No preview available
HomeMy WebLinkAboutCC Resolution 8827 (Seismic Rehabilitation SR Public Library)RESOLUTION NO. 8827 RESOLUTION OF AWARD OF CONTRACT WHEREAS, on the 9th day of February, 1993, 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: SEISMIC REHABILITATION SAN RAFAEL PUBLIC LIBRARY PROJECT NO. 001 - 21501718000 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of West Bay Builders, at the unit 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 West Bay Builders and the same is hereby accepted at said unit price and that the contract for said work and improvements be and same is hereby awarded to said West Bay Builders at the unit 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 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 West Bay Builders for said work and to return the bidders bond upon the execution of said contract. ' ORIGINAL �� RESOLUTION NO. 8827 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 16th February, 1993, by the following vote, to wit: AYES: COUNCELMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: Cohen JEA NE M. LEOXCINI, City Clerk 2 vi rr R % : / 2 « % ¥ / � R O #� 2 / o # w 0 0 - o E o = o O > :\ LO _ CD o « 2A: :_ d R % Ct S L m LO R @ 2 C3): koma: ®LO ® U) ƒ a o d m: : — — — — — — — — — O 0 C/) E c L@ 0 (= o :IL - § _ q 7 § \ / O # m — — — — — — — — — — — — — — — — / R S � n / / k f « = u G�® q $ m ® 649� cm 2 I– _ ...... = — — — — — — — — — — — — — — — Z m o o U) L O F- CO = _ q 2 § Q m \ — — — — — — — — — — — - — — a R § _ k S L CO ^ cm k ƒ ® _ ...... � k — — — — — S R — — — — — — — — — — — — — — « ' wcq o 7 U ...... k co c— — to — — — — — — — — — — — — — m c g � — — — � — — — — — — — — — — — — kCV) � 0 CU CD s � � : c CO w / 2 C)) = $ = 2 ■ – § _ A \ C.) a % co CC E m n o ELL ® $ CISƒ ...... O f m _� o ■� — — — — — — — — — — — — — - IL CO cr 0 zi m D a J 11.1 L¢L d L 1r CO zO 01 qq* uj O O T W T y /LYl x O W 0 Q LLA �ac�n U Z Z O 8 �T U O .O 0 aif E •5 W c w m ca r LL. ? ~ c 8 0 to 0 win m T rT ¢ 65 Q .: Lu Cl) U Z m N U c W m 11 C O cu r- CO • H U o D cr- Ln o v Z n °) 8xo Lu S ~¢ C;> a z m U Cl) Z co 0 Ln N � m O cu U E U cd ��ia co O v m M O Z V1 — ¢ U Cl) cz w c LL. J 0 cu m U co r a �o 0 ch Ln N O CO H co fH 0 0 ' N i0 W st �O CD a LO o N d co 01 M •c ca 03 0 0 ' N i0 W st �O CD O o 0 _ O 01 O o Ln L o EH � m O N U C •� O CD O Cli O O 0 co E LO L � n Ln in 00 0 CD c*) a j LO v3 Vj 0 O N ~ LO e4 N �p fa CD U O a`M N — w . Ln C 60 CD O O _ O o L o EH � m O U O •� O E LO 0 - - - - - - - - - - - - - - - - - - o 0 0 T T co Qi 0 co O Z D Lr) C Vy _ rn a) — — — — — 0 — — — — — — — — — — — — — — Z >, (.)0 O V U = (L rn J a C) � v------------------ ----------------- O O o 0 co 0 0 L? o m o ao 0 � H coo o N (DD N 63 0 Z0LoO — — — — — — — --- — — — — — — — — — — O U >. O l0 W N a LL H O 't CD .1 T C0 T H E A M E R I C A N I N S T I T U T E F A R C H I T E C T AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA 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 16th Nineteen Hundred and 93 day of February in the year of BETWEEN the Owner: CITY OF SAN RAFAEL (Name and address) DEPARTMENT OF PUBLIC WORKS 1400 FIFTH AVENUE SAN RAFAEL, CA 94901 and the Contractor: WEST BAY BUILDERS, INC. (Name and address) 1115 IRWIN STREET SAN RAFAEL, CA .94901 The Project is: SEISMIC REHABILITATION SAN RAFAEL PUBLIC LIBRARY (Name and locatton) FIFTH AND 'E' STREETS SAN RAFAEL, CA The Architect is: MORRIS NEIL FINISY AIA H. M. ENGLE, JR. (,'Vance and address) CONSULTING ARCHITECT STRUCTURAL ENGINEER P. 0. BOX 150714 32 ROSS COMMON, STE. 230 SAN RAFAEL, CA 94915 ROSS, CA 94957 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925. 1937, 1951, 1958, 1961. 1963, 1967, 1974, 197', ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and n ill be subject to legal prosecution. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA ' • ©19R' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW PORK AVENUE. NAX'., WASHINGTON. D.C. 300( COPY A101-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire 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 be 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. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable. state that the date will be fixed in a notice to proceed.) Date will be fixed 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 of calendar dans after the date of commencement. Also Insert anv requirements for earlier Substantial Completion of cer- tain portions of the Work. if not stated elsewhere in the Contract Documents.) Portions of the project shall be completed sufficiently to allow occupancy, but not service to the public; Fin 113, Phn 125 and 125.1, lin 116, 13n 204, Rm 208, 209.1 and 210 - Completion date shall be June 14, 1993. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if ani% for liquidated damages relating to failure to complete on time.) Completion date for total project shall be July 14, 1993. Liquidated damages are $100.00 per calendar day. AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA° - rJ1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENGE. N W WASHINGTON D C '_OOIKi A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Dollars (3 521, 000.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or otber identification of accepted alternates. If decisions on other alternates are to be made by the Ou ner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until wbicb that amount is ralid.) No Alternates deducted 4.3 Unit prices, if any, are as follows: None given. AIA DOCUMENT A1o1 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS Pi5 NEW YORK AVENUE. N V(_ WASHINGTON, D.C. d0(M A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment 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 day of a month, the Owner shall make payment to the Contractor not later than the Fifteenth (15th) 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 days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based 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 form 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 ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Stun 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 any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined 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 in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or Iimitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.1 and 5.6.2 above, and ibis is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA" - 021987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEVI YORK AVENUE. N.W.. WASHINGTON, D C. 2(X)W A101-1987 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 to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Final payment of all moneys due shall be made within fifteen (15) days after the expiration of thirty-five (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 under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if anv.) (Usury laws and requirements under the Federal Truth in Lending Act. similar state and local consumer credit laws and other regulations at the Ou-nor .c and Contractor's principal places of business, the location of the Project and elsewhere mai, aJJect the validity of this provision. Legal advice should he obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or teatrers.) 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 AGREEMENT - TWELFTH EDITION - AIA° - J1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1719 NEW YORK AVENUE. N W, WASHINGTON. D C. 20006 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, I987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated December 30, 1992. , and are as follows: Document Title pages IM General Condition AIA 201 B.6 GAIA; G702, G704, G706, G706A G707, G707A B,7 Supplementary Conditions B.4, A201-1987 Page 1 thru 24 B.6 Page 1 thru 8 B.7 Page 1 thru 7 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Eitber list the Specifications bere or refer to an exhibit attacbed to this Agreement.) Section Title pages SEE EXHIBIT "A" ATTACHED HERETO AIA DOCUMENT Al 01 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 A1O1-198% G THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Eitber fist the Drawings here or refer to an exbtbtt attacbed to Ibis Agreement.) Number Title Date Al -A9 (9 sheets) Architectural Dec. 30, 1992 Sl -S16 (16 sheets) Structural Dec. 303, 1992 E1 (1 sheet( Electrical Dec. 30, 1992 MP -1 (1 sheet) Mechanical -Plumbing Dec. 30, 1992 9.1.6 The Addenda, if any, are as follows: Number Date Pages 1 1/8/93 2 2 2/3/93 17 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 • AIAe1 • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW PORK AVENUE, N W. WASHINGTON. D.0 20006 A101-1987 7 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List bere any additional documents mbicb are intended to form part of the Contract Documents. 7be General Conditions provide tbal bidding requirements sucb as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement Tbey should be listed here only if intended to be part of the Contract Documents.) All standa dsreferred to in the Specification and Contract Documents or shown on the drawings. City rney 4 Department of Public Works This Agreement is entered into as of the day and year 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 Contract, and the remainder to the Owner. OWNER (Si natule) CONTRACTO �V7Pull (Signatur WE4r BAY BUILDERS, INC. ALBERT J. BORO, Mayor PAUL THOMPSON. PRESIDFNT rinted naj,a �an itle) J EAN N E M. L E ON C I N I (Printed name and title) ATTEST•�:-�-'s City Clerk bMDOCUMENT Albl • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 8 ,z:= < 17— 4 , Index Contract Documents: B-1 Notice to Contractor B-2 Introduction to Bidders B-3 Proposal Form B-4 General Conditions AIA -201 B-5 Agreement AIA A-101 B-6 Forms B-7 Supplementary Conditions Specifications: 1.1 General Requirements 2.1 Demolition 02200 Earthwork 02350 Cast -In -Place Piers 2.4 Site Work 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Concrete Cast -In -Place 03600 Grouting 3.7 Concrete (Non -Structural) Index 4.1 Brick Masonry 05120 Structural Steel 5.2 Miscellaneous Metal 06100 Rough Carpentry 6.2 Carpentry (Non -Structural) 6.3 Cabinets and Countertops 7.1 Roofing 7.2 Damp -Proofing 7.3 Insulation 7.4 Sheet Metal 7.5 Caulking 8.1 Metal Doors and Frames 8.2 Wood Doors and Frames 8.3 Aluminum Sash 8.4 Aluminum Doors 8.5 Glass and Glazing 8.6 Hardware 9.1 Steel Studs 9.2 Lath and Plaster 9.3 Gypsum Wall Board (GWB) Index 9.4 Ceramic Tile 9.5 Resilient Base 9.6 Acoustic Tile 9.7 Painting 10.1 Miscellaneous Specialties .1 Toilet Accessories .2 Book Drop .3 Entry Mat .4 Access Panels .5 Expansion Joints 11 NOT USED 12.1 Carpeting 13 NOT USED 14.1 Elevator 15400 Plumbing 15500 Ventillation 16100 Electrical 30 December 1992 ,9!�X /-//8 iT i9 " 3013