Loading...
HomeMy WebLinkAboutReso 88-07 Top Grade Const Agmt RESOLUTION NO. 88 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************** AWARDING CONTRACT 07-01 DUBLIN BOULEV ARDIDOUGHERTY ROAD INTERSECTION IMPROVEMENTS (CIP NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580) TO TOP GRADE CONSTRUCTION, INC. WHEREAS, the City of Dublin did, on May 22, 2007, publicly open, examine, and declare all sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for Contract 07-01, Dublin Boulevard/Dougherty Road Improvements (CIP No. 96852, Dougherty Road Improvements - Houston Place to 1-580), authorized by the City Council on February 20, 2007, which Plans, Specifications, and Modifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the Public Works Director, who has recommended that the bid hereinafter mentioned is the lowest and best bid for doing said work; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby award City of Dublin Contract 07-01, Dublin Boulevard/Dougherty Road Improvements (CIP No. 96852, Dougherty Road Improvements - Houston Place to 1-580), to the lowest responsible bidder therefor, to wit, Top Grade Construction, Inc., with a bid of Four Million, One Hundred Ninety-Six Thousand, Nine Hundred Ninety-Three Dollars and No Cents ($4,196,993.00), the particulars of which bid are on file in the Office of the Public Works Director. . BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 19th day of June, 2007, by the following vote: AYES: Councilmembers Hildenbrand, Sbranti, Scholz & Mayor Lockhart NOES: None ABSENT: Councilmember Oravetz ABSTAIN: None ATTEST: ~C!~~/N G:CC-MTGS/6-19-07/Reso 88 Award Bid 07-01 DB-Dougherty Rd (Item 4.7) G: ICIPIDougherty Rd Imp - Houston to I-580IProject\reso award of bid. doc AGREEMENT The City of Dublin, ("City") enters into this agreement, dated for reference purposes only, with Top Grade Construction, Inc. ("Contractor"). RECITALS A. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by May 22, 2007, for Contract No. 07-01, Dublin Boulevard/Dougherty Road Intersection Improvements Project by published notice and/or posting. B. BID OPENING. On May 22, 2007, City representatives opened the bids for Contract No. 07-01, Dublin Boulevard/Dougherty Road Intersection Improvements Project and read the bids aloud. C. PROJECT AWARD. On June 17,2007, the City Council awarded Contract No. 07 -01, Dublin Boulevard/Dougherty Road Intersection Improvements Project to the Contractor and directed City staff to send the Contractor written notice of award of the project. The City Council conditioned award of the project on the Contractor's providing executed copies of all documents specified in the contract check list included in the bid . package within ten (10) working days of receiving written notice of award of the project. D. REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents specified in the contract check list included in the bid package within ten (10) working days of receiving written notice of award. AGREEMENT TERMS The City and the Contractor agree as follows: 1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner the Dublin Boulevard/Dougherty Road Intersection Improvements Project ("Work") as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law. 2. LOCATION OF WORK. The Work will be performed at the following location: Dublin Boulevard and Dougherty Road intersection in Dublin, California 3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within two hundred fifty (250) working days from the date specified in the City's Notice to Proceed ("Time for Completion"). . BB - 41 4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor's obligations under this agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City's remedies for the Contractor's failure to perform include, but are not limited to, assessment of liquidated damages of $500 per day and/or obtaining or providing for substitute performance in accordance with the Contract Documents. 5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor's obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of FOUR MILLION, ONE HUNDRED NINETY-SIX THOUSAND, NINE HUNDRED NINETY-THREE DOLLARS AND NO CENTS ($4,196,993.00) (the "Contract Price") as specified in the Contractor's completed Bid Schedule dated May 22, 2007, and attached to and incorporated in this agreement. Payment to the Contractor under this agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this agreement is first modified in accordance with its terms. The City's obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may apply to the Contractor under this agreement. Such charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents. 6. PREVAILING WAGES. Not less than the general prevailing rate of per diem wages for work of a .similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. The Director of Industrial Relations has determined the general prevaiJing wage per diem rates for the locality in which the Work is to be performed. The City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. Copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all BB - 42 applicable laws and regulations that apply to wages earned in performance of the Work. 7. THE CONTRACT DOCUMENTS. This agreement consists of the following documents ("Contract Documents"), all of which are incorporated into and made a part of this agreement as if set forth in full. In the event of a conflict between or among the Contract Documents, precedence will be in the following order: 7.1 This agreement and change orders and other amendments to this agreement signed by authorized representatives of the City and the Contractor. 7.2 The General Provisions and change orders and other amendments to the General Conditions signed by authorized representatives of the City and the Contractor. 7.3 The Special Provisions, addenda to the Special Provisions signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor. 7.4 The Project Plans, addenda to the Project Plans signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor. 7.5 Notice Inviting Bids. 7.6 Instructions to Bidders. 7.7 The successful bidder's completed Proposal Form and Bidder's Sheet. 7.8 The successful bidder's completed Contractor License Information. 7.9 The successful bidder's completed List of Proposed Subcontractors. 7.10 The successful bidder's Workers Compensation Insurance Certification. 7.11 The successful bidder's completed Non-collusion Affidavit. 7.12 The successful bidder's Debarment Certification. BB - 43 7.13 The successful bidder's completed Certificates of Insurance and Endorsements. 7.14 The successful bidder's executed Performance Bond. 7.15 The successful bidder's executed Payment Bond. 7.16 Executed Escrow for Deposit Agreement, if applicable. 7.17 Change Order Form. 7.18 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract. 7.19 The successful bidder's Qualification Statement, if any. 7.20 The successful bidder's signed Signature Form. 8. PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions that are incorporated by reference and not set forth at length in any of the Contract Documents will only form a part of this Agreement to the extent the Contract Documents expressly make such provisions or parts of provisions a part of this Agreement. For example, published public works agreement provisions, such as those of the State of California Department of Transportation Standard Specifications (known as the Standard Specifications) are only a part of this Agreement to the extent expressly incorporated in this Agreement by section number, and references in the Standard Specifications incorporated by reference to other Standard Specifications do not make such other Standard Specifications a part of this Agreement. When such published provisions are made a part of this Agreement, references in the published provisions to other entities, such as the State, the Agency, or similar references, will be deemed references to the City as the context of this Agreement may require. 9. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent or meaning of any provision of the Contract Documents, including, but not limited to, the Technical Specifications or Project Plans, must be submitted to the Public Works Department, for issuance of an interpretation and/or decision by an authorized Public Works Department representative in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of an authorized Public Works Department representative shall be final. 10. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this agreement, or any moneys due or to become under this agreement, or any other BB - 44 right or interest of the Contractor under this agreement, or delegate any obligation or duty of the Contractor under this agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor's surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor's sureties will be void and a material breach of this agreement subject to all available remedies under this agreement and at law and equity. 11. CERTIFICATION RE CONTRACTOR'S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Class A license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this agreement subject to all available remedies under this agreement and at law and equity. 12. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect. By: CITY OF DUBLIN Title: Title: [Attach Notary Page] Attest: By: BB - 45 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT e<7~~~~~~~ State of California County of ~ Q.. 'fY\ eda- On Co \ \ %10 -r Date } personally appeared before me, L; ~ ~n~(~.90a~X:bliC") ~'oex""t L. F,5~ - Name(s) of Signer(s) LINDA MOFFEll a CommisSion # 1598803 3 ~ Notary Public - California ~ ~ Alameda County i i,. _ _ ~:o:m~~r~~~2c:?9 1&Personally known to me o (or proved to me on the basis of satisfactory evidence) to be the person~ whose name~ subscribed to the within instrument and acknowledged to me that @7~/t~y executed the same in~~/th)d'r authorized capacity(i~), and that by~/tfjQfr signature()4.on the instrument the person(~, or the entity upon behalf of which the person~cted, executed the instrument. Place Notary Seai Above WITNESS my hand and official seal. Signalure L~ck. ~ ' Signature of tary b IC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~~p ;\T Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: . Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ @2006 National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827