HomeMy WebLinkAboutItem 4.5 Award of Bid 91-03A CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 9, 1991
SUBJECT:
Award of Bid - Contract No. 91-03A
Construction of Irrigation Well at Shannon Park
Report by Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1)
2)
RECOMMENDATION:
Resolution Rejecting Bid from Maggiora
Bros. Drilling, Inc., and Awarding Hid to
A.S.E. Drilling, Inc.
Bid Results
Adopt Resolution
Authorize Mayor to execute Agreement
FINANCIAL STATEMENT:
Lowest Responsive Bid Received:
$40,162.60
Engineer's Estimate for Construction: $32,420.00
Funds Budgeted:
Design & Inspection:
Construction:
$ 2,500.00
60,000.00
$62,500.00
The $60,000 construction budget includes funding to purchase and install
a pump and to connect the well to the Shannon Park irrigation system
under a separate contract at a later date. Following is a breakdown of
the $60,000 budget by item:
Well Development:
Installation of Pump System:
$40,000.00
20,000.00
$60,000.00
If the test well is drilled and there is no water, the cost will be
$9,500. If water is found and is determined to not be of a quality or
quantity needed, the cost will be $16,600.
Staff anticipates that the well, if successful, would pay for itself in
approximately six years from the savings in potable water costs.
Additional savings may be realized in the form of landscaping which
would not otherwise survive under drought restrictions.
I C ! CLERK--
· ~ v J COPIES TO: Bidders
DESCRIPTION: At its meeting of May 13, 1991, the City Council
authorized Staff to advertise for bids for Contract 91-03, Construction
of an Irrigation Well at Shannon Park. At the time Staff was authorized
to solicit bids, it was not known whether the City could obtain water
rights for the park property itself. Staff is now proposing to install
the well in the street right-of-way adjacent to the park; so the water
rights are no longer an issue.
The project would construct a well which will be hooked directly into
the existing irrigation main line and the existing irrigation
controller. Because Staff does not know how deep the well will be, it
is not possible at this time to specify the size of pump needed. The
well pump is proposed to be obtained and installed at a later date under
a separate contract. Once the pump has been installed and hooked up to
the park system, the park could be irrigated with well water.
It is possible that a well would not provide sufficient water for the
park's irrigation needs or that the water obtained would not be of a
suitable quality.
On June 25, 1991, the City received one bid for this project from A.S.E.
Drilling, Inc.; however, at the July 22nd meeting, the City Council
determined to reject this bid because the bid was significantly above
the Engineer's Estimate. The original bid received was $47,995.
Staff re-advertised the project and, on August 27th, received three bids
from drilling companies. Following is a recap of the bids received:
Maggiora Bros. Drilling, Inc.
A.S.E. Drilling, Inc.
Weeks Drilling & Pump Co., Inc.
$36,764.65
$40,162.60
$43,156.25
After reviewing the bids, it was noted that Maggiora Bros. did not
include a price for Bid Item No. 3, the casing for the test well. Staff
recommends that, on this basis, Maggiora Bros.' bid be considered non-
responsive. It should be noted that if A.S.E.'s price for Bid Item No.
3 were deducted from their total, they would become low bidder.
The bid documents provide that the City can cancel any item or portion
of any item if there is no longer a need for that item and thus save
the City additional money. This provision would be used if the test
well does not produce or is not of a quality needed for irrigation.
The City could terminate the contract and not proceed with the remainder
of the work.
Staff recommends that the City Council adopt the resolution rejecting
the bid from Maggiora Bros. as non-responsive and awarding the bid to
A.S.E. Drilling, Inc., and authorize the Mayor to execute the agreement.
a:\well\agstawd
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CONTRACT 91-03A IRRIGATION WELL AT SHANNON PARK
BID RESULTS
ITEM UNIT EST
NO. DESCRIPTION MEAS QTY
ENGINEER'S EST. A.S.E. DRILLING
UNIT TOTAL UNIT TOTAL
COST COST COST COST
MAGGIORA BROS. WEEKS DRILLING
UNIT TOTAL UNIT TOTAL
COST COST COST COST
8
9
10
11
12
13
14
15
16
17
18
MOBILIZATION & CLEANUP LS
DRILL TEST HOLE LF
INST. PVC CASING &
SCREEN FOR TEST HOLE LF
ABANDON TEST WELL LS
GEOPHYSICAL LOG LS
TEST WATER FOR CAPA-
CITY & QUALITY LS
RUN SIEVE ANALYSIS &
RECOMMEND SIZE 7 AMT OF
SCREEN & SIZE OF FILTER
PACK MATL LS
DRILL MIN 15" DIA HOLE LF
INST 316 BOTTOM PLUG
TO SCREEN LS
INST 316 S/S VEE WIRE LF
INST 10" PVC SCH 80
CASING LF
CONNECT PVC CASING TO
S/S SCREEN LS
INST 245' FILTER PACK
MATERIAL CY
WELL DEVELOPMENT LS
INST 5' BENTONITE
CHIPS SEAL CY
INST 50' TYPE II CEMNT CY
INST 4'X4'X6" HIGH
CONC BASE OR SLAB CY
INST WELL CAP &
SECURITY LOCKED COVER LS
TOTAL:
1 2,000.00 2,000.00 3,500.00 3,500.00
300 10.00 3,000.00 15.00 4,500.00
300 10.00 3,000.00 12.00 3,600.00
300 5.00 1,500.00 5.00 1,500.00
1 1,000.00 1,000.00 1,500.00 1,500.00
1 i,500.00 1,500.00 2,000.00 2,000.00
1 300.00 300.00 300.00 300.00
300 15.00 4,500.00 25.00 7,500.00
1 300.00 300.00 500.00 500.00
30 200.00 6,000.00 169.92 5,097.60
270 15.00 4,050.00 14.00 3,780.00
1 350.00 350.00 500.00 500.00
6.17 200.00 1,340.00 317.67 1,960.00
1 1,500.00 1,500.00 2,700.00 2,700.00
0.13 1,000.00 130.00 5.00/FT 25.00
1.3 1,000.00 1,300.00 307.69 400.00
0.3 500.00 150.00 ...... 300.00
1 500.00 500.00 500.00 500.00
32,420.00 40,162.60
1,500.00 1,500.00 12,375.00 12,375.00
15.00 4,500.00 15.00 4,500.00
NO BID NO BID
5.00 1,500.00 975.00 975.00
1,500.00 1,500.00 1,200.00 1,200.00
3,500.00 3,500.00 3,900.00 3,900.00
400.00 400.00 500.00 500.00
25.00 7,500.00 20.00 6,000.00
200.00 200.00 150.00 150.00
150.00 4,500.00 160.00 4,800.00
21.00 5,670.00 19.00 5,130.00
300.00 300.00 150.00 150.00
145.00 894.65 125.00 771.25
1,800.00 1,800.00 1,500.00 1,500.00
500.00 65.00* 1,000.00 130.00
1,000.00 1,300.00' 538.46 700.00
1,000.00 1,000.00 750.00 225.00
500.00 500.00 150.00 150.00
36,629.65* 43,156.25
*Figures corrected after tabulation
RESOLUTION NO. 90-91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REJECTING BID FROM MAGGIORA BROS. DRILLING, INC.,
AS NON-RESPONSIVE AND AWARDING CONTRACT 91-03A
TO A.S.E. DRILLING, INC.
WHEREAS, the City of Dublin did on August 27, 1991, publicly open throe
sealed bids for doin§ the work described in the approved spocifications for Contract
91-03A Construction of Irri§ation Well at Shannon Park; and
WHEREAS, the City Engineer has recommended that the iow bid received from
Maggiora Bros. Drilling, Inc. be rejected because said low bid failed to include a
price for one bid item; and
WHEREAS, the City Engineer has recommended that the second lowest bid
hereinafter described is the lowest and best responsive bid for performing the work;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby reject the low bid provided by Maggiora Bros. Drilling, Inc., and awards
Contract 91-03A to the lowest responsive bidder, to wit, A.S.E. Drilling, Inc., at a
price of $40,162.60, the particulars of which bid are on file in the City Engineer's
office.
AYES:
NOES: None
ABSENT: None
PASSED, APPROVED AND ADOPTED this 9th day of September, 1991.
Councilmembers Burton, Howard, Jeffery, Moffatt,
and Mayor Snyder
ATTEST:
a:~woll~resawrd
AGREEM~
CONSTRUCTION AND INSTALLATION OF
AN IILRIGATION WELL IN SH~ON PARK
CITY OF DUBLIN CONTRACT 91-03
THIS AGREEMENT, dated for identification as of Sept. 9, 1991 between the CITY
OF DUBLIN, a Municipal Corporation (hereinafter called "CITY"), and A.S.E.
Drilling, Inc., (hereinafter called "CONTRACTOR").
The parties hereto mutually agree to the terms and conditions set forth
herein.
1.01 CONTRACT DOCUMENTS.
Each of the items hereinafter referred to are incorporated herein by this
reference as if set forth in full herein.
Work called for in any one Contract Document and not mentioned in another is
to be performed and executed as if mentioned in ail Contract Documents. The table
of contents, titles, and headings contained herein and in said documents are solely
to facilitate reference to various provisions of the Contract Documents and in no
way affect or limit the interpretations of the provisions to which they refer.
The Contract Documents, sometimes also referred to as "the Contract," consist
of the Notice to Contractors, the completed Proposal Form submitted by the
Contractor to whom the Contract is awarded, the Instructions to Bidders insofar as
they relate to events which will occur or actions to be taken after the submission
of the Proposal, this Agreement, the Standard Specifications, the Special
Provisions, Plans, Drawings, Detail Book, and Technical Specifications, the
Standard Drawings, Details, and other such data and all versions thereof prepared
by City pursuant to Contract, and any modifications of any of the foregoing in the
form of Addenda or executed Change Order or otherwise effected in accordance with
the terms of the Contract, the surety bonds, bid bond, and Contractor's list of
subcontractors.
1.02 DEFINITIONS.
Uniess otherwise specifically provided herein, all words and phrases defined
in the Standard Specifications shall have the same meaning and intent in this
Agreement.
1.03 AGREEMENT CONTROLS.
In the event of a conflict between the terms and conditions as set forth in
this Agreement and the terms and conditions set forth in other Contract Documents,
the terms and conditions set forth in this Agreement shall prevail.
1.04 SCOPE OF CONTRACT.
Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material and transportation necessary to perform and complete in a good
Page A - 1
and workmanlike manner to the satisfaction of City, all the work called for, and in
the manner designated in, and in strict conformity with the Contract Documents for
the project entitled: CONSTRUCTION AND INSTALT.~TION OF AN IRRIGATION WELL IN
SHANNON PARK.
1.05 CONTRACT AMOUNT AND PAYMENTS.
City agrees to pay, and Contractor agrees to accept, in full oa~ment for the
above work the sum of i FORTY THOUSAND ONE HUNDRED SIXTY TWO DOLLARB ~ND SIXTY CENTS
($40,162.60) which sum is to be paid according to the schedule and in the manner
set forth herein and subject to additions, deductions, and withholding as provided
in the Contract Documents. When it is provided in the Notice to Bidders,
Instructions to Bidders, or Proposal Form that Contractor is to be paid on the
basis of the unit prices shown in his bid, instead of a lump sum price, the
Contractor agrees to accept, in full payment for the above work, the sum computed
in accordance with the actual amount of each item of work performed or material
furnished, at the unit price which Contractor bid for each such item in his
Proposal Form, said unit price to be determined as provided in the Standard
Specifications and Special Provisions.
1.06 PROGRESS AND FINAL PAYMENTS.
Subject to the terms and conditions of the Contract Documents, City shall
cause payments to be made upon demand of Contractor in the manner set forth in the
Standard Specifications.
1.07 RETENTION OF SUMS CHARGED AGAINST CONTRACTOR.
When, under the provisions of this Contract, City shall charge any sum of
money against Contractor, City shall deduct and retain the amount of such charge
from the amount of the next succeeding progress estimate, or from any other moneys
due or that may become due Contractor from City. If, on completion or termination
of the Contract, sums due Contractor are insufficient to pay City's charges against
him, City shall have the right to recover the balance from Contractor or his
sureties.
1.08 COMMENCEMENT AND PROSECUTION OF WORK.
Contractor shall commence the work on or before ten (10) calendar days from
and after receipt of written Notice to Proceed from City to Contractor and will
diligently prosecute the work to final completion. The phrase "commence the work"
means to engage in a continuous program on-site including, but not limited to, site
clearance, grading, dredging, land filling and the fabrication, erection, or
installation of the work. Said Notice to Proceed shall be issued following
execution of the Agreement and the filing by Contractor of the required bonds and
proof of insurance. The continuous prosecution of work by Contractor shall be
subject only to Excusable Delays as defined in this Agreement.
1.09 TIME OF COMPLETION.
The entire work shall be brought to completion in the manner provided for in
the Contract Documents on or before the 20th working day (hereinafter called the
Page A - 2
"Completion Date") from and after the receipt by Contractor of the Notice to
Proceed unless extensions of time are granted in accordance with the Contract
Documents.
1.10 PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK.
The payment of any progress payment, or the acceptance thereof by Contractor,
shall not constitute acceptance of the work or any portion thereof and shall in no
way reduce the liability of Contractor to replace unsatisfactory work or material,
though the unsatisfactory character of such work or material may not have been
apparent or detected at the time such payment was made.
1.11 ACCEPTANCE NOT RELEASE.
Contractor shall correct immediately any defective or imperfect work which
may be discovered before final acceptance of the entire work. Any unsatisfactory
materials shall be rejected, notwithstanding that they may have been overlooked by
the proper inspector. The inspection of the work, or any part thereof, shall not
relieve Contractor of any of his obligations to perform satisfactory work as herein
prescribed.
Failure or neglect on the part of the City or any of its authorized agents to
condemn or reject bad or inferior work or materials shall not be construed to imply
an acceptance of such work or materials if such becomes evident at any time prior
to final acceptance of the entire work or all materials, nor shall such failure be
construed as barring City at any subsequent time from recovering damages or of such
a sum of money as may be rquired to build anew all portions of the work in which
fraud was practiced or improper materials used whenever City may discover the same.
1.12 RELEASE UPON FINAL PAYMENT.
If requested to do so by City, at the time of final payment, as a condition
precedent to final payment, Contractor and each assignee under any assignment in
effect at the time of final payment shall ex~cute and deliver a release in form and
substance satisfactory to the City and containing such exceptions as provided in
Section 7100 of the Public Contract Code which shall discharge City, its officers,
agents, and employees of and from all liability, obligations, and claims arising
under this contract.
1.13 CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART.
Without limitation of Paragraph 1.19 whatsoever, the City of Dublin shall
have the right at any time to enter upon the work and perform work not covered by
this Contract, or to occupy and use a portion of the work, prior to the date of the
final acceptance of the work as a whole, without in any way relieving Contractor of
any obligations under this Contract.
Such use or occupation of the work shall not be construed as an acceptance of
any portion of the work under this Contract, nor shall it affect the dates and
times when payments shall become due nor prejudice City's rights, guarantees, or
sureties.
Page A - 3
1.14 NO WAIVER OF REMEDIES.
Neither the inspection by City or its agents, nor any order or certificate
for the payment of money, nor any payment for, nor acceptance of the whole or any
part of the work by City, nor any extensions of time, nor any position taken by
City or its agents shall operate as a waiver of any provision of this Agreemeht or
of any power herein reserved to City or any right to damages herein provided, nor
shall any waiver of any breach of this Agreement be held to be a waiver of any
other or subsequent breach. Ail remedies provided in this Agreement shall be taken
and construed as cumulative; that is, in addition to each and every other remedy
herein provided, and City shall have any and all equitable and legal remedies which
it would in any case have.
1.15 DETERMINATION OF DAMAGES.
The actual fact of the occurrence of damages and the actual amount of the
damages which City would suffer if the work were not completed within the specified
times set forth are dependent upon many circumstances and conditions which could
prevail in various combinations, and from the nature of the project, it is
impracticable and extremely difficult to fix the actual damages. Damages which
City would suffer in the event of delay include loss of the use of the Project, and
in addition expenses of prolonged employment of an architectural and engineering
staff; costs of administration, inspection, and supervision; and the loss suffered
by the public within the City of Dublin by reasons of the delay in the completion
of the project to serve the public at the earliest possible time. Accordingly, the
parties hereto agree, and by execution of this Agreement, Contractor acknowledges
that he understands, has ascertained and agrees, that the amounts set forth herein
as liquidated damages shall be presumed to be the amount of damages sustained by
the failure of Contractor to complete the entire work within the times specified.
1.16 LIQUIDATED DAMAGES.
The amount of the liquidated damages to be paid by Contractor to City for
failure to complete the entire work by the Completion Date (as extended, if
applicable) will be TWO HUNDRED FIFTY DOLLARS ($250.00) for each calendar day,
continuing to the time at which the work is completed. Such amount is the actual
cash value agreed upon as the loss to City resulting from Contractor's default.
1.17 PAYMENT OF DAMAGES.
In the event Contractor shall become liable for liquidated damages, City, in
addition to all other remedies provided by law, shall have the right to withhold
any and all payments which would otherwise be or become due Contractor until the
liability of Contractor under this section is finally determined. City shall have
the right to use and apply such payments, in whole or in part, to reimburse City
for all liquidated damages due or to become due to City. Any remaining balance of
such payments shall be paid to Contractor only after discharge in full of all
liability incurred by Contractor under this section or otherwise. If the sum so
retained by City is not sufficient to discharge all such liabilities of Contractor,
Contractor and his sureties shall continue to remain liable to City until all such
liabilities are satisfied in full. No failure by City to withhold any payment as
Page A - 4
hereinbefore specified shall in any manner be construed to constitute a waiver of
any right to liquidated damages or any right to any such sum.
1.18 INDEMNITY AND HOLD HARMLESS.
Contractor shall assume the defense of, and indemnify and save harmless, the
City, its officers, employees, and agents, and each and every one of them, from and
against all actions, damages, claims, losses or expenses of every type and
description to which they may be subjected or put, by reason of, or resulting from,
the performance of the work, provided that such action, damage, claim, loss, or
expense is attributable to bodily injury, sickness, disease or death, or injury to,
or destruction of property, whether upon or off the work, including the loss of use
thereof, and is caused in whole or in part by any negligent act or omission of the
Contractor, and subcontractor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, whether or not it is
caused in part by a party indemnified hereunder.
1.19 CONTRACTOR SHALL ASSUME RISKS.
Until the completion and final acceptance by City of all work under this
Contract, the work shall be under Contractor's responsibility, care, and charge,
including any period of time work is suspended for any cause whatsoever.
Contractor shall rebuild, repair, restore, and make good all injuries, damages,
re-erections, and repairs occasioned or rendered necessary by accidental causes of
any nature, to all or any portions of the work, except as otherwise agreed. It is
specifically contemplated that the City, its officers, employees, and invitees,
will occupy and use portions of the work prior to final acceptance. Such occupancy
shall not relieve Contractor of responsibility provided herein nor exonerate any
surety or insurer of Contractor save and except for items of routine maintenance
and repair.
1.20 GENERAL LIABILITY OF CONTRACTOR.
Except as otherwise herein expressly agreed, Contractor shall do all the work
and furnish all the labor, materials, tools, power and light, and appliances,
necessary or proper for performing and completing the work herein required in the
manner within the time herein specified. The mention of any specific duty or
liability of Contractor shall not be construed as limitation or restriction of any
general liability or duty of Contractor and, any reference to any specific duty or
liability shall be construed to be for the purpose of explanation.
1.21 FAILURE TO MAINTAIN INSURANCE.
During the term of this Agreement, and until final completion and acceptance
of the work by the City, the Contractor shall maintain in full force and effect
insurance coverage in the forms and amounts specified in the Standard
Specifications. If, at any time during the performance of this Contract,
Contractor fails to maintain any item of required insurance in full force and
effect, Contractor shall immediately discontinue ali work under the Contract and
City will withhold all Contract Payments due or that become due until notice is
received by City that such insurance has been restored in full force and effect and
that the premiums therefor have been paid for a period satisfactory to the City
Page A - 5
Manager.
1.22 EXTENSIONS OF TIME.
In the event City deems it necessary, in its sole discretion, to extend the
time of completion of work to be done under this Contract beyond the required
Completion Date herein specified, such extensions shall in no way release any
guarantee given by Contractor pursuant to the provisions of the Contract Documents,
nor shall such extension of time relieve or release the sureties on the bonds
executed pursuant to said provisions. By executing such bonds, the sureties shall
be deemed to have expressly agreed to any such extension of time. The amount of
time allowed in any extension of time shall be limited to the period of excusable
delay as defined herein giving rise to the same as determined by City Engineer.
1.23 EXCUSABLE DELAYS.
For the purpose of these Contract Documents, the term "Excusable Delays"
shall mean, and is limited to, delays caused directly by acts of God, acts of the
public enemy, fires, riots, insurrections, epidemics, quarantine restrictions,
strikes, lockouts, sitdowns, acts of a governmental agency, priorities or
privileges established for the manufacture, assembly, or allotment of materials
necessary in the work by order, decree, or otherwise of the United States or by any
department, bureau, commission, committee, agent, or administrator of any legally
constituted public authority; changes in the work ordered by City insofar as they
necessarily require additional time in which to complete the work; the prevention
by City of Contractor from commencing or prosecuting the work because of the acts
of others, excepting Contractor's subcontractors; or the prevention of Contractor
from commencing or prosecuting the work because of a city-wide failure of public
utility service.
The term "Excusable Delay" shall specifically not include: (1) any delay
which could have been avoided by the exercise of case, prudence, foresight, and
diligence on the part of Contractor; (2) any delay in the prosecution of parts of
the work, which may in itself be unavoidable but which does not necessarily prevent
or delay the prosecution of other parts of the work, nor the completion of the
whole work within the time specified; (3) any reasonable delay resulting from time
required by City for review of plans and submittals required of Contractor and for
the making of surveys, measurements and inspections; and (4) any delay arising from
an interruption in the prosecution of the work on account of the reasonable
interference from other Contractors employed by City, which does not necessarily
prevent the completion of the work within the time specified. Excusable Delays, if
any, shall operate only to extend the Completion Date (not in excess of the period
of such delay as determined by the City) but shall not under any circumstances
increase the sum City is to pay Contractor as provided in these Contract Documents.
1.24 CONTRACTOR TO SERVE NOTICE OF DELAYS.
Whenever Contractor foresees any delay in the prosecution of the work, and in
any event immediately upon the occurrence of any delay which Contractor regards as
an excusable delay, he shall notify the City Engineer in writing of the probability
of such delay and its cause, in order that the City Engineer may take immediate
steps to prevent if possible the occurrence or continuance of the delay, or if this
Page A - 6
cannot he done, may determine whether the delay is to be considered excusable, how
long it continues, and to what extent the prosecution and completion of the work
are delayed thereby. Said notice shall constitute an application for an extension
of time only if the notice requests such an extension and sets forth Contractor's
estimate of the additional time required together with a full description of the
cause of the delay relied upon.
After the completion of any part or whole of the work, the City Engineer, in
estimating the amount due Contractor, will assume that any and all delays which may
have occurred in its prosecution and completion have been avoidable delays, except
such delays as shall have been called to the attention of the City Engineer at the
time of their occurrence and found by him to have been excusable. Contractor shall
make no claim that any delay not called to the attention of the City Engineer at
the time of its occurrence has been an excusable delay.
1.25 EXTENSION OF TIME - EXCUSABLE DELAY.
Should any delays occur which the City Engineer may consider excusable, as
herein defined, Contractor shall, pursuant to his application, be allowed an
extension of time beyond the time herein set forth proportional to said delay or
delays in which to complete this Contract; and, during an extension which may have
been granted because of an excusable delay or delays, City shall not charge
liquidated damages against Contractor for such delay.
1.26 EXTENSION OF TIME DOES NOT WAIVE CITY'S RIGHTS.
The granting of any extension of time on account of delays which in the
judgment of the City Engineer are excusable delays shall in no way operate as a
waiver on the part of City of its rights under this Contract excepting only the
extension of the Completion Date.
1.27 NO PAYMENT FOR DELAYS.
No damages or compensation of any kind shall be paid to Contractor or any
subcontractor because of delays in the progress of the work whether such delays
qualify for extension of time under this Agreement or not.
Contractor waives ail claims against City, its officials and employees, for
any loss or damage sustained by reason of delays beyond the Completion Date arising
out of modifications of this Agreement, including modifications deemed necessary or
desirable by City for the correction of errors or omissions in the Contract
Documents.
1.28 CHANGES IN THE WORK.
Changes in the work made pursuant to changes issued in accordance with the
Standard Specifications and extensions of time of completion made necessary by
reason thereof (beyond the Completion Date) shall not in any way release any
guarantee given by Contractor pursuant to the provisions of the Contract Documents,
or the Contract let hereunder, nor shall such changes in the work relieve or
release the sureties on bonds executed pursuant to the said provisions. By
executing such bonds, the sureties shall be deemed to have expressly agreed to any
Page A - 7
such change in the work and to any extension of time made by reason thereof.
1.29 TERMINATION AFTER COMPLETION DATE.
In addition to any other rights it may have, City may terminate this Contract
at any time after the Completion Date as adjusted by any extensions of time for
excusable delays that may have been granted. Upon such termination Contractor
shall not be entitled to receive any compensation for services rendered by him
before or after such termination, and he shall be liable to City for liquidated
damages for all periods of time beyond such termination date until the work is
completed.
1.30 CONTRACTOR BANKRUPT.
If Contractor should commence any proceeding under the Bankruptcy Act, or if
Contractor be adjudged a bankrupt, or if Contractor should make any assignment for
the benefit of creditors, or if a receiver should be appointed on account of
Contractor's insolvency, then the City Council may, without prejudice to any other
right or remedy, terminate the Contract and complete the work by giving notice to
Contractor and his surety according to the provisions of Section 1.31.
Contractor's Surety shall have the right to complete the work by commencing thirty
(30) days as specified in Section 1.31; and, in the event Contractor's Surety fails
to commence work within thirty (30) days, City shall have the right to complete, or
cause completion of the work, all as specified in Section 1.31.
1.31 TERMINATION FOR BREACH OF CONTRACT.
If Contractor should abandon the work under this Contract, or if the Contract
or any portion of the Contract should be sublet or assigned without the consent of
the City Council, or if the City Engineer should be of the opinion that the
conditions of the Contract in respect to the rate of progress of the work are not
being fulfilled or any part thereof is unnecessarily delayed, or if Contractor
should wilfully violate or breach, or fail to execute in good faith, any of the
terms or conditions of the Contract, or if Contract should persistently refuse or
fail to supply enough properly skilled labor or materials, or fail to make prompt
payment to subcontractors for material or labor, or persistently disregard laws,
ordinances, or proper instruction or orders of the Engineer, then, notwithstanding
any provision to the contrary herein, the City Council may give Contractor and his
Surety written notification to immediately correct the situation or the Contract
shall be terminated.
In the event that such notice is given, and, in the event such situation is
not corrected, or satisfactory arrangement for correction is not made, within ten
(10) calendar days from the date of such notice, the Contract shall upon expiration
of said ten (10) calendar days cease and terminate. In the event of any such
termination, City shall immediately serve notice therof upon the Surety and
Contractor; and the Surety shall have the right to take over and perform the
Contract, provided, however, that if the Surety does not commence performance
thereof within thirty (30) days from the date of the mailing to such Surety of
notice of termination, City may take over the work and prosecute the same to
completion by Contract, or otherwise, for the account and at the expense of
Contractor, and his Surety shall be liable to City for any excess cost occasioned
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City thereby, as hereinafter set forth.
In the event City completes the work, or causes the work to be completed, as
aforesaid, no payment of any sum shall be made to Contractor until the work is
complete. The cost of completing the work, including but not limited to, extra
contract costs, the costs of City forces, extra costs of administration and
management incurred by City, either direct or indirect, shall be deducted from any
sum then due, or which becomes due, to Contractor from City. If no sum sufficient
to pay the difference between sums due to Contractor from City and the cost of
completing work, and there is a sum remaining due to Contractor after City deducts
the aforementioned costs of completing the work, then City shall thereupon pay such
sum to Contractor and his Surety.
No act by City before the work is finally accepted including, but not limited
to, exercise of other rights under the Contract, actions at law or in equity,
extensions of time, payments, claims of liquidated damages, occupation or
acceptance of any part of the work, waiver of any prior breach of the Contract or
failure to take action pursuant to this section upon the happening of any prior
default or breach by Contractor shall be construed to be a waiver, or to estop,
City from acting pursuant to this paragraph upon any subsequent event, occurrence
or failure by Contractor to fulfill the terms and conditions of the Contract. The
rights of City pursuant to this paragraph are cumulative and in addition to all
other rights of City pursuant to this Agreement and at law or in equity.
IN WITNESS %CHEREOF, the parties hereto have signed this Agreement on the date
set forth opposite their names.
Date:
CONTRACTOR A.S.E. Drilling, Inc.
By
Date:
Title
CITY OF DUBLIN, A Municipal Corporation
ATTEST:
By
Mayor
City Clerk
ORIGINAL APPROVED AS TO FORM
City Attorney
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