HomeMy WebLinkAbout4.06 Abate 7957 Crossridge CITY CLERK FILE # 600-30 & 440-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 17, 2000
SUBJECT:
Award of Contract for the Abatement Work at 7957 Crossridge
Road
(Report Prepared by: Regina Adams, Code Enforcement Officer)
ATTACHMENTS:
RECOMMENDATION:
Resolution Awarding the Contract for the Abatement Work,
includes the contract agreement with the Certificate of
Insurance and the Scope of Work with Approved Plans.
Budget Change Form
Adopt Resolution awarding the Contract to Patrick
Donaghue.
Authorize the Mayor to Execute the Contract.
Approve the Budget Change Form.
FINANCIAL STATEMENT:
The low bid for this work is $63,400. A 10% contingency and
estimated legal and staff costs of $10,000, would necessitate a total
budget change in the amount of $79,740.
DESCRIPTION:
On September 19, 2000, the City Council adopted Resolution Number 171-00 ordered staff to proceed
with the abatement of 7957 Crossridge Road. On October 3, 2000, the City Council adopted Resolution
Number 176-00 waiving the competitive bid process and authorizing staff to solicit bids and negotiate
with contractors to demolish the unsafe addition and restore the residence to a habitable condition.
Under authority from the City Council, staff has prepared the scope of work and approved plans and
solicited bids from contractors. Staff completed negotiations and reference checks by the bid' s October
12, 2000 closing date.
The following contractors have submitted bids that fully comply with the City' S time frame for
completing the Scope of Work (Exhibit B):
1) Patrick Donaghue, License #378320
2) Mark Robert Harris, License #703740
3) Scott Lewis, Carrera Construction, License #713246
COPIES TO:
In-House Distribution
ITEM NO.
The City Manager and Building Official recommend that the Council accept the bid of Patrick Donaghue
to perform the work described in Exhibit B for $63,400, because Mr. Donaghue was the lowest
responsible bid.
In the event the scope of work changes, staff is requesting that the Building Official have the authorization
to expend an amount not to exceed 10% of the contract value for necessary changes in the scope of work.
A 10% contingency fund would prevent delays in completing the project. It is also anticipated that
approximately $10,000 in City Attorney and staff costs would be expended in administering the
· abatement.
CONCLUSION:
Upon review of the submitted bids,' staff recommends that the City Ccluncil: 1 ) award the contract for
· demolishing the dangerous and substandard addition and restoring the residence to a hhbitable condition
to .Patrick Donaghue based on his bid amount of $63,400; and 2) authorize the Mayor to execute the
attached contract (Exhibit A); and 3) Approve the Budget Change Form.
g:\housing\implementation program\CC Staff Report for Consultant Selection
RESOLUTION NO. -00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SELECTION OF CONTRACTOR FOR ABATEMENT WORK TO BE PERFORMED AT
7957 CROSSRIDGE ROAD
WHEREAS, the Dublin City Council Resolution Number 171-00 affirms the Chief Building
Official' s determination that the single family residence located at 7957 Crossridge Road is substandard
and dangerous, declares the structure a public nuisance, and authorizes Staff to proceed with Abatement
for 7957 Crossridge Road; and
WHEREAS, the Dublin City Council Resolution Number 176-00 waived the requirement for a
competitive bid process and authorized the Chief Building Official to solicit and negotiate an agreement
with a California Licensed General Contractor to demolish the partially completed addition and restore the
residence to its original condition; and
WHEREAS, the scope of work for completing the Abatement, which is set out in detail in the
contract, includes: 1) Demolition of a partially constructed two-story framed addition of approximately
537 square feet: removal of the partial roof framing and. sheathing, removal of sheared walls at the upper
and lower stories, .remov. al of the second floor framing and sub-floor, removal of interior framing for
nonbearing walls and removal of the addition slab-on-grade concrete foundation, 2) Removal and
replacement of any "original" structural and nonstructural building components that might have been
damaged as a result of the construction work or lack of weather protection of the structure: items such as
warped, twisted and cut framing members and weather exposed electrical components may require
removal and replacement, 3) Compliance with all building codes and local ordinances for items outside of
the physical limits of the addition that are necessary to: a minimum three -foot wide continuous walkway
shall be provided to the front entry door, the wiring for the lighted address must be reconnected, the sewer
clean out located in the front shall be dropped to grade, the front hose bib shall be'relocated to its original
position and supported, and metal strapping shall be provided to tie the house to the garage, 4) Restoration
of the residence to its "original" condition prior to the addition project (started under Building Permit
Number 97-997): rebuilding the second bedroom over the garage, rebuilding the roof area over the from
of the residence, rebuilding the roof area over the front entry (including replacing the front entry brick
column), residing the house to match its original architectural appearance, and restoring the house to its
original size (approximately 1980 square foot) and configuration, and 5) Conformance to all applicable
and current codes and ordinances under the corresponding building permit for the Abatement work.
WHEREAS, the scope of work for completing the Abatement, which is set out in detail in the
contract, does not include: 1) Planting or landscaping (the site will be left graded level), 2) Removal or
replacement of the "existing" three-foot wide front walkway at the front entry, 3) Replacement of the
aggregate finish walkway for portions of the walkway that will be replaced or repaired, 4) Interior
painting, carpeting or finish work. (The interior gypsum walls and ceilings in both the rebuilt second story
bedroom over the garage and within the first story garage will be taped, topped and textured but not
painted.), 5) Window treatments and bedroom closet doors, 6) Framing that was added or altered as part
of the addition work and does not alter the building configuration or reduce the building integrity, and
ATTACHMENT 1
7) Original architectural materials that are not available (The contractor will only be expected to use
similar materials and components that are readily available.)
WHEREAS, the Council finds that Patrick Donaghue is the lowest responsible bidder.
WHEREAS, the City Manager and Building Official recommended accepting Patrick Donaghue's
bid as the lowest responsive bid.
WHEREAS, the selected contractor is licensed by the State of California and is able to perform the
scope of work within the time frame and under the estimated cost, specified in the contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
award the 7957 Crossridge Road Abatement contract to the lowest responsible bidder, Patrick Donaghue,
with costs not to exceed Sixty-Three Thousand Four Hundred Dollars ($63,400).
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the
contract in substantially the form attached hereto and establish a contingency fund equal to 10% of the
contract amount, to be administered by the Building Official.
PASSED, APPROVED AND ADOPTED this 17th day of October, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
h:\building\cc reso awarding contractor contract
ATTACHMENT 1
CITY OF DUBLIN CONTRACT AGREEMENT
THIS AGREEMENT, dated October 17, 2000, between the CITY OF DUBLIN, a
Municipal Corporation (hereinafter called "CITY"), and Patrick Donahue, Donahue General
Contractor (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 all 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," consists 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, and .Technical
Specifications, Details, and other such data detailed in the Scope of Work and Approved
Plans prepared by City pursuant to this 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.
Unless 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 and workmanlike
manner to the satisfaction of the City, all the work called for, and in the manner designated
in, and in strict conformity with the Contract Documents for the project entitled: 7957
Crossridge Road Abatement.
Exhibit A
1.05 CONTRACT AMOUNT AND PAYMENTS.
City agrees to pay, and Contractor agrees to accept, in full payment for the above
work, the sum not to exceed of SIXTY-THREE THOUSAND FOUR-HUNDRED DOLLARS
AND NO CENTS ($63,400), 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 based on completion of work and as reviewed and approved by the City
Building Official. ,
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.
The Contractor shall begin work within five (5) days after approval of the contract by
the City Council of the City of Dublin and shall diligently prosecute the same to completion
before the expiration of 50 WORKING DAYS after the date of Notice to Proceed. 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.
All safety issues shall be abated by December 20, 2000, to allow the owner to
reoccupy the areas of the residence not under construction. The entire work shall be brought
to completion in the manner provided for in the Contract Documents on or before the fifty-fifth
(55th) working day (hereinafter called the ("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.
A-2
Exhibit A
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 required 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 execute 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
PARTL
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 right, guarantees, or sureties.
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 Agreement or of any power herein reserved to City or any
Exhibit A
A-3
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. All 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 One-
Hundred and Fifty Dollars ($150) 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 here-in-before 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,
Exhibit A
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 all 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 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.
Exhibit A
A-5
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 cannot be 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 Cbntractor, 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.
Exhibit A
A-6
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 dam'ages 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 all 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 o~ 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 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,
Exhibit A
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 willfully violate or breach, or fail to execute in good faith, any
of the terms or conditions of the Contract, or if Contractor 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 thereof 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 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 and the
cost of completing the 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.
Exhibit A
A-8
1.32 RESOLUTION .OF CONSTRUCTION CLAIMS
1. For any claim of $375,000 or less which arises between the Contractor and
the City, the following procedure shall apply:
(a)
The claim shall be in writing and include the documents necessary to
'substantiate the claim. Claims must be filed on or before the date of final
payment. Nothing in this subdivision is intended to extend the time limit or
supersede notice requirements otherwise provided by contract for the filing
of claims.
(b)
For claims of less than $50,000 the City shall respond' in writing to
the written-claim within 45 days of receipt, or may request, in writing,
within 30 days of receipt, any additional documentation supporting
the claim or relating to defenses for claims the City may have
against the Contractor.
(2)
If additional information is required, it shall be requested and
provided pursuant to the subdivision upon mutual agreement of the
City and the Contractor (hereafter "claimant").
(3)
The City's written response to the claim, as further documented shall
be submitted to the claimant within 15 days after receipt of the
further documentation or within a period of time no greater than that
taken by the claimant in producing additional information, whichever
is greater.
(C)
(1)
For claims over $50,000 and less than or equal to $375,000 the City
shall respond in writing to all written claims within 60 days of receipt,
or may request, in writing, within 30 days of receipt, any additional
documentation supporting the claim or relating to defenses of claims
the City may have against the claimant.
(2)
if additional information is thereafter required, it shall be requested
and provided pursuant to the subdivision upon mutual agreement of
the City and the claimant.
(3)
The City's written response to the claim, as further documented,
shall be submitted to the claimant within 30 days after receipt of the
further documentation, or within a period of time no greater than that
taken by the claimant in producing additional information or
requested documentation, which is greater.
(d)
If the claimant disputes the City's written response, or the City fails to
respond within the time described, the claimant may so notify the City in
writing, either within 15 days of receipt of the City's response or within 15
days of the City's failure to respond within the time prescribed, respectively,
and demand an informal conference to meet and confer for settlement of the
issues in dispute. Upon a demand, the City shall schedule a meet and
confer conference within 30 days for settlement of a dispute.
Exhibit A
A-9
-(e)
If following the meet and confer conference the claim or any portion remains
in dispute, the claimants may file a claim' pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of Part 3 of Division 3.6 of Title I of the Government Code. For
purposes of those provisions, the running of the period of time within which a
claim must be filed shall be tolled from the time the claimant submits his or
her written claim pursuant to subdivision (a) until the time the claim is denied,
including any period of time utilized by the meet and confer conference.
2. For any civil action filed to resolve a claim of $375,000 or less which arises
between Contractor "claimant") and City, the following procedures are established:
(a)
Within 60 days, but no earlier than 30 days, following the filing of responsive
pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties. Mediation process shall provide
for the selection within 15 days by both parties of a disinterested third person
as mediator, shall be commenced within 30 days of the submittal, and shall
be concluded within 15 days from the commencement of the mediation
unless a time requirement is extended upon a good cause showing to the
court.
(b)
(1)
If the matter remains in dispute the case shall be submitted to
judicial arbitration. The Civil Discovery Act of 1986. shall apply to
any proceeding brought under this subdivision consistent with the
rules pertaining to judicial arbitration.
(2)
Arbitrators shall, when possible, be experienced in construction law,
and any party appealing an arbitration award who does not obtain a
more favorable judgment shall, in addition to payment of costs and
fees, also pay the attorneys fees on appeal of the other party.
(3)
The City shall pay interest at the legal rate on any arbitration award
or judgment. The interest shall begin to accrue on the date the suit
is filed in a court of law.
3o The procedures set forth above shall have no effect on the City's obligation
to pay money as to any portion of the claim which is undisputed except as otherwise
provided in the contract.
A-IO
Exhibit A
42 , FAX 707 746 6416 PATRICK II DONAGHUE
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date
set forth opposite their names.
Date: ~¢O ( ta,/c)~ ~ON
+' ~ PATRICK
By_
CITY OF DUBLIN,
A Municipal Corporation
Mayor
OR(GINAL APP.ROVED AS TO. FORM;
Date:
ATTEST:
city cwerk
~ity Attorney
0CT-1~-~000 10:~t~RH TEL)707 746 ~41~ ID)CITY OF DUBLIN PRGE:003 R=88~
~i,}ARAN'I'Y
To the CiTY Of DUBLIN, FOR CONTRACT AGREEMENT TO ABATE AND RESTORE THE
P, ESIDENCF_ LOCATED AT 7957 CROSSRIDGE ROAD, DubLin, California, the undersigned
guarantees.the construction and installation of the wo~ included in this project.
Should any of the work prove defe~tive, due to faulty.workmanship. ,materials furnished or
methods of installation, or should the work or any part thereof fail to operate properly as
originally intended and in aocordance with the plans and specffications, due to any of the
above causes, .ail within one year after date on whi;h this Bentract is aeoepted-by the City or.
after relief fror~ maintenanoe, Whichever, the undersigned agrees to reimburse the CIty, upon
demand, far its expenses incurred in restoring said project, including the cost 'of any such
equipment or materials raploBed and repair said work completely wtthout cost to the City so
that said work will function successfully as originally contemplated.
The City shoT[ have the unqualified option to make any needed replacements or repairs done
by the undersigned. In the event. the City elects to have said work performed by the
undersigned, the undersigned agrees that the repairs shall be made and such materiots as
are necessary shall be furnished and installed within a reasonable time aftgr the receipt of
demand from the City, If the undersigned shell fail or refuse to comply with his obtigations
under this guaranty, the City,shall be entitled to all costs and expenses, fnduding a~omey's
fees.
ign'~-~ of Bidtier
.1~oo4/o04
0CT-1~-8000 1B:'qARM TEL)TO7 746 6416 ID)CITY OF DUBLIN PRGE:004 R=gB~
CERTIFICATION OF INSURANCE
Issued to the City of Dublin
WHEREAS, Patrick Donaghue, General Contractor, has been awarded a contract with the
City of Dublin as follows:
Contract Agreement, dated October 17, 2000, entitled 7957 Crossridge Road Abatement
and
WHEREAS, under said contract, Contractor is required to maintain in force during the term of
such contract or permit a policy or policies of insurance insuring the Contract and the City of
Dublin, its officers, agents, and employees as ADDITIONAL INSURED against loss or liability
which may arise from any of the work performed or required under such contract; and in
addition thereto, Workers' CompensatiOn Insurance.
NOW, THEREFORE, the undersigned insurance company does hereby certify through its
duly authorized representative that it has issued the policy or policies described below, that
the same are in force at this time and that the following provisions, among others, are
included in policy or endorsements thereto:
1. The names of the persons or firms insured under such policy or policies are:
and in addition thereto, the City of Dublin, its officers, and employees, but only as to work
performed or required under such contract or permit and except as to any Workers'
Compensation Insurance. Said coverage as to the City of Dublin, etc., shall be primary
coverage, any other insurance carried by the City being excess only.
2. The policies in force with specifications and limits of liability of not less than these
specified below are as follows:
A-13
Exhibit A
Coverage for Which
Insurance is Afforded
Limits of
Liability
Policy No.*
Policy No.**
Workers" Compensation &
Employer's Liability
Compensation
Statutory
Bodily Injury Liability
except automobile
$500,000
eachpemon
$1,000,000
ea. occursrice
Property Damage
Liability
$100,000 each
occu rre nce
The liability policy shall be on a comprehensive form, including but not limited to Broad Form
Property Damage, Owners and Contractors Protective Liability, Blanket Contractual Liability,
and "XCU Hazards" exclusions shall not apply. AUTOS shall include all auto exposure
whether owned or non-owned, hired, rented, or leased.
* Policy is effective and expires at 12:01 a.m. Standard Time at the address of the named
insured as stated herein.
** Absence of an entry in these spaces means that insurance is not afforded with respect to
the coverages opposite thereto.
3. 'Where the work performed involves the use of mechanical equipment for the purpose of
grading of land, excavating, paving or drilling, the policy includes coverage for liability of the
insured for injury to or destruction of wires, conduits, pipes, mains, sewers, or other similar
property, or any apparatus in connection therewith, below the surface of the ground, whether
owned by third parties or the City of Dublin.
4, The policy includes a "Severability of Interest" provision.
5. If such policies are cancelled or changed during the period of coverage as stated herein in
such a manner as to affect this Certificate, thirty (30) days written notice will be mailed to the
said City of Dublin.
6. It is agreed that the Contractual insurance liability coverage does not apply to Bodily
Injury or Property Damage to the extent such insurance is afforded by the policy to the
indemnity as an additional insured.
7. The coverage afforded under the above policies is subject to all the terms of the policies
designated herein and meets all the provisions called for herein, ALL EXCEPTIONS MUST
BE NOTED BELOW:
A- 14
Exhibit A
/
In executing this certificate, representative certified that he has authority to do so for the
Company.
Dated: ,19__
Company
BY:
Authorized Representative
APPROVED AS TO FORM:
Address
City Attorney City
City of Dublin
Telephone Number
A-15
Exhibit A
PROPOSED SCOPE OF WORK AT 7957 CROSSRIDGE ROAD
The s~c~pe of work. invo!ve~ demolishing a p.ania!ly constructed addition and restoring the residence to its
original condition. The major items of work include:
1 ) Demolition of a partially constructed two-story framed addition of approximately 537 square feet.
The demolition would include removal of the partial roof framing and sheathing, removal of
sheared walls at the upper and lower stories, removal of the second floor fr.aming and sub-floor,
removal of interior framing for nonbearing walls and removal of the addition slab-on-grade
concrete foundation.
2) The scope of work would also' include removal and replacement of any 'kyriginal" structural and
nonstructural building components that might have been damaged as a result of the construction
work or lack of weather protection of the .structure. Items such as warped, twisted and cut framing
.members and weather exposed electrical components may require removal and replacement. Also,
' wall and, ceiling insulation and gypsum board may require evaluation, removal and replacement.
3) The scope of work would also include items outside, of the physical limits 0fthe addition that are
necessary to comply with all.building Codes and local ordinances. For example, a minimum three
-foot wide continuous walkway shall be provided to the front entry door. The wiring for the
lighted address must be.reconnected. The sewer clean out located in the front shall be dropped to
grade. The front hose bib shall be relocated to its original position and supported. Metal strapping
shall be provided to tie'the house to the garage.
4) The residence shall be restored to its '~original" condition prior to the addition project (started
under Building Permit Number 97-997). The major items of work will include rebuilding the
second bedroom over the garage, rebuilding the roof area over the front of the residence,
rebuilding the roof area over the front entry (including replacing the front entry brick colunto) and
residing the house to match its Original architectural appearance. The house will be restored to its
original size (approximately 1980 square foot) and configuration.
5) Finally, all work will be done under a new building permit and shall conform to the all applicable
and current codes and ordinances.
The scope of work will include 'all items to restore the residence to its "original" condition except the
following items:
1)
2)
3)
4)
The site will be left graded level but not planted or landscaped.
The "existing" three-foot wide front walkway shall be left in place. The contractor will not be
responsible for matching the finish on the walkway that will be replaced between the aggregate
finish walkway and the from entry.
The work will not include interior painting, carpeting or finish work. The interior gypsum walls
and ceilings in both the rebuilt 'second story bedroom over the garage and within the first story ·
garage will be taped, topped and textured but not painted.
Window treatments and bedroom closet doors will not be part of this work.
JOB'SITE COPY
EXHIBIT B
6)
Framing that was added or altered as part of the addition work and does not alter the building
configuration or reduce the building integrity will not be required to be removed. For example,
the double rim boards added above the garage wall and the additional floor/ceiling framing above
the existing garage could be left in place by the contractor.
Although the contractor will be asked to restore the house to its original architectural style, similar
to the residence 'at 7920 Crossridge Road, the contractor will not be held'to matching the
architectural materials exactly. The contractor will only be expected to use similar materials and
components that are readily available.
APPROVED
CIT~ OF DUBLIN
BUILDING iNSPECTION DEPARTMENT
CONSTRUCTION SHALL NOT ~)E CHANGED FROM WHAT IS SHOWN
ON THIS PLAN UNLESS .AUTHORIZED ~tY THE BUI[DtNG OFFICIAL:
THI~ PLAN SHALL IE KEPT AT THE BUILDING $~TE FOR USE 8Y THE
BUILDING INSPECTOR. DO NOT MARK OF ALTER,
Tiffs APPROVAL SHALL NOT BE INTERPRETED TO E AN AIPPROVAL
TO VfOLATE ANY PROVISIONS OF THE CiTY OF DUBt. tN BUILO~NG
ht
,Z
·
1~' n
/
,./
-r ,
~/~c-~T A-~r.
CITY OF DUBLIN
BUDGET CHANGE FORM
New Appropriations (City Council Approval ReqUired):
From Unappropriated Reserve~
(If Other than General Fund, Fund No -
X From New Revenues
': DECRE. ASi~ BUDGET ACCOi)NT.. ';~;
Budget Transfers:
CHANGE FORM #
From Budgeted Contingent Reserve ( 1080-799.000)
Within Same Deparlment Activity
Between Departments (City Council Approval Required)
Other
,. ,~MOuNT ::~ 7 7.i~'CRE,.'i. SE BUDGET:ACCO ui;r T~' .!;
Name: General Fund - Crossridge Road $69,740
Project - Improvements
Account #:
Name:
Account #: 001.93100.750.050
Name: General Fund - Crossridge Road Project
- Salaries
$2,500
Account #:
Name:
Account #: 001-93100-701-001
Name: General Fund - Crossridge Road Project
- Contract Services (City Attorney)
$6,500
Account #:
Name:
Account #: 001-93100-740-000
Name: General Fund - Crossridge Road
Project- Filing Fees
$1,000
Account #: Account #: 001-93100-730-000
Name: Name:
Account #: Account #:
City Manager: Date:
Signature
ASD/Fin Mgr ,2~~ ~ Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: To increase the General Fund budget for costs to be incurred
for the Crossridge Road abatement housing project. A lien will be established against the owner's property
for all costs incurred on this project and the City will record a long term receivable (offset by deferred
revenue) in the General Fund for the full amount due to the City.
Mayor: Date:
Signature
Posted By: Date:
G:kPINANCEIFREDFIrORDlbudget change crossridge. doc
Signature