THIRD AMENDMENT TO AGREEMENT WITH G. E. CHEN CONSTRUCTION, INC. FOR THE NOISE INSULATION PROJECT IN THE FOURTH QUARTER 1999 STATE 65 dB CNEL NOISE CONTOUR | |
THIS THIRD AMENDMENT TO THE AGREEMENT, entered into on this __________________ day of ____________, 2006, by and between the COUNTY OF SAN MATEO, hereinafter called “County,” and G. E. Chen Construction, Inc., hereinafter called “Contractor”; | |
W I T N E S S E T H: | |
WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and | |
WHEREAS, the parties entered into an Agreement for construction services to sound insulate five participating houses for the County of San Mateo Noise Insulation Project within the Fourth Quarter 1999 State 65 dB noise contour on March 11, 2003; and | |
WHEREAS, this Agreement was amended on March 29, 2005 to increase the contract amount by $11,812 to cover the increase in the cost of building materials since the award of the contract; and | |
WHEREAS, this Agreement was amended a second time on November 15, 2005 to extend the term until February 8, 2006 to allow for the delay caused by the re-fabrication of windows that did not meet the required acoustical rating for installation in the eligible properties; and | |
WHEREAS, the parties wish to amend the Agreement to add additional funding in the amount of $196,074 for a new total obligation of $300,976 to include noise insulation for the eligible private school and to extend the term to September 30, 2006 | |
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: | |
1. |
Section 2 -- The Contract Documents -- is amended to read as follows: The complete agreement consists of the following documents: this agreement, Notice Inviting Sealed Bids, the Accepted Bid, the complete plans, detailed drawings, Standard Plans and Specifications, General Provisions, Special Provisions and Technical Provisions, Faithful Performance Bond, Labor and Materials Payment Bond, Bid Schedule and Wage Scale, Schedule of Values, and all Federal Provisions, Forms, Affidavits, Attachments and Addendum. The Contract Documents include the noise insulation of the eligible private school as specified in Attachment A. All of the above named documents are intended to be read together and coordinated so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the "Contract Documents". |
2. |
Section 3 – Contract Price – is amended to read as follows: County shall pay and Contractor shall accept, in full payment for the work agreed to be done, the sum of Three Hundred Thousand Nine Hundred and Seventy-Six Dollars and No Cents ($300,976.00). Said price is determined by Contractor's Bid and the unit prices contained in the Schedule of Values. The Bid and the Schedule of Values are incorporated by reference herein. In the event work is performed or materials furnished in addition to, or work or materials are deleted from those set forth in Contractor's bid and the Specifications herein, such work and materials will be paid for or deleted at the unit prices therein contained in the Schedule of Values. Said amount shall be paid in installments as hereinafter provided in Section 15 below. |
3. |
Section 6 – Effective Date and Time of Completion – is amended to read as follows: The effective date of this agreement is the date indicated in the first paragraph of this agreement. The time of completion for this agreement and all work shall be five hundred and thirty-four (534) consecutive calendar days after the issuance of the Notice to Proceed, until September 30, 2006. Work within each dwelling unit shall be completed in a nine (9) consecutive calendar day period. In the event that a weekend or holiday occurs during the period of work within a dwelling unit, the work site shall be left neat, clean, secure and habitable. Work shall be completed on working days as specified in the paragraph below. |
A working day is hereby defined as any day, except Saturdays, Sundays, legal holidays and days on which the Contractor is not prevented from working by inclement weather or conditions resulting immediately therefrom, which would be adverse to the current controlling operation or operations. Adverse conditions, as approved by the Director of Environmental Services Agency for the County of San Mateo, will be conditions such that prevent Contractor from proceeding with at least sixty percent (60%) of the normal labor and equipment force engaged on any day for at least five (5) hours toward completion of such operation or operations. | |
4. |
Section 43 – One Year Guarantee Upon Final Acceptance – is renumbered as Section 45, and is hereby amended to read as follows: The Contractor agrees that upon final acceptance of the work the following guaranty shall become operative; that Contractor shall repair or replace, at its own expense, any of said work which shall at any time during a one (1) year period subsequent to the date of final acceptance of application of completion, become damaged or defective because of faulty workmanship or defective materials. Contractor shall file with County a corporate surety bond in the sum of Three Hundred Thousand Nine Hundred and Seventy-Six Dollars and No Cents ($300,976.00) securing this guaranty to County, and said bond shall be filed at the time final acceptance of this work is requested. Should Contractor not file said bond as required herein, County may retain any unpaid portion of the contract price as a cash bond for said one (1) year period. In this event, no interest shall be paid to Contractor by reason of County’s retention. Should Contractor, within a reasonable time after demand for repair or replacement of work is made, fail to make any and all such repairs or replacements, County may undertake said repairs and replacements with its own forces or through contract, and Contract shall reimburse County for any and all costs of said repairs or replacements, even if said cost exceeds the principal sum of the corporate surety and which is security for the performance of this guaranty. Contractor and his/her surety may provide the afore going guaranty in conjunction with any other bonding or surety agreement. |
5. |
A new Section 46 – Compliance with Contractor Employee Jury Service Ordinance – is added to read as follows: Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees regular pay the fees received for jury service. |
6. |
All other terms and conditions of the Agreement dated March 11, 2003 and amended on March 29, 2005 and November 15, 2005 between the County and Contractor shall remain the same and in full force and effect. |
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. | |||
COUNTY OF SAN MATEO | |||
By: |
|||
Jerry Hill President, Board of Supervisors San Mateo County | |||
Date: |
|||
ATTEST: |
|||
Clerk of Said Board |
|||
Date: |
|||
G. E. Chen Construction, Inc. | |||
Name, Title – Print | |||
Signature | |||
Date: |
|||
G.E. Chen Construction Amendment 3 | ||
Attachment A | ||
Al Huda Islamic School Sound Insulation Costs | ||
Replace 32 windows with STC (Sound Transmission Class) 44 windows |
$38,900.00 |
|
Replace 5 doors with STC 31 and 40 doors |
$49,236.00 |
|
Remove and replace existing tar and gravel roof and install R-30 insulation between roof joist area base on 7,750 square feet |
$107,938.00 |
|
Total |
$196,074.00 |
|