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HomeMy WebLinkAboutReso 136-14 Tennis Court Resurface RESOLUTION NO. 136 - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AWARDING CONTRACT NO. 14-08 TENNIS COURT RESURFACING PROJECT TO VINTAGE CONTRACTORS, INC. WHEREAS, the City of Dublin requires construction services to resurface the tennis courts at Emerald Glen Park and Kolb Park; and WHEREAS, the City of Dublin did, on July 29, 2014, publicly open, examine and declare all sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 14-08, which Plans and Specifications 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 reviewed and Vintage Contractors, Inc., submitted the lowest bid which was responsive to the requirements of the bid documents; and WHEREAS, the qualifications of Vintage Contractors, Inc. are appropriate for the work proposed. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby award Contract No. 14-08, to the lowest responsible bidder therefor, to wit, Vintage Contractors, Inc., at a base bid of two hundred sixteen thousand four hundred ninety-five dollars even ($216,495) and Alternate #3 at eleven thousand two-hundred dollars even ($11,200) the particulars of which bid are on file in the office of the City Engineer. BE IT FURTHER RESOLVED, the City Council of the City of Dublin hereby authorizes the City Manager to execute the Agreement, attached as Exhibit A. PASSED, APPROVED AND ADOPTED this 19th day of August, 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None 01— /11kAit' Mayor ATTEST7) (A4.0 City Clerk Reso No.136-14,Adopted 8-19-14, Item 4.6 Page 1 of 1 EXHIBIT A CITY OF DUBLIN City Hall, 100 Civic Plaza Dublin, California 94568 AGREEMENT The City of Dublin, ("City")enters into this agreement, dated for reference purposes only, with Vintage Contractors("Contractor"). BACKGROUND 1. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by Tuesday, July 29th 2014 at 11:00 a.m. for the Kolb Park& Emerald Glen Park Tennis Court, Resurfacing project by published notice and/or posting in accordance with California Public Contract Code Section 20164 and other applicable law. 2. BID OPENING. On Tuesday, July 29th, 2014 at 11:00 a.m. City representatives opened the bids for the Kolb Park& Emerald Glen Park Tennis Court Resurfacing project and read the bids aloud. 3. PROJECT AWARD. On August 19. 2014, the City Council awarded the Kolb Park& Emerald Glen Park Tennis Court Resurfacing 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) calendar days of receiving written notice of award of the project. 4. REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents specified in the contract checklist included in the bid package within ten (10) calendar 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 Kolb Park& Emerald Glen Park Tennis Court Resurfacing 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 locations: Kolb Park at 8020 Bristol Road, Dublin, CA 94568 Emerald Glen Park at 4201 Central Parkway, Dublin, CA 94568 3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within ninety (90) consecutive calendar days from the date specified in the City's Notice to Proceed ("Time for Completion"). 4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents within 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 shall 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 in accordance with California Government Code Section 53069.85 and the Contract Documents, 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 $227.695.00 (Two hundred twenty-seven thousand and six hundred ninety-five dollars) (the "Contract Price")as specified in the Contractor's completed Bid Schedule dated July 29, 2014, 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 AND APPRENTICESHIP. In accordance with California Labor Code Section 1771, 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. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. In accordance with California Labor Code Section 1773, 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. In accordance with California Labor Code Section 1773.2, 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 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 Conditions and change orders and other amendments to the General Conditions signed by authorized representatives of the City and the Contractor. 7.3 The Technical Specifications, addenda to the Technical Specifications 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 Cover Page and Bid Schedule 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 completed Workers Compensation Insurance Certification 7.11 The successful bidder's completed Non-collusion Dedaration 7.12 The successful bidder's completed Debarment Certification 7.13 The successful bidder's completed Certificates of Insurance and Endorsements 1 7.14 The successful bidder's executed Performance Bond 7.15 The successful bidder's executed Payment Bond 7.16 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract 7.17 The successful bidder's Qualification Statement 7.18 The successful bidder's signed Signature Form 8. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent or meaning of any provision of the Contract Documents, including, but not limited to, the i Technical Specifications or Project Plans, must be submitted to the Project Manager for issuance of an interpretation and/or decision by the authorized City 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. 9. 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 right or interest of the Contractor under this agreement, or delegate any obligation or duty of the 1 Contractor under this agreement without the prior written approval of an official 1 1 A S 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. 10. CERTIFICATION RE CONTRACTOR'S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Type A or C-12 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. 11. AUTHORIZATION TO EXECUTE AGREEMENT. If the Contractor is a corporation, a certified copy of the by laws authorizing the official signing below to execute this agreement and the bonds required pursuant to this agreement on behalf of the corporation must be annexed to and is hereby made a part of this agreement. An attested copy of the resolution or other authorization of the City Council authorizing execution of this agreement on behalf of the City is annexed to and is hereby made a part of this agreement. 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. Executed on , by CONTRACTOR CITY OF DUBLIN By: By: Title: City Manager Attest: By: City Clerk Approved as to Form: By: City Attorney 2050910.1