation of said Notice of
Completion.
(b) Before final payment io 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 3 surety bond satisfactory to the Owner 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 con-
stitute a waiver of all claims by the Owner, 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.
(d) 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
Owner 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 con-
stitute a waiver of claims.
ARTICLE IV - Payment
(a) The Contract Sum. The Owner shall pay to the Contractor
for the performance of the contract the lump sum amount
of $ 23,500.00 , adjusted by any changes as provided
in the General Conditions.
(b) Progress Payments.
1. On not later than the 6th day of every month the
Public Works Department shall prepare and submit an
estimate covering the percentage of the total amount
of the Contract which has been completed from the
start of the job up to and including the 25th of the
preceding month, together with such supporting evidence
as may be required by the Owner and/or Contractor.
2
2. On not inter than the 15th day of L..e month, the Owner
shall, after deducting previous payments made, pay to
the Contractor 90% of the amount of the estimate as
approved by the Public Works Department.
3. 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.
4. 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 pro-
visions of Section 4590 of the Government Code. Such
securities, if deposited by the Contractor, shall be
valued by the public agency's Finance Director
(Treasurer), whose decision on valuation of the
securities shall be final.
IN WITNESS WHEREOF the parties hereto have executed this Agree-
ment, the day and year first above written.
APPROVED
.;r,*-S7G� : CITY OF SAN RAFAEL
5
Z�w
/Lolty Attorney ayor
WORKS ARTMENT City � er
CONTRACTOR
TOM REDMOND CONSTRUCTION