HomeMy WebLinkAboutReso 06-05 EmrldGlenBckstpRenov
RESOLUTION NO. 06 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * *
A W ARDlNG CONTRACT NO. 04- 15
EMERALD GLEN BACKSTOP RENOVATION
TO GOLDEN BA YFENCE PLUS IRON WORKS INCORPORATED
WHEREAS, the City of Dublin did, on January II, 2005, publicly open, examine and declare all
sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 04-15,
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 submitted to the City Engineer, who has reviewed the bids to
determine the lowest bid which was responsive to the requirements of the bid documents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby award Contract No. 04~ 15 to the lowest responsible bidder therefor, to wit, Golden Bay Fence Plus
Iron Works, Incorporated, at a bid of eighty-eight thousand eight hundred and thirteen dollars ($88,813)
the particulars of which bid are on file in the office of the City Engineer.
PASSED, APPROVED AND ADOPTED, this 18'" day of January, 2005.
AYES:
Co unci 1 members Hildenbrand, McCormick and Oravetz, and Mayor Pro Tern Zika.
NOES:
None
ABSENT:
Mayor Lockhart
ABSTAiN: None
Æ"ð't, P ?~
-- Mayor Pro ;jÞf
A)fEST:
.:-\p'UI-M-u ~
Deputy City Clerk
G,\CC.MTOS\200~.qtrl\J...\Ol.18-o5\reso.EGP bacbtop.doc (Item 4.4)
AGREEMENT
EMERALD GLEN PARK BACKSTOP RENOVATION
CITY OF DUBLIN CONTRACT NO. 04-15
THIS AGREEMENT, dated for identification as of January 18, 2005 between the CITY
OF DUBLIN, a Municipal Corporation (hereinafter called "CITY"), and Golden Bay Fence Plus
Iron Works, Incorporated (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 anyone 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, 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.
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
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manner tothe 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: Emerald Glen
Park Backstop Renovation.
1.05 CONTRACT AMOUNT AND PAYMENTS.
City agrees to pay, and Contractor agrees to accept, in full payment for the above work,
the sum of eighty-eight thousand, eight hundred and thirteen dollars even ($88,813), 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.
1.06 PREVAILING WAGES. 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.
1.07 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.
1.08 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.
1.09 COMMENCEMENT AND PROSECUTION OF WORK.
The Contractor shall begin work within SEVEN (7) calendar days of the date of the
Notice to Proceed and shall diligently prosecute the same to completion before the expiration of
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FIFTY (50) CALENDAR 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.
1.10 TIME OF COMPLETION,
The entire work shall be brought to completion in the manner provided for in the
Contract Documents on or before the Fiftieth (50th) calendar 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.
1.11 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.
1.12 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.
1.13 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 liabiiity, obligations, and
claims arising under this contract.
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1.14 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 qontractor 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.
1.15 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 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,
1.16 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 eariiest 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 iiquidated 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.
1.17 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 Four
Hundred Dollars ($400.00) for each calendar day up until April 1, 2005. Beginning on April 2,
2005 the amount of liquidated damages will increase to Eight Hundred Dollars ($800.00) for
each calendar day up until 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.
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1.18 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 hereinbefore specified shall in any manner be construed to constitute a waiver
of any right to iiquidated damages or any right to any such sum.
1.19 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
indernnified hereunder.
1.20 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.
1.21 GENERAL LIABILITY OF CONTRACTOR.
Except as otherwise herein expressly agreed, Contractor shall do all the work and
furnish ail 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
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specific duty or liability shall be construed to be for the purpose of explanation.
1.22 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.
1.23 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.
1.24 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
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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.
1.25 WEATHER DELAYS
Extensions of the Time for Completion will not be allowed for weather conditions that
are consistent with the following table of anticipated rain days based on historical weather data
of the National Oceanographic and Atmospheric Administration of the U.S. Department of
Commerce for the record station that is nearest or most applicable to the Work site. Extensions
of the Time for Completion for delays due to adverse weather will be allowed only if the number
of rain days exceeds those listed in the following table and the Contractor can verify to the City's
reasonable satisfaction that such adverse weather caused actual delay in the timely completion
of the Work. No extensions of the Time for Completion will be granted for rain days in addition
to those listed in the following table that merely result in delays that do not or would not,
themselves, result in failure to complete the Work by the Time for Completion. Anticipated rain
days are as follows: January, [11]; February, [10]; March, [10]; April, [6]; May, [3]; June, [1];
July, [0]; August, [0]; September, [1]; October, [4]; November, [7]; December, [10].
1.26 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 deiay 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 deiays which may have occurred in its
prosecution and completion have been avoidable delays, excèpt 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 atthe time of its occurrence has been an excusable delay.
1.27 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,
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1.28 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.
1.29 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 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.
1.30 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) shail 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 such change in the work and to any extension of time made by reason
thereof.
1.31 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.
1.32 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
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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.
1.33 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 imrnediately 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.
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1.34 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 rnust 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)
(1 )
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
Page 10
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.
(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.
3. 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date
set forth opposite their names.
Page 11
Date:
Date:
ATTEST:
-A""~~I ~
CONTRACTOR:
By
Title
CITY OF DUBLIN,
A Municipal Corporation
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By ,~1'., _.,,~
< J M'ayor~ ro Te.rn
ORIGINAL APPROVED AS TO FORM:
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City Attorney
Page 12