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HomeMy WebLinkAboutItem 4.06 DataProcessCablngUpgds (2) ,,-- . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 12, 1994 SUBJECT: Authorization to Solicit Proposals - Data Processing Cabling System Upgrades 1:3 (Prepared by: Bo Barker, Management Assistant) EXHIBITS A TT ACHEDiJ M Specifications \ U2.~;ble Project Agreement 3. A set of plans will be available at the City Council Meeting RECOMMENDATION: Authorize Staff to Distribute the Cabling Bid to Qualified Vendors FINANCIAL STATEMENT: The project will be funded from the Capital Improvement Project #9315 as approved by the City Council for Fiscal Year 1994-95. DESCRIPTION: The 1994-95 Capital Improvement Program includes the installation of a local area computer network (LAN) in the Civic Center. In addition to network equipment such as personal computers and printers, the network requires upgrades to the cabling system to connect all the necessary locations and components. The attached bid proposal seeks qualified vendors to provide and install the upgrades to the cabling system. The current cabling system consists of wiring that supports data and voice transmissions. The current data wires transmit at a very slow rate of speed (4 megabytes a second). Additionally, the current cabling structure is configured in such a way that prohibits its from being used for the new computer network. Thus, data cabling upgrades are necessary. The voice cables will remain the same. Since the Civic Center was built, technology has advanced to allow much higher speeds and greater integrity for data transmission. This is a contributing factor in the popularity of personal computer networks as is proposed for the City. The new cabling will potentially achieve data transmission at speeds of up to 100 to 150 megabytes a second. Initially, these speeds will be not necessary, however, it is anticipated that the cabling upgrades will be installed to support future data application needs. In summary, the cabling project includes the following program elements: 1. Installation of cables to approximately 70 locations in the Civic Center. These connections will be the infrastructure of the local area network that connects all city employees, police employees and the Emergency Operations Center. 2. Installation of supporting network hubs and patch panels. Network hubs and patch panels coordinate cables, and their electronic signals, from individual workstation termination points. A quality engineered cabling scheme is essential in the success of a local area network. Without reliable cabling, data moving across the network is in danger of damage or loss. The proposed cabling upgrade is designed to establish a reliable data transmission infrastructure while anticipating future system resource requirements. It is recommended that the City Council authorize Staff to distribute the cabling bid specifications to qualified vendors. / COPIES TO: CITY CLERK FILE ~. :;.. , ITEM NO. ~, . . CITY OF DUBLIN, CALIFORNIA ADMINISTRATIVE SERVICES DEPARTMENT REQUEST FOR BIDS FOR THE "CIVIC CENTER CABLING PROJECT" DATED SEPTEMBER,1994 EXHIBIT ~ . . CITY OF DUBLIN LOCAL AREA NETWORK CABLING PROJECT NOTICE TO BIDDERS Notice is hereby given that sealed bids, subject to the conditions named herein and in the Specifications therefor for the City of Dublin Local Area Network Cabling Contract addressed to the City of Dublin will be received at the City Clerk's Office, 100 Civic Plaza, 2nd Floor, Dublin CA 94568, up to September 30, 1994 at 2:00 p.m., at which time they will be publicly opened and read. A complete set of bid documents is available at City Offices, 100 Civic Plaza, City Manager's Office, Dublin, CA 94568. For further information on this bid contact Bo Barker, Management Assistant, at 510-833-6650. Paul S. Rankin, Assistant City Manager/Administrative Services Director . . INSTRUCTIONS TO BIDDERS 1.0. General Information 1.1. City Objective The City of Dublin has recently completed a master planning project that details changes to the current information systems. As part of the master plan, in fiscal year 1994-95, the City will embark on an installation of a personal computer local area network (ethemet -10BaseT). The City of Dublin is seeking proposals for completion of a new data cabling system which will meet City needs for a new local area network as outlined in this Request for Bids. 1.2. Proposals Instructions In order to receive consideration, all bid proposals shall be made in accordance with the following instructions: 1.2.1. Proposals shall be made upon the forms provided therefor, properly executed and with all items filled out; the signature of all persons signing shall be in long hand. 1.2.2. Blank spaces in the forms must be properly filled in, and the phraseology thereof must not be changed. Additions must not be made to the items mentioned therein. Any unauthorized conditions, limitations or provisions attached to a proposal may cause its rejection. Alterations by erasures or interlineation must be explained or noted in the proposal over the signature of the vendor 1.2.3. No FAXED proposals will be considered. No proposal received after the time fixed for receiving them will be considered. Late proposals will be returned to the vendor unopened. 1.3 Proposal Format 1.3.1. Signature: Proposal shall be signed by an authorized corporate officer. 1.3.2. Bid Forms. Each vendor shall fill out completely and accurately the proposal forms supplied with this invitation to respond to the Bid. Do not use your own forms. Failure to use the forms provided will invalidate the proposal. Failure to answer any of the questions or provide any of the information requested in the bid specifications may subject the entire proposal to rejection. The inability to meet a specific feature or item of equipment requested or any specific general condition will not invalidate your proposal, but will be weighed in the finals selection of the successful vendor. It is the vendor's responsibility to point out those items and/ or conditions which can not be met. 1.3.3. Valid Period: Include a statement that the terms of the proposal will remain valid for 60 days. 1.3.4. Qualifications: Firm's relevant experience; responsiveness; ability to perform; anticipated manpower allocation. Provide 3 references of agencies where similar work has been performed in the past. In each case briefly describe the project scope and indicate a contact person and phone number. 1.3.5. Identify the personnel to be involved in the project and their background. Include information relative to any subcontractor. . . 1.4 Meetings and Deadlines 1.4.1 Due to the unique nature of the building layout all vendors must attend the pre- bid walk through in order to be eligible to submit a bid proposal. The pre-bid meeting will take place on: September 20, 1994, 9:00 a.m. 1.4.2 Due Date for Response: September 30, 1994,2:00 p.m. 1.4.3. One Copy of the bid proposals should be submitted to: City of Dublin City Clerk's Office 100 Civic Plaza, 2nd Floor P.O. Box 2340 Dublin, CA 94568 1.5 Bid Clarification Upon receipt of your proposal, you may be called for additional information and/ or detailed discussion of the proposal. 1.6 Addenda or bulletins: Any addenda or bulletins issued by the City during the time of bidding Of forming a paft of the documents provided to the bidder for the preparation of his bid shall be covered in the bid and shall be made a part of the contract. 1.7 Withdrawal of bids: Any bidder may withdraw a bid, either personally or by a written request, at any time prior to the scheduled deadline for receipt of written bids. 1.8 Economy of prepafation: The proposal should be prepared simply and economically, provided a straight forward, concise description of the bidder's capabilities to satisfy the requirements of these specifications. The bidder shall be responsible for costs incurred in the proposal preparation and delivery. 1.9 City Right to Accept or Reject Proposals The City of Dublin reserves the right to accept or reject any proposals, and all subsequent material, either verbal or written, exclusive of an executed written contract. This invitation to respond to the Bid in no way obligates the City of Dublin to any company, supplier, manufacturer, or respondent to the RFP. All companies are to respond on the identical configurations. 1.10 Award and Execution of Contract 1.10.1 The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. 1.10.2 BONDS. Contractor shall provide, at the time of the execution of the agreement or contract for the work, and at his own expense, a surety bond in an amount equal to at least ten percent (10%) of the contract price as the bid bond. Contractor shall also . . provide, at the time of the execution of the agreement or contract for work, and at his own expense, a separate surety bond in an amount equal to at least one hundred 000%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Sureties on each of said bonds shall be satisfactory to the City Attorney. It is the responsibility of the vendor to demonstrate how they will best meet the City of Dublin's requirements. 1.11 Errors and Omissions The City of Dublin shall not be held responsible for errors, omissions, oversights, etc., in the vendors response to the bid proposal. Said errors, omissions, or oversights brought to the attention of the City of Dublin subsequent to the due date of this proposal which alter or modify the information which form the basis for evaluation of the submitted bid response, shall remain the responsibility of the vendor. Additionally, any errors, omissions, or oversights of a material nature may constitute grounds for rejection of the submitted proposal. 1.12 Contractors Liability and Worker's Compensation Insurance Per the agreement with the City, the Contractor shall at his/her own cost and expense procure and maintain satisfactory public liability and casualty insurance to adequately protect the contractor and the City in damages for personal injury, including death, which may arise from operations under the contract, whether such operations are by the contractor or subcontractor, or anyone directly or indirectly employed. The City of Dublin shall be named as an additional insured. Contractor shall at his/her own cost and expense procure and maintain adequate workers' compensation insurance in an amount satisfactory to the City and sufficient to protect the contractor or subcontractor as well as the City from any claims under the Workers' Compensation Law, it begin expressly understood and agreed that all persons employed directly or indirectly in connection with said work by the Contractor or any subcontractor will be considered to be the employees of the Contractor and not employees of the City. 1.13 Materials and Appliances Unless otherwise stipulated, the contractor shall provide and pay for all materials, labor, tools, equipment, transportation and other facilities necessary for the performance and completion of the work. All specific handling equipment charges shall be paid by the Contractor. 1.14 Building Repairs The contractor shall be liable and responsible for any building repairs required due to work being completed. This may include, but is not limited to ceiling tiles and damage to walls or floors or other amenities within the Civic Center. 1.15 Beginning of Work and Time of Completion Contractor shall commence the work within ten (5) working days of the date of the Notice to Proceed and shall diligently prosecute the work to final completion. Contractor shall return the signed contract, performance and labor bonds, and insurance certification within five (5) working days after the receipt of contract from the City. The continuous prosecution of work by Contractor shall be subject only to Excusable Delays as defined in the Agreement. Work shall be completed within 21 days following receipt from the City. Work completed on the weekends or city holidays must be approved in advance. . . Pre-Construction Conference. A mandatory pre~construction conference will be held at the Dublin Civic Center, 100 Civic Plaza, Dublin, California on September 20.1994 at 9:00 a.m. for the purpose of discussing with the Contractor the scope of the work, contract drawings, specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of a satisfactory completion of the project as required. The Contractor's representatives at this conference shall include all major superintendents for the work and may include major subcontractors. 1.16 Field Conditions The current cabling scheme at the project site consists of two 4 pair, unshielded twisted pair (UTP) terminated in each office or workstation location. Each termination point consists of a wall plate with two RJ 45 type ports; one for voice and one for data. The four unshielded twist pair run through vertical conduit that stubs at the ceiling level and then runs to satellite station 66/punch down blocks. Data transmission are then run over 25 pair cable to the Data Center. The port containing the 4 pair for data, including associated 25 pair cables will be removed by the contractor and replaced with the new cabling. In two locations, the current data cabling will be required to stay in place maintaining connectivity to the City's mini computer. Although a separate RJ45 jack is available, the vendor will be required to identify the correct 25 pair cables running to the data center. The voice wires used for voice transmission will remain unchanged. The proposed wiring scheme is presented in the drawings attached to these specifica tions. The vendor shall represent and warrant that he has sufficiently informed himself in all matters affecting the performance of the work. Furnishing of the labor, supplies, material and equipment called for in the specifications and that he has checked the proposal for errors and omissions; that the prices stated in the proposal are current and as intended and are complete and correct in terms of prices, labor, supplies, materials and equipment required by the proposal documents. . . 1.17 Prevailing Wage 1.17.1 The wage rates determined by the Director of Industrial Relations entitled "General Prevailing Wage Rates" refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this contract, such wage rate shall apply to the balance of the contract. General Prevailing Wage Rates dated February 22, 1994, are on file in the office of the City Clerk. 1.17.2 Labor Nondiscrimination Attention is directed to the following Notice that is required by Chapter 5, Title 2, California Administrative Code: NOTICE OF REQUIREMENT FOR NONDISCRlMINA TION PROGRAM (GOVERNMENT CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause," set forth herein, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth herein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. NONDISCRIMINA nON CLAUSE -- 1. During the performance of this contract, contract and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by referen'ce and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 1.18 Subcontracting . . A sheet for the purposes of listing the subcontractors, as required by the Subletting and Subcontracting Fair Practices Act, is included in the bid packet. . . sPECIFICA nONS AND PROPOSAL FORMS 1.0 Scope of Work Plans and Contract documents may be secured from the office of the City Manager, 100 Civic Plaza, 2nd Floor, Dublin, CA 94568,510-833-6650. One copy will be provided to each bidder free of charge. It is the intent of the City to have a single bidder responsible for the provision of aU items identified in the specifications. Although it is recognized that a successful bidder may utilize subcontractors for a portion of the work, they shall be clearly identified on the "Bidders List of Subcontractors Form." The bidder is specificaUy advised that any person, firm, or other party to whom it is proposed by the successful bidder to award a subcontract must be acceptable to the City and shall be bound by all terms and condition of the bid. The total cost of the bid should include taxes, shipping costs, delivery and aU aspects of the installation. In addition, the bidder shall be responsible for the provision of a 100% performance bond. 1.0 Specifications A full set of plans and drawings will be distributed with each bid packages. These plans detail the cabling configuration the City is seeking in the project. The materials and labor required to implement these plans are detailed on the attached forms. Using the plans provided by the City each bidder is required to provide cost and other details as requested on the following forms: 1) Bid proposal summary 2) Materials Cost Detail 3) Labor and Installation Cost Detail 4) Bidder List of Subcontractors, if applicable 2.0 Station Cable Testin~ and Labelin~ 5.1 Certify that all station cable meets or exceeds the EIA 568 standard for Category 5. This includes testing and documentation of transmissions running a m100bh. Should any test fail, the cable will be replaced. A complete set of test results will be turned over to the City at the completion of the project. 5.2 Furnish and install labels for all cable locations, and their corresponding hub and patch panel locations. Additional Information: Questions related to this document may be addressed to: Bo Barker Administrative Services P.O. Box 2340 Dublin, CA 94568 510-833-6652 . . Bid Proposal Summary Form City of Dublin - Civic Center Cabling Project I have received the documents relative to the City of Dublin Civic Center Cabling Project. The bid package includes, Notice and Instruction to Bidders, Specifications, and plans detailing the Civic Center. The following Costs relate to the total cost of the project as defined in the plans and specifications including all applicable delivery charges, taxes and fees. The unit price the vendor specifies in the Materials Cost Detail section should apply to quantity deviations of up to a 25% difference in the estimated quantity. A. Cost Summary Category Total Materials $ Labor $ Grand Total $ B. References Please list two references for which you have provided similar work. C. Addendum's Included This proposal includes all modifications contained in the following addendum's or clarification's Addendum # Date Issued D. Submitted by Name: Firm Name: Address: Phone: Signature Date . . MATERIALS COST DETAIL Estimated Total Material Tvpe Unit Price Quantity Price Manufacturer Mod-Tap or equivalent 24 Port, 3 Category 5 compliant RJ45 to 110 Patch Panel Harris-Dracon or equivalent Steel 3 seismically braced Wall Mount and shelves with a depth of 24" to support the Patch Panels and hubs 24 Port,3Com FMS II - 3C16671, 2 10BaseT hub or equivalent 12 Port, FMS II. 3 Com 3C-16670 2 10BaseT hub or equivalent EIA/TIA 586 compliant 24 gauge 5500 Feet Category 5, 4 pair plenum rated cable. EIA 586 compliant Category 5, Ml00bh 140 connectors RJ45 connectors Category 5 compliant Jumper Cables 70 (3 foo t) 62.5/125 - Seicor or equivalent 4 strand 700 Feet fiber optic cable Seicor or equivalent ST Connectors for 4 Fiber Connections TOTAL $ The unit price the vendor specifies in this section should apply to quantity deviations of up to a 25% difference in the estimated quantity. . . LABOR COST DETAIL Workstation Tennination's Hourly Rate Estimated Hours Subcontractor (if applicable) to complete Install one, 4 pair, category 5 plenum rated cable to each station location as defined on City provided drawings. Install one, RJ 45 connector at each station location. The cable should be terminated to meet the Electronic Industry Association (EIA) standards. Hub Room Eauivment Installation Install one 24 port, RJ45 to 110 type patch panel in each of the three hub locations (two on the administration side & one on the police side) as defined on the City provided drawing. Install one wall mount support and shelves for the patch panels and hubs InstalllOBaseT hubs in each of the three locations as depicted on the City Provided drawings. Install jumpers from the patch panels to the hubs, one per station. Fiber Dutie Cable and Patch Panel Installation Install a 4 stand, 62.5/125, loose tube fiber optic cable or equivalent between the hub room in the Police Side and the Data Center. (500 Feet) Install a 4 strand, 62.5/125, or equivalent, loose tube fiber optic cable between the hub room in the Administra.tion Side and the Police Hub Room (200 feet) Terminate all fiber optic cables with ST type connectors and insert them into the hubs. TOTAL . . CIVIC CENTER CABLING PROJECT BIDDERS LISTING OF SUBCONTRACTORS Please provide the name, address, and telephone number of any subcontractor which will be used. Identify the service or product each will provide. Attach additional sheets as necessary. 1) Name: Phone # Address: Work to be Perfomed: 2) Name: Phone # Address: Work to be Performed: 3) Name: Phone # Address: Work to be Perfomed: 4) Name: Phone # Address: Work to be Perfomed: . . AGREEMENT CITY OF DUBLIN CONTRACT NO. THIS AGREEMENT, dated for identification as of ******, between the CITY OF DUBLIN, a Municipal Corporation (hereinafter called "CITY"), and ******************** (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 Specifications, Plans and Drawings, 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. EXHIBIT 2 A - 1 . . 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: Civic Center Cabling Project. 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 ($"''''*), 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 PROGRESS AND FIN AL PAYMENTS. Subject to the terms and conditions of the Contract Documents, City shall cause payments to be made upon demand of Contractor and in compliance with City schedules. 1.07 RETENTION OF SUMS CHARGED AGAINST CONTRACTOR. When, under the provisions of this Contract, City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges against him, City shall have the right to recover the balance from Contractor or his sureties. 1.08 COMMENCEMENT AND PROSECUTION OF WORK. Contractor shall commence the work within ten (10) working days of the date of the Notice to Proceed and shall diligently prosecute the same to final completion. Contractor shall return the signed contract, performance and labor bonds and insurance certification within five (5) working days after the receipt of contract from the City. The continuous prosecution of work by Contractor shall be subject only to Excusable Delays as defined in this Agreement. 1.09 TIME OF COMPLETION. The entire work shall be brought to completion in the manner provided for in the Contract Documents on or before the 15th 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. 1.10 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 ACCEPT ANCE NOT RELEASE. A - 2 . . 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 all new 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, n.or 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 cumulativej 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 additiond A - 3 . . expenses of prolonged employment of an architectural and engineering staffj costs of administration, inspection, and supervisionj 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 LIOUIDATED 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 $50 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 herein 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 everyone of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the performance of the work, provided that such action, damage, claim, loss, or expense is attributable to bodily injury, sickness, disease or death, or injury to, or destruction of property, whether upon or off the work, including the loss of use thereof, and is caused in whole or in part by any negligent act or omission of the Contractor, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not it is caused in part by a party indemnified hereunder. 1.19 CONTRACTOR SHALL ASSUME RISKS. Until the completion and final acceptance by City of all work under this Contract, the work shall be under Contractor's responsibility, care, and charge, including any period of time work is suspended for any cause whatsoever. Contractor shall rebuild, repair, restore, and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the work, except as otherwise agreed. It is specifically contemplated that the City, its officers, employees, and invitees, will occupy and use portions of the work prior to final acceptance. Such occupancy shall not relieve Contractor of responsibility provided A - 4 I I I ~- . . 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. 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 authoritYj 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 Contractorj (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 A - 5 . . 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 Contractor, will assume that any and all delays which may have occurred in its prosecution and completion have been avoidable delays, except such delays as shall have been called to the attention of the City Engineer at the time of their occurrence and found by him to have been excusable. Contractor shall make no claim that any delay not called to the attention of the City Engineer at the time of its occurrence has been an excusable delay. 1.25 EXTENSION OF TIME - EXCUSABLE DELAY. Should any delays occur which the City Engineer may consider excusable, as herein defined, Contractor shall, pursuant to his application, be allowed an extension of time beyond the time herein set forth proportional to said delay or delays in which to complete this Contractj and, during an extension which may have been granted because of an excusable delay or delays, City shall not charge liquidated damages against Contractor for such delay. 1.26 EXTENSION OF TIME DOES NOT WAIVE CITY'S RIGHTS. The granting of any extension of time on account of delays which in the judgment of the City Engineer are excusable delays shall in no way operate as a waiver on the part of City of its rights under this Contract excepting only the extension of the Completion Date. 1.27 NO PAYMENT FOR DELAYS. No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the work whether such delays qualify for extension of time under this Agreement or not. Contractor waives 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 A - 6 . . Agreement, including modifications deemed necessary or. desirable by City for the correction of errors or omissions in the Contract Documents. 1.28 CHANGES IN THE WORK. Changes in the work made pursuant to changes issued in accordance with the Standard Specifications and extensions of time of completion made necessary by reason thereof (beyond the Completion Date) shall not in any way release any guarantee given by Contractor pursuant to the provisions of the Contract Documents, or the Contract let hereunder, nor shall such changes in the work relieve or release the sureties on bonds executed pursuant to the said provisions. By executing such bonds, the sureties shall be deemed to have expressly agreed to any such change in the work and to any extension of time made by reason thereof. 1.29 TERMINATION AFTER COMPLETION DATE. In addition to any other rights it may have, City may terminate this Contract at any time after the Completion Date as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to City for liquidated damages for all periods of time beyond such termination date until the work is completed. 1.30 CONTRACTOR BANKRUPT. If Contractor should commence any proceeding under the Bankruptcy Act, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City Council may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Section 1.31. Contractor's Surety shall have the right to complete the work by commencing thirty (30) days as specified in Section 1.31; and, in the event Contractor's Surety fails to commence work within thirty (30) days, City shall have the right to complete, or cause completion of the work, aU 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 Contractorj 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 A - 7 . . 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 there is 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 stop, 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. 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"). (1) (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 A - 8 . . 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. (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. A - 9 . . (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. Date: CONTRACTOR: By Title Date: CITY OF DUBLIN, A Municipal Corporation By Mayor ATTEST: FORM: ORIGINAL APPROVED AS TO City Clerk City Attorney A - 10 1;.' ... '".: . . GUARANTY To the CITY OF DUBLIN, FOR CONTRACT NO. 93- The undersigned guarantees the construction and installation of the work included in this project. Should any of the work prove defective, 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 accordance with the plans and specifications, due to any of the above causes, all within one year after date on which this contract is accepted by the City or after relief from maintenance, whichever, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said project, including the cost of any such equipment or materials replaced and repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall 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 materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees. Signature of Bidder A - 11 . . CERTIFICATION OF INSURANCE Issued to the City of Dublin WHEREAS, as follows: has been awarded a contract with the City of Dublin Contract No. 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 requifed 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 Of 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 covefage 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 - 12 . . Coverage for Which Insurance is Afforded Limits of Liability Policy No." Policy No. .... Workers" Compensation & Employer's Liability Bodily Injury Liability except automobile Compensation Statutory $500,000 each person $1,000,000 ea. occurrence Property Damage Liability $100,000 each occurrence 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 "XCV 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 canceled 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 - 13 . . 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 City Attorney City of Dublin Telephone Number A - 14 . . PERFORMANCE BOND (To Accompany Contract) Bond No. WHEREAS, the City of Dublin, hereafter referred to as "Obligee," has awarded to Contractor . hereafter referred to as "Principal," a contract for the work described as follows: ******************* AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, guaranteeing the faithful performance thereof: NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the Obligee, in the sum of Dollars ($ ) to be paid to the Obligee, for which payment we bind ourselves jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal shall faithfully perform his contract, then this obligation shall be null and void, otherwise it shall be in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Dated: .19_ Correspondence or claims relating to this bond should be sent to the surety at the following address: Principal Surety Attorney-In-Fact NOTE: Signatures of those executing for the Surety must be properly acknowledged and a Power of Attorney attached. A - 15