HomeMy WebLinkAboutReso 15-05 PoliceVentilationSys
RESOLUTION NO. 15 ~ 05
A RESOLUTION OF THE CITY COUNClL
OF THE CITY OF DUBLIN
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A W ARDTNG CONTRACT 04-14
POLICE EVIDENCE VENTILATION SYSTEM
TO CAl.-NEVA ENVIRONMENTAL SYSTEMS
WHEREAS, the City of Dublin did, on February 2, 2005, publicly open, examine, and declare all
sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for
Contract 04-14, Police Evidence Ventilation System, authorized by the City Council on December 7,2004,
which Plans, Specifications, and Modifications are hereby expressly referred to for a description of said
work and for all particulars relative to the proceedings under the request for bids; and
WHEREAS, said bids were submitted to the Public Works Director, who has recommended that
the bid hereinafter mentioned is the lowest and best bid for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby award City of Dublin Contract 04-14, Police Evidence Ventilation System, to the lowest
responsible bidder therefor, to wit, Cal-Neva Environmental Systems, with a bid of Fifty Six Thousand,
One Hundred Fifty Dollars and No Cents ($56,150), the particulars of which bid are on file in the Office of
the Public Works Director.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached
hereto as Exhibit A.
PASSED, APPROVED AND ADOPTED this 15th day of February, 2005
AYES: Co unci I members Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart,
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Mayor
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~~~
Deputy City Clerk
C;: \CC-MTGS\2005-qtr llFeb\02-15"05\reso /5-05 awrd PD vent,doc (Item 4.2)
AGREEMENT
POLICE EVIDENCE HVAC PROJECT
CITY OF DUBLIN CONTRACT NO. 04-14
THIS AGREEMENT, dated for identification as of February 15, 2005, between the CITY OF
DUBLIN, a Municipal Corporation (hereinafter called "CITY"), and Cal-Neva Environmental Svstems,
(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 manner to
the satisfaction of the City, all the work cailed for, and in the manner designated in, and in strict
conformity with the Contract Documents for the project entitled: POLICE EVIDENCE HVAC PROJECT.
Page A-1
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 Fifty Six Thousand One Hundred Fifty Dollars ($56,150), 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 Biddens, Instructions to
Bidders, or Proposal Form that Contractor is to be paid on the basis of the unit prices shown in his bid,
instead of a lump sum price, the Contractor agrees to accept, in full payment for the above work, the
sum computed in accordance with the actual amount of each item of work performed or material
furnished, at the unit price which Contractor bid for each such item in his Proposal Form, said unit price
to be determined as provided in the Standard Specifications and Special Provisions.
1.06 PROGRESS AND FINAL PAYMENTS.
Subject to the terms and conditions of the Contract Documents, City shall cause payments to
be made upon demand of Contractor in the manner set forth in the Standard Specifications.
1.07 RETENTION OF SUMS CHARGED AGAINST CONTRACTOR.
When, under the provisions of this Contract, City shall charge any sum of money against
Contractor, City shall deduct and retain the amount of such charge from the amount of the next
succeeding progress estimate, or from any other moneys due or that may become due Contractor from
City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's
charges against him, City shall have the right to recover the balance from Contractor or his sureties.
1.08 COMMENCEMENT AND PROSECUTION OF WORK.
The Contractor shall begin work within TEN (10) working days of the date of the Notice to
Proceed and shall diligently prosecute the same to completion before the expiration of THIRTY (ð9) lf5
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. "f 5 t.0<1'/"\c;....l ð,""-t . I(.v.-<
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1.09
TIME OF COMPLETION.
The entire work shall be brought tp¡.,E.Ompletion in the manner provided for in the Contract
Documents on or before the ThirtiElth {3BitJ 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.
1" 1 0 PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payrnent, or the acceptance thereof by Contractor, shall not
constitute acœptance of the work or any portion thereof and shall in no way reduœ 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.
Page A-2
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 PART.
Without limitation of Paragraph 1.19 whatsoever, the City of Dublin shall have the right at any
time to enter upon the work and perform work not covered by this Contract, or to occupy and use a
portion of the work, prior to the date of the final acceptance of the work as a whole, without in any way
relieving Contractor of any obligations under this Contract.
Such use or occupation of the work shall not be construed as an acceptance of any portion of
the work under this Contract, nor shall it affect the dates and times when payments shall become due
nor prejudice City's 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 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.
Page A-3
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 prevaii in various combinations, and from the nature of
the project, it is impracticable and extremely difficult to fix the actual damages. Darnages which City
would suffer in the event of delay include loss of the use of the Project, and in addition expenses of
prolonged employment of an architectural and engineering staff; costs of administration, inspection, and
supervision; and the loss suffered by the public within the City of Dublin by reasons of the delay in the
completion of the project to serve the public at the earliest possible time. Accordingly, the parties hereto
agree, and by execution of this Agreement, Contractor acknowledges that he understands, has
ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to
be the amount of damages sustained by the failure of Contractor to complete the entire work within the
times specified.
1.16 LIQUIDATED DAMAGES.
The amount of the liquidated damages to be paid by Contractor to City for failure to complete
the entire work by the Completion Date (as extended, if applicable) will be Two Hundred Fifty Dollars
($250.00) for each calendar day, continuing to the time at which the work is completed. Such amount is
the actual cash value agreed upon as the loss to City resuiting from Contractor's defauit.
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 hereinbefore specified shall in any manner be
construed to constitute a waiver of any right to liquidated damages or any right to any such sum.
U8 INDEMNITY AND HOLD HARMLESS.
Contractor shall assume the defense of, and indemnify and save harmless, the City, its officers,
employees, and agents, and each and every one of them, from and against all actions, damages,
claims, losses or expenses of every type and description to which they may be subjected or put, by
reason of, or resulting from, the performance of the work, provided that such action, damage, claim,
loss, or expense is attributable to bodily injury, sickness, disease or death, or injury to, or destruction of
property, whether upon or off the work, including the loss of use thereof, and is caused in whole or in
part by any negligent act or omission of the Contractor, and subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, whether or not it is
caused in part by a party indemnified hereunder.
Page A-4