HomeMy WebLinkAboutPW Parkside Childcare Interior PaintingCity of San Rafael ♦ California
Form of Contract Agreement for Informal Bids
for
Parkside Childcare Center Interior Painting Project
City Project No. 11307
This Agreement is made and entered into this /5IN _ day of )CC -9 . 2017 by and between the City of San Rafael
(hereinafter called City) and Jerry Thompson & Sons, Inc. (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 below for the project entitled: Parkside Childcare Center Interior Painting
Project, City Project No. 11307, all in accordance with the requirements and provisions of the Contract Documents
which are hereby made a part of this Agreement. The Contractor further agrees to provide the insurance as specified
in the Insurance Requirements Sheet attached hereto as Attachment A. The required additional insured coverage for
City under Contractor's liability insurance policy shall be primary with respect to any insurance or coverage
maintained by City and shall not call upon City's insurance or self-insurance for any contribution.
General Scope of Services:
1. Repair minor damage to existing walls and prep to receive paint.
2. Apply 2 coats of paint — colors, locations and types of paint as specified in the project documents.
3. Protect existing features not to be painted including, but not limited to, existing wood trim at doors &
window, various wall mounted items such as signs & bulletin boards, light switch & wall plug plates,
various wall mounted shelving units, existing cabinets & counters, all light fixtures and HVAC grills. Care
shall be taken not to spray or drip any paint on flooring, windows and furniture.
II- Time of Completion
(a) Work may begin on Saturday, February 18'h, 2017, and shall be complete by 5 PM on Thursday, February 23`a,
2017.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed by the date 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.
NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE
1. Prep & Interior Painting ] LS @ $ 23,800.00 = $ 23,800.00
TOTAL BASE BID $23,800.00
V - Progress Payments
(a) On no 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.
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(c) 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 five (5) working days make such inspection.
(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) 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 twelve (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 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:
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
6R E
AL.
ob pstern
City Attorney
CITY OF SAN RAFAEL:
Bill Guerin
Public Works Director
CONTRACTOR:
e y T om o & Sons, Inc.
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Steve Patterson
Extension: 510-701-0319
Contractor Name: Jerry Thompson & Sons
Contractor's Contact: Jerry Thompson
Contact's Email: sallyb@jtspainting.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
2/13/2017
❑x
Click here to
b. Email contract (in Word) & attachments to City
enter a date.
Atty c/o Laraine.Gittens@cityofsanrafael.org
❑
2 City Attorney
a. Review, revise, and comment on draft agreement
Click here to
and return to Project Manager
enter a date.
Ei�
b. Confirm insurance requirements, create Job on
Click here to
PINS, send PINS insurance notice to contractor
enter a date.
3 Project Manager
Forward three (3) originals of final agreement to
Click here to
❑
contractor for their signature
enter a date.
4 Project Manager
When necessary, * contractor -sinned agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
Date of Council approval
Click here to
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney
Review and approve hard copy of signed
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agreement
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7 City Attorney
Review and approve insurance in PINS, and bonds
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(for Public Works Contracts)
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8 City Manager/ Mayor
Agreement executed by Council authorized official
9 City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
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