HomeMy WebLinkAbout4.3 Award of Bid 91-02 CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: March 25,
1991
SUBJECT:
Award of Bid - Contract No. 91-02
Annual Street Overlay/Dougherty Road Bike Path
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED:
1) Resolution of Award
2) Summary of Bids
RECOMMENDATION~I)
3)
FINANCIAL STATEMENT:
Low Bid Received
Overlay/Repair:
Bike Path:
$515,469.20
30,560.00
$546,029.20
Adopt Resolution awarding bid to Les McDonald
Construction
Authorize Mayor to execute agreement
Authorize Staff to increase items of work related
to the bike path up to the budgeted amount.
Engineer's Estimate
$533,829.50
71,850.00
$605,679.50
Construction Budget
$534,700.00
59,754.00
$594,454.00
Breakdown of Budgeted Funds:
Operating
Budget
CIP Budget
Overlay Bike Path
TOTAL
Survey
Preliminary Engr.
Design
Inspection
Construction
TDA Audit Cost
361,700
2,746
$364,446
$ 5,000 $ $ 5,000
5,000 5,000
2,000 5,000 7,000
20,000 2,500 22,500
173,000 59,754 594,454
2,746
$ 200,000 $ 72,254
$ 636,700
Anticipated Funding Sources
General Fund
TDA (bikeway)
SB 140 (overlay)
Gas Tax (overlay)
Measure B (overlay)
Original Revised*
Budget Budget
$ 51,120 $ 12,875
75,000 75,000
65,880 104,125
319,700 319,700
125,000 125,000
$636,700 $636,700
*Funding budget was revised because additional SB 140 funds are available.
A reduction of actual overlay costs from the budget would reduce first the
expenditure from the General Fund, then from the gas tax monies.
DESCRIPTION: At its meeting of February 25, 1991, the City
Council authorized Staff to advertise for bids for Contract 91-02, the
Annual Street Overlay and Repair Program and Dougherty Road Bike Path
project.
The annual overlay program consists of placing at least a 1 1/2" asphalt
overlay on streets that are in a deteriorated condition. A special pavement
fabric will also be placed over the travelway prior to the asphalt overlay.
This fabric helps bridge the existing minor pavement cracks and prevent the
reflection of cracks through the new asphalt. Before installing the overlay,
the pavement failures are dug out to the base rock and replaced with a new
section of asphalt.
In order to stay within the existing Overlay and Street Repair Budget and
still receive the maximum amount of funds from the State-Local Transportation
Partnership Program, Staff has proposed to integrate this year's funds for
the Slurry Seal Program into the Overlay Program. This procedure, which
increases the total amount of funds available for the overlay project, will
enable the City to utilize the maximum State SB 140 Program funding of
$104,125. The result will be a two-year overlay program this fiscal year and
no slurry seal program, with the ability to capture an additional $38,245 in
SB 140 monies over the budgeted $65,880. This change in the proposed work
program will require a transfer of funds from the Operating Budget to the CIP
Budget; however, as the final costs will not be determined until the project
is complete, Staff recommends making this transfer when the project is closed
out.
The streets to be overlaid are:
Peppertree Road (Shannon Avenue to West Vomac Road)
Shannon Avenue (Vomac Road to Peppertree Road)
Vomac Road (Cavalier Lane to San Ramon Road)
Bellina Street (Galindo Drive to San Ramon Road)
Deervale Road (Bellina Street to Vomac Road)
Starward Drive (Amador Valley Blvd. to Vomac Road)
Sierra Lane (Sierra Court to Dougherty Road)
Donohue Drive (Hillrose Avenue to Amador Valley Blvd.)
Amarillo Road (Hansen Drive to Silvergate Drive)
Betlen Drive (Hansen Drive to End)
Silvergate Drive (Hansen Drive to Dublin Blvd.)
The second phase of the Dougherty Road Bike Path is being included with this
year's overlay program in an attempt to save money by combining two asphalt
related projects. This phase continues constr~ction of the bike path on the
east side of Dougherty Road between Amador Valley Boulevard and Willow Creek
Drive. The bike path is funded by a $75,000 grant from the Transportation
Development Act (TDA). Staff is recommending some additional improvements to
the bike path such as headerboards and fencing relocation, as the low bid is
considerably less than the budget and since the entire cost is being paid by
an outside grant. Prior to bidding, Staff had eliminated these items as it
appeared that the project was going to be over budget.
In addition to the striping on the streets to be overlaid, the following
streets will also receive thermoplastic striping: Davona Drive (Alcosta to
Village Parkway), Stagecoach Road (Turquoise to City Limit), West
Vomac/Southwick (San Ramon Road to Alcosta), and Clark Avenue (Dublin Blvd.
to Maple). The initial cost of thermoplastic striping is significantly
higher than the cost of paint; however, a cost savings is realized over a
period of time as the thermoplastic has approximately 10 times the life of
today's water-based traffic paint.
Notices will be sent out prior to the beginning of work in order to advise
the residents that construction will take place on their street.
The City received a total of ten bids (see attached bid summary) for this
project. The lowest bidder was Les McDonald Construction with a bid of
$546,029.20. Staff recommends that the City Council adopt the resolution
awarding the bid to the low bidder.
2
RESOLUTION NO. -91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AWARDING CONTRACT 91-02 ANNUAL STREET OVERLAY/REPAIR PROGRAM
AND DOUGHERTY ROAD BIKE PATH PROJECT
TO LES MCDONALD CONSTRUCTION
WHEREAS, the City of Dublin did, on March 19, 1991, publicly
open, examine, and declare all sealed bids for doing the work described in
the approved Plans, Specifications, and Modifications for Contract 91-02
ANNUAL STREET OVERLAY/REPAIR PROGRAM AND DOUGHERTY ROAD BIKE PATH PROJECT
authorized by the City Council on February 25, 1991, 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 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 City of Dublin Contract 91-02 to the lowest
responsible bidder therefor, to wit Les McDonald Construction at a bid of
Five hundred forty six thousand twenty-nine dollars and twenty cents
($546,029.20), the particulars of which bid are on file in the office of the
City Engineer.
PASSED, APPROVED, AND ADOPTED this 25th day of March, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
CONTRACT 91-02 1991 A~FNUAL OVERLAY/DOUGNERTY ROAD BIKE PATH
ITEMIZATION OF WORK ENGINEER'S ESTIMATE LES MCDONALD CONST. OLIVER DE SILVA RAISCH/GRADEWAY
BID ITEM UNIT UNIT TOTAL UNiT TOTAL UNIT TOTAL UNIT TOTAL
ITEM DESCRIPTION MF~S. QTY. PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
ANNUAL OVERLAY
1 pLA~NE AC PVMT 6' WiDE LF 28,570 .95 27,141.50 1.00 28,570.00 .83 23,713.10 .90 25,713.00
2 PVMT FAILURE REPAIR SF 247,700 .92 227,884.00 1.00 247,700.00 .97 240,269.00 1.10 272,470.00
3 PVMT REINF FABRIC SY 53,100 .66 35,046.00 .52 27,612.00 .61 32,391.00 .61 32,391.00
4 INST 1 1/2" OVERLAY SF 749,000 .26 194,740.00 .24 179,760.00 .24 179,760.00 .24 179,760.00
5 ADJ MONUMENTS TO GRADE EA 69 120.00 8,280.00 110.00 7,590.00 140.00 9,660.00 145.00 10,005.00
6 INSTALL SIG DETEC LOOPS EA 17 350.00 5,950.00 240.00 4,080.00 250.00 4,250.00 240.00 4,080.00
7 REMV & REPL ISLAND EA 1 12,800.00 12,800.00 1,200.00 1,200.00 5,000.00 5,000.00 2,000.00 2,000.00
8 YELLOW 4" UNBROKEN LINE LF 3,512 .50 1,756.00 .35 1,229.20 .35 1,229.20 .50 1,756.00
9 WHITE 6" SOLID LINE LF 3,300 .75 2,475.00 .60 1,980.00 .60 1,980.00 .35 1,]55.00
10 WHITE 8" SOLID LINE LF 200 1.00 200.00 .80 160.00 .80 ]60.00 .30 60.00
11 YELLOW DOUBLE CENTERLINE LF 6,970 1.00 6,970.00 .80 5,576.00 .80 5,576.00 .30 2,091.00
12 WHITE 12" SOLID LINE LF 966 2.00 1,932.00 1.50 ],449.00 1.50 1,449.00 2.00 1,932.00
13 YELLOW 12" SOLID LINE LF 640 2.00 1,280.00 1.50 960.00 1.50 960.00 2.00 1,280.00
14 AJlROW 8' EA 12 60.00 720.00 50.00 600.00 50.00 600.00 50.00 600.00
15 SLOW SCHOOL XING EA 3 175.00 525.00 265.00 795.00 265.00 795.00 2]0.00 630.00
16 STOP FA 22 75.00 1,650.00 74.00 1,628.00 74.00 1,628.00 50.00 1,100.00
17 25, 35 EA 6 50.00 300.00 60.00 360.00 60.00 360.00 52.00 312.00
18 STOP AHEAD EA 8 100.00 800.00 175.00 1,400.00 175.00 1,400.00 205.00 1,640.00
19 NONREFLECTIVE PVMT MARKERS EA 570 2.00 1,140.00 2.00 1,140.00 2.00 1,140.00 2.00 1,140.00
20 REFLECTIVE PVMT ~t~dlKERS EA 560 4.00 2,240.00 3.00 1,680.00 3.00 1,680.00 3.10 1,736.00
TOTAL ANNUAL OVERLAy: 533,829.50 515,469.20 514,000.30 541,851.00
DOUGHERTY ROAD BIKE PATH
21 CLEAR & GRUB LS 1 7,500.00 7,500.00 500.00 500.00 6,000.00 6,000.00 5,214.00 5,214.00
22F EARTDWORK CY 3,400 11.00 37,400.00 3.50 11,900.00 5.00 17,000.00 3.75 12,750.00
23 FIELD STJdiING LS 1 2,500.00 2,500.00 1,200.00 1,200.00 3,000.00 3,000.00 2,800.00 2,800.00
24F AC & AB BIKE PATH SEC SF 22,000 1.00 22,000.00 .67 14,740.00 .75 16,500.00 .72 15,840.00
25 RELOCATION OF SIGNS EA 1 50.00 50.00 100.00 100.00 100.00 100.00 165.00 165.00
26 BIKE PAT][ SIGNS EA 12 150.00 1,800.00 120.00 1,440.00 ]20.00 1,440.00 165.00 1,980.00
27 TYPE "L" SIGNS EA 2 150.00 300.00 100.00 200.00 100.00 200.00 160.00 320.00
28 BIKE CROSSING SIGNS EA 2 150.00 300.00 240.00 480.00 240.00 480.00 165.00 330.00
TOTAL BIKE PATH:
71,850.00 30,560.00 44,720.00 39,399.00
GRAND TOTAL: 605,679.50 546,029.20 558,720.30 581,250.00
CONTRACT 91-02 1991 A~AL OVERLAY/DOUGHERTY ROAD BIKE PATH PAGE 2
ITEMIZATION OF WORK FAST BAY EXCAVATING TEICHERT CONST. REDGWICK CONST. O. C. JONES
BID STEM UNIT UNIT TOTAL 0NIT TOTAL UNIT TOTAL UNIT TOTAL
ITEM DESCRIPTION MEAS. QTY. PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
ANNUAL OVERI~Y
I PLANE AC PVMT 6' WIDE LF 28,570 .79 22,570.30 .59 16,856.30 .80 22,856.00 .57 16,284.90
2 PVMT FAILURE REPAIR SF 247,700 1.05 260,085.00 .97 240,269.00* 1.00 247,700.00 .93 230,361.00
3 PVMT REINF FABRIC SY 53,100 .614 32,603.40 .62 32,922.00 .80 42,480.00 .63 33,453.00*
4 INST 1 1/2" OVERLAY SF 749,000 .244 182,756.00 .30 224,700.00 .26 194,740.00 .34 254,660.00
5 ADJ MONUMENTS TO GRADE EA 69 80.00 5,520.00 130.00 8,970.00 130.00 8,970.00* 143.00 9,867.00
6 INSTALL SIG DETEC LOOPS EA 17 245.00 4,165.00 245.00 4,165.00 400.00 6,800.00 240.00 4,080.00
7 REMV & REPL ISLAND EA 1 1,315.00 1,315.00 4,100.00 4,100.00 4,000.00 4,000.00 3,567.85 3,567.85
8 YELLOW 4" UNBROKEN LINE LF 3,512 .30 1,053.60 .35 1,229.20 .35 1,229.20 .30 1,053.60
9 WHITE 6" SOLID LINE LF 3,300 .30 990.00 .60 1,980.00 .60 1,980.00 .30 990.00
10 WHITE 8" SOLID LINE LF 200 .30 60.00 .80 160.00 .80 160.00 .30 60.00
11 YELLOW DOUBLE CENTERLINE LF 6,970 .30 2,091.00 .80 5,576.00 .80 5,576.00 .30 2,091.00
12 WHITE 12" SOLID LINE LF 966 2.00 1,932.00 1.50 ],449.00 1.50 1,449.00 2.00 1,932.00
13 YELLOW 12" SOLID LINE LF 640 2.00 1,280.00 1.50 960.00 ].50 960.00 2.00 1,280.00
]4 AJlROW 8' EA 12 50.00 600.00 50.00 600.00 50.00 600.00 50.00 600.00
15 SLOW SCHOOL XING EA 3 200.00 600.00 265.00 795.00 265.00 795.00 200.00 600.00
16 STOP EA 22 50.00 1,100.00 74.00 1,628.00 74.00 1,628.00 50.00 1,100.00
17 25, 35 EA 6 50.00 300.00 60.00 360.00 60.00 360.00 50.00 300.00
18 STOP AHEAD EA 8 200.00 1,600.00 175.00 1,400.00 175.00 1,400.00 200.00 1,600.00
19 NONREFLECTIVE PVMT MARKERS EA 570 2.00 1,140.00 2.00 1,140.00 2.00 1,140.00 2.00 1,140.00
20 REFLECTIVE PVMT MARKERS EA 560 3.00 1,680.00 3.00 1,680.00 3.90 2,184.00' 3.00 1,680.00
TOTAL ~2~NUAL OVF~II~AY:
DOUGHERTY ROAD BIKE PATH
523,441.30 550,939.50* 547,007.20' 566,700.35
21 CLE;OR & GRUB LS 1 10,083.00 10,083.00 3,361.00 3,361.00 2,000.00 2,000.00 ]7,194.00 17,194.00
22F EARTHWORK CY 3,400 8.73 29,682.00 4.30 14,620.00 7.00 23,800.00 2.45 8,330.00
23 FIELD STAKING LS 1 3,600.00 3,600.00 4,500.00 4,500.00 4,500.00 4,500.00 1,250.00 1,250.00
24F AC & AB BIKE PAT}{ SEC SF 22,000 ].125 24,750.00 .92 20,240.00 ].00 22,000.00 .87 19,]40.00
25 RELOCATION OF SIGNS EA I 160.00 160.00 100.00 100.00 100.00 100.00 160.00 160.00
26 BIKE PATH SIGNS EA 12 160.00 1,920.00 120.00 1,440.00 120.00 1,440.00 160.00 1,920.00
27 TYPE "L" SIGNS EA 2 160.00 320.00 100.00 200.00 ]00.00 200.00 160.00 320.00
28 BIKE CROSSING SIGNS EA 2 160.00 320.00 240.00 480.00 240.00 480.00 160.00 320.00
TOTAL BIKE PATH:
70,835.00 44,941.00 54,520.00 48,634.00
GRA/fD TOTAL: 594,276.30 595,880.50 * 60],527.20 * 615,334.35
*Corrected after tabulation
CONTRACT 91-02 1991 ANNUAL OVERLAY/DOUGHERTY ROAD BIKE PATE PAGE 3
ITEMIZATION OF WORK BAY CITIES PAVING GRANITE CONSTRUCTION GALIAGHER & BURK
BID ITEM UNiT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
ITEM DESCRIPTION MEAS. QTY. PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
ANNUAL OVERLAY
1 PLANE AC PVMT 6' WIDE LF 28,570 .87 24,855.90 .85 24,284.50 .90 25,713.00
2 PVMT FAILURE REPAIR SF 247,700 ].16 287,332.00 1.45 359~165.00 1.24 307,148.00
3 PVMT REINF FABRIC SY 53,100 .75 39,825.00 .70 37,170.00 .85 45,135.00
4 INST 1 ]/2" OVERLAY SF 749,000 .28 209,720.00 .27 202,230.00 .28 209,720.00
5 ADJ MONUMENTS TO GRADE EA 69 157.30 10,853.70 130.00 8,970.00 145.00 10,005.00
6 INSTALL 8IG DETEC LOOPS EA 17 269.50 4,581.50 400.00 6,800.00 435.00 7,395.00
7 REMV & REPL ISI~ EA 1 3,266.00 3,266.00 5,000.00 5,000.00 5,000.00 5,000.00
8 YELLOW 4" UNBROKEN LINE LF 3,512 .33 1,158.96 .35 1,229.20 .40 1,404.80
9 WHITE 6" SOLID LINE LF 3,300 .33 1,089.00 .60 1,980.00 .65 2,145.00
10 WHITE 8" SOLID LINE LF 200 .33 66.00 .80 160.00 .90 180.00
11 YELLOW DOUBLE CENTERLINE LF 6,970 .33 2,300.10 .80 5,576.00 .90 6,273.00
12 WHITE 12" SOLID LINE LF 966 2.20 2,125.20 1.50 1,449.00 1.60 1,545.60
13 YELLOW 12" SOLID LINE LF 640 2.20 1,408.00 1.50 960.00 1.60 1,024.00
14 ARROW 8' EA 12 55.00 660.00 50.00 600.00 55.00 660.00
15 SLOW SCHOOL XING EA 3 220.00 660.00 265.00 795.00 290.00 870.00
]6 STOP EA 22 55.00 ],210.00 74.00 1,628.00 80.00 1,760.00
17 25, 35 EA 6 55.00 330.00 60.00 360.00 65.00 390.00
18 STOP AHEAD EA 8 220.00 ],760.00 ]75.00 1,400.00 195.00 1,560.00
19 NONREFLECTIVE PVMT ~tARKERS EA 570 2.20 1,254.00 2.00 1,140.00 2.20 1,254.00
20 REFLECTIVE PVMT MARKERS EA 560 3.30 1,848.00 3.00 1,680.00 3.30 1,848.00
TOTAL AN~AL OVERLAY:
DOUGHERTY ROAD BIKE PATH
596,303.36 662,576.70 631,030.40
21 CLEAR & GRUB LS 1 i0,000.00 10,000.00 2,500.00 2,500.00 15,000.00 15,000.00
22F EARTHWORK CY 3,400 5.70 ]9,380.00 3.00 10,200.00 5.50 ]8,700.00
23 FIELD STAKING L8 ] 3,300.00 3,300.00 3,000.00 3,000.00 2,500.00 2,500.00
24F AC & AB BIKE PATH SEC SF 22,000 1.00 22,000.00 .75 ]6,500.00 1.30 28,600.00
25 RELOCATION OF SIGNS EA 1 176.00 176.00 ]00.00 100.00 110.00 ll0.00
26 BIKE PATN SIGNS EA 12 176.00 2,112.00 ]20.00 1,440.00 130.00 1,560.00
27 TYPE "L" SIGNS EA 2 176.00 352.00 ]00.00 200.00 110.00 220.00
28 BIKE CROSSING SIGNS EA 2 176.00 352.00 240.00 480.00 265.00 530.00
TOTAL BIKE PATH:
57,672.00 34,420.00 67,220.00
GRAND TOTAL: 653,975.36 696,996.70 698,250.40
AGREEMENT
1991 ANNUAL STREET OVERLAY/DOUGHERTY ROAD BIKE PATH
CITY OF DUBLIN CONTRACT 91-02
THIS AGREEMENT, dated for identification as of March 25, 1991, between the CITY
OF DUBLIN, a Municipal Corporation (hereinafter called "CITY"), and Les McDonald
Construction (hereinafter called "CONTRACTOR").
The parties hereto mutually agree to the terms and conditions set forth herein.
1.01 CONTRACT DOCUMENTS.
Each of the items hereinafter referred to are incorporated herein by this
reference as if set forth in full herein.
Work called for in any one Contract Document and not mentioned in another is to
be performed and executed as if mentioned in all Contract Documents. The table of
contents, titles, and headings contained herein and in said documents are solely to
facilitate reference to various provisions of the Contract Documents and in no way
affect or limit the interpretations of the provisions to which they refer.
The Contract Documents, sometimes also referred to as "the Contract," consists of
the Notice to Contractors, the completed Proposal Form submitted by the Contractor to
whom the Contract is awarded, the Instructions to Bidders insofar as they relate to
events which will occur or actions to be taken after the submission of the Proposal,
this Agreement, the Standard Specifications, the Spacial 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 City, all the work called for, and in the
manner designated in, and in strict conformity with the Contract Documents for the
project entitled: 1991 ANNUAL STREET OVERLAY PROGRAM/DOUGHERTY ROAD BIKE PATH.
1.05 CONTRACT AMOUNT AND PAYMENTS.
City agrees to pay, and Contractor agrees to accept, in full payment for the above
A - 1
work, the sum of FIVE HUNDRED FORTY SIX THOUSAND TWENTY NINE DOLLARS AND TWENTY CENTS
($546,029.20), which sum is to be paid according to the schedule and in the manner set
forth herein and subject to additions, deductions, and withholding as provided in the
Contract Documents. When it is provided in the Notice to Bidders, Instructions to
Bidders, or Proposal Form that Contractor is to be paid on the basis of the unit prices
shown in his bid, instead of a lump sum price, the Contractor agrees to accept, in
full payment for the above work, the sum computed in accordance with the actual amount
of each item of work performed or material furnished, at the unit price which Contractor
bid for each such item in his Proposal Form, said unit price to be determined as
provided in the Standard Specifications and Special Provisions.
1.06 PROGRESS AND FINAL PAYMENTS.
Subject to the terms and conditions of the Contract Documents, City shall cause
payments to be 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 15 days after approval of the contract by
the City Council of the City of Dublin and shall diligently prosecute the same to
comletion before the expiration of 45 WORKING DAYS after the date of Notice to Proceed.
The phrase "commence the work" means to engage in a continuous program on-site
including, but not limited to, site clearance, grading, dredging, land filling and the
fabrication, erection, or installation of the work. Said Notice to Proceed shall be
issued following execution of the Agreement and the filing by Contractor of the required
bonds and proof of insurance. The continuous prosecution of work by Contractor shall be
subject only to Excusable Delays as defined in this Agreement.
1.09 TIME OF COMPLETION.
The entire work shall be brought to completion in the manner provided for in the
Contract Documents on or before the 45th 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.
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 rquired 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 rights, 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.
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
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extremely difficult to fix the actual damages. Damages which City would suffer in the
event of delay include loss of the use of the Project, and in addition expenses of
prolonged employment of an architectural and engineering staff; costs of administration,
inspection, and supervision; and the loss suffered by the public within the City of
Dublin by reasons of the delay in the completion of the project to serve the public at
the earliest possible time. Accordingly, the parties hereto agree, and by execution of
this Agreement, Contractor acknowledges that he understands, has ascertained and agrees,
that the amounts set forth herein as liquidated damages shall be presumed to be the
amount of damages sustained by the failure of Contractor to complete the entire work
within the times specified.
1.16 LIQUIDATED DAMAGES.
The amount of the liquidated damages to be paid by Contractor to City for failure
to complete the entire work by the Completion Date (as extended, if applicable) will be
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 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 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.
1.18 INDEMNITY AND HOLD HARMLESS.
Contractor shall assume the defense of, and indemnify and save harmless, the City,
its officers, employees, and agents, and each and every one of them, from and against
all actions, damages, claims, losses or expenses of every type and description to which
they may be subjected or put, by reason of, or resulting from, the performance of the
work, 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
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portions of the work, except as otherwise agreed. It is specifically contemplated
that the City, its officers, employees, and invitees, will occupy and use portions of
the work prior to final acceptance. Such occupancy shall not relieve Contractor of
responsibility provided herein nor exonerate any surety or insurer of Contractor save
and except for items of routine maintenance and repair.
1.20 GENERAL LIABILITY OF CONTRACTOR.
Except as otherwise herein expressly agreed, Contractor shall do all the work and
furnish all the labor, materials, tools, power and light, and appliances, necessary or
proper for performing and completing the work herein required in the manner within the
time herein specified. The mention of any specific duty or liability of Contractor
shall not be construed as limitation or restriction of any general liability or duty of
Contractor and, any reference to any specific duty or liability shall be construed to be
for the purpose of explanation.
1.21 FAILURE TO MAINTAIN INSURANCE.
During the term of this Agreement, and until final completion and acceptance of
the work by the City, the Contractor shall maintain in full force and effect insurance
coverage in the forms and amounts specified in the Standard Specifi-cations. 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 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.
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The term "Excusable Delay" shall specifically not include: (1) any delay which
could have been avoided by the exercise of case, prudence, foresight, and diligence on
the part of Contractor; (2) any delay in the prosecution of parts of the work, which may
in itself be unavoidable but which does not necessarily prevent or delay the prosecution
of other parts of the work, nor the completion of the whole work within the time
specified; (3) any reasonable delay resulting from time required by City for review of
plans and submittals required of Contractor and for the making of surveys, measurements
and inspections; and (4) any delay arising from an interruption in the prosecution of
the work on account of the reasonable interference from other Contractors employed by
City, which does not necessarily prevent the completion of the work within the time
specified. Excusable Delays, if any, shall operate only to extend the Completion Date
(not in excess of the period of such delay as determined by the City) but shall not
under any circumstances increase the sum City is to pay Contractor as provided in these
Contract Documents.
1.24 CONTRACTOR TO SERVE NOTICE OF DELAYS.
Whenever Contractor foresees any delay in the prosecution of the work, and in
any event immediately upon the occurrence of any delay which Contractor regards as an
excusable delay, he shall notify the City Engineer in writing of the probability of such
delay and its cause, in order that the City Engineer may take immediate steps to prevent
if possible the occurrence or continuance of the delay, or if this cannot be done, may
determine whether the delay is to be considered excusable, how long it continues, and to
what extent the prosecution and completion of the work are delayed thereby. Said notice
shall constitute an application for an extension of time only if the notice requests
such an extension and sets forth Contractor's estimate of the additional time required
together with a full description of the cause of the delay relied upon.
After the completion of any part or whole of the work, the City Engineer, in
estimating the amount due 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 Contract; and, during an extension which may have been granted because
of an excusable delay or delays, City shall not charge liquidated damages against
Contractor for such delay.
1.26 EXTENSION OF TIME DOES NOT WAIVE CITY'S RIGHTS.
The granting of any extension of time on account of delays which in the judgment
of the City Engineer are excusable delays shall in no way operate as a waiver on the
part of City of its rights under this Contract excepting only the extension of the
Completion Date.
1.27 NO PAYMENT FOR DELAYS.
No damages or compensation of any kind shall be paid to Contractor or any
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subcontractor because of delays in the progress of the work whether such delays qualify
for extension of time under this Agreement or not.
Contractor waives all claims against City, its officials and employees, for any
loss or damage sustained by reason of delays beyond the Completion Date arising out of
modifications of this Agreement, including modifications deemed necessary or desirable
by City for the correction of errors or omissions in the Contract Documents.
1.28 CHANGES IN THE WORK.
Changes in the work made pursuant to changes issued in accordance with the
Standard Specifications and extensions of time of completion made necessary by reason
thereof (beyond the Completion Date) shall not in any way release any guarantee given by
Contractor pursuant to the provisions of the Contract Documents, or the Contract let
hereunder, nor shall such changes in the work relieve 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, all
as specified in Section 1.31.
1.31 TERMINATION FOR BREACH OF CONTRACT.
If Contractor should abandon the work under this Contract, or if the Contract or
any portion of the Contract should be sublet or assigned without the consent of the City
Council, or if the City Engineer should be of the opinion that the conditions of the
Contract in respect to the rate of progress of the work are not being fulfilled or any
part thereof is unnecessarily delayed, or if Contractor should wilfully violate or
breach, or fail to execute in good faith, any of the terms or conditions of the
Contract, or if Contract 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.
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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 therof 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 from City and the cost of completing 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth opposite their names.
Date: CONTRACTOR:
By
Date:
Title
C~TY OF DUBLIN, A Municipal Corporation
ATTEST:
By
Mayor
ORIGINAL APPROVED AS TO FORM:
City Clerk
City Attorney
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