HomeMy WebLinkAboutPW Falkirk Painting 2011Form of Contract Agreement
for
Falkirk Paintine 2011 Rebid
This Agreement is made and entered into this 24'x' day of June 2011 by and between the City of San Rafael
(hereinafter called City) and Contractor Name (hereinafter called Contractor). Witnesseth, that the City and the
Contractor, for the considerations hereinafter named, agree as follows:
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 described in the specifications for the project entitled: Falkirk Painting 2011 Rebid, 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 Contracotr 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 DA'I'S after
the date of written notice by the City to the Contractor to proceed.
(b) All work shall be completed within 60 WORKING DAYS and with such extensions of time as are provided for
in the General Conditions.
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 stun of $200 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 Stun
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.
NO. iTEM QUAN'rITY UNITS UNiT PRICE TOTAL PRICE
1. Falkirk Painting 2011 1 LS @ $83,000 $83,000
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 avter the preparation of the estimate, the City shall, after deducting previous payments
made, pay to the Contractor 90% 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 tinder 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
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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 sliall, 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.
CITY Or SAN RAFAEL:
Nader Alfansow-icin
Public Works Director
BOECK & ASSOCIATES:
File No.: 06.01.207