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Home My WebLink AboutCC RESO 91-180RESOLUTION NO. 91-180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING RENARD CONSTRUCTION TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RENARD CONSTRUCTION FOR REMODELING OF CITY ADMINISTRATION OFFICES PHASE II (C.I.P. 1215-91-II) WHEREAS, the Building and Safety Department of the City of National City did in open session, on August 12, 1991 publicly open, examine and declare all sealed bids for the remodeling of city administration offices phase II. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for the remodeling of city administration offices phase II to the lowest responsive bidder, to wit: RENARD CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City, California that the Mayor is hereby authorized to execute on behalf of the City, a contract between Kenard Construction and the City of National City to provide for the remodeling of city administration offices phase II in accordance with the Building and Safety Department Plans and Specifications. PASSED and ADOPTED this 3rd day of September, 1991. Aiti:Vittlifii, MAYOR ATTEST: Lori Anne Peoples City Clerk APPROVED AS /T/�OFORM: George H. Eiser, III City Attorney 11 RI 1 1 1 1 1 AGREEMENT THIS AGREEMENT, dated the 3rd day of September , 1991, in the County of San Diego, State of California, by and between the City of National City, California (hereinafter referred to as "CITY", and 1,EtaRD 0Q11$JRM.1_011 (hereinafter referred to as "CONTRACTOR"). WITNESSET H: That the CITY and the CONTRACTOR, for the consideration stated herein, agree as follows: 1. The complete contract includes all of the Contract Documents, including the Notice Inviting Sealed Bids, Information for Bidders, Bid Form, Designation of Subcontractors, Contractor's Plans, Certificate Regarding Workers' Compensation, Noncollusion Affidavit, Performance Bond, Payment Bond, Insurance Certificates, General Conditions, Special Conditions. this Agreement, and all modifications and amendments thereto, by this reference incorporated herein. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. 2. CONTRACTOR shall perform within the time set forth in Paragraph 4 of this Agreement everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services as described in the complete Contract and required for construction of the project known as: TENANT IMPROVEMENTS FOR CITY ADMINISTRATION OFFICES - PHASE II Specification No. 1215-91-II A11 of said work to be performed and materials to be furnished shall be completed in a good workmanlike manner in strict accordance with the plans, general and special conditions and provisions of the complete Contract as hereinabove defined. The CONTRACTOR shall be liable to the CITY for any damages arising as a result of a failure to fully comply with this obligation. Agreement - Page 1 3. CITY shall pay to the CONTRACTOR, as full consideration for the faithful performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, the sum of Seven Thousand Seven Hundred Eighty Seven and no/100 Dollars (STD ), said sum being the total amount of the following amounts stipulated in the proposal: Base Bid $ 7,787.00 Alternate No. g_~ (all Alternates selected shall be listed) 4. The work shall be commenced on or before the date stated in the CITY'S Notice to Proceed and shall be completed within thirty (30) consecutive calendar days from and after the date stated in the Notice to Proceed. Said Notice shall be issued within ten (10) calendar days after the award of the Contract, and shall require that Work be commenced on or before ten (10) calendar days from the date of issuance of said Notice. 5. Time is of the essence. If the work is not completed in accordance with paragraph 4 above. it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code Section 53069.85 it is agreed that CONTRACTOR shall pay to CITY as fixed and liquidated damages, and not as a penalty, the sum(s) as stated in paragraph 22 of Information for Bidder's for each calendar day of delay until Work is completed and accepted. This amount shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR and CONTRACTOR'S Surety shall be liable for the amount thereof. Time extensions may be granted by the CITY as provided in Article 62 of the General Conditions. 6. CONTRACTOR agrees to and does hereby indemnity and hold harmless the CITY, their officials, agents and employees/ volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the Work called for in this Contract. The CITY, their .officials, agents and employees/volunteers will not be liable for any accident, loss or damage to the Work prior to its completion and acceptance. Agreement - Page 2 7. If either party hereto becomes involved in litigation arising out of this Contract or the performance thereof, the court in such litigation, or in a separate suit, shall award reasonable costs and expenses, including attorneys fees, to the party -justly entitled thereto. In awarding attorney fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, sward the full amount of costs, expenses, and attorney fees paid or incurred in good faith. B. CONTRACTOR shall take out, prior to commencing the work, and maintain, during the life of this contract, and shall require all subcontractors, whether primary or secondary, to take out and maintain insurance coverage as required in Articles No. 16 through 19 of the General Conditions and as follows: General Liability Insurance for injuries including accidental death, to any one person in an amount not less than: $1�000.000.00 Insurance Covering Special -Hazards: Following special hazards shall be covered by rider or riders to above - mentioned general liability and property damage insurance policy or policies of insurance, or by special policies of insurance in amounts as follows: Vehicles and/or material hoist (non -owned as well as owned) where used or operated: $1i000000.00 9. Required number of executed copies of the Agreement, the Contractor's Certificate, the Performance Bond. and the Payment Bond and Insurance Certificates is six (6). 10. Pursuant to Section 22300 of the Public Contract Code, this Contract permits the substitution of -securities for any conies withheld by a public agency to ensure performance under this Contract. At the request and expense of the -CONTRACTOR, securities equivalent to the amount Agreement - Page 3 1 1 1 1 i� i 1 1 1 1 1 withheld shall be deposited with the public agency, or with a State or Federally chartered bank as the escrow agent. who shall then pay such monies to the CONTRACTOR. Upon satisfactory completion of the Contract, the securities shall be returned to the CONTRACTOR. Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit. The CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. 11. 1f CONTRACTOR is a corporation, the undersigned hereby repre- sents and warrants that the corporation is duly incorporated and in good standing in the State of t whose title is is authorized to act for and bind the corporation. 12. Each and every provision of law and clause required by taw to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and it through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Contract Shall forthwith be physically amended to make such revision 13. The complete Contract as set forth in paragraph 1 of this Agree- ment constitutes the entire Agreement of the parties. No other agree- ments, oral or written, pertaining to the work to be performed under this Contract, exists between the parties. This Contract can be modified only by en agreement in writing, signed by both parties and pursuant to action of the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY rONTRACT__OR By: ' , 1L By: Mayor. Cil' of Natinnal fity�� 1243 National City Blve. (Signature of CITY) (Corporate Seal of CONTRACTOR it corporation) (Signature of CONTRACTOR) Contractor's License No. hl C Rq , Class Contractor's Business License.No. Agreement - Page 4