HomeMy WebLinkAboutItem 4.02 HeathornCCtrHVAC02-14 CITY CLERK
File # 600-35
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 5, 2002
SUBJECT: Award of Bid, Contract 02-14 Civic Center HVAC (Heating,
Ventilating, Air Conditioning) Renovation, to N. V. Heathorn, Inc.
Report Prepared by: Lee S. Thompson, Public }Forks Director
ATTACHMENTS: Resolution
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RECOMMENDATION: opt resolution awarding Contract 02-14 to N. V. Heathorn, Inc.
FINANCIAI~EMENT: The construction budget for this project is as follows:
General Fund $ 975,410
Internal Service Fund $ 121,000
Total: $1,096,410
Prior purchase of material ($ 511,657)
Balance: $ 584,753
Bids received were as follows:
N. V. Heathorn $271,132
Martinez Sheet Metal $294,265
ACCO $429,000
Allied Heating & Air $497,678
· DESCRIPTION: ~ At the October 1, 2002, meeting, the City Council authorized Staff
to advertise Contract 02-14 for bids. This project would replace the existing rooftop HVAC units at the
Civic Center with updated and more efficient units, make modifications to the ducting system for better
airflow, and install an energy management system to enable Staff to optimize system performance and
reduce energy usage.
As noted in the Financial Staterrt(nt above, the City Council previously approved issuance of a purchase
order for the HVAC units in order to meet a manufacturing deadline. The units have been ordered and are
expected to arrive at the end of November.
A total of four bids were received. The low bidder is N. V. Heathorn, Inc., with a bid of $271,132. Staff
has reviewed the bid documents received, is familiar with the low bidder's work, and recommends
awarding Contract 02-14 to N. V. Heathorn, Inc.
COPIES TO: Bidders
ITEM NO.
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RESOLUTION NO. -02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AWARDING CONTRACT 02-14
CIVIC CENTER HVAC REPLACEMENT
TO N. V. HEATHORN, INC.
WHEREAS, the City of Dublin did, on October 21, 2002, publicly open, examine, and
declare all sealed bids for doing the work described in the approved Plans, Specifications, and
Modifications for Contract 02-14, Civic Center HVAC Replacement, authorized by the City Council on
October 1, 2002, 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 recommended that the
bid hereinafter mentioned is the lowest and best bid for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby award City of Dublin Contract 02-14 to the lowest responsible bidder therefor, to wit N. V.
Heathorn, Inc. with a bid of Two Hundred Seventy One Thousand, One Hundred Thirty-Two Dollars
($271,132), the particulars of which bid are on file in the Office of the City Engineer.
PASSED, APPROVED AND ADOPTED this 5th day of November, 2002.
AYES:
NOES:
ABSENT:
ABSTAINING:
Mayor
ATTEST:
City Clerk
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CIVIC CENTER HVAC RENOVATION PROJECT
DOCUMENT 00500
AGREEMENT
CITY OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568
The City of Dublin, ("City") enters into this agreement, dated for reference purposes only, with N. V.
Heathorn, Inc. ("Contractor")
BACKGROUND
1. NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:15 p.m. on
October 21, 2002, for the Dublin Civic Center HVAC Renovation project by published notice
and/or posting in accordance with California Public Contract Code Section 20164 and other
applicable law.
2. BID OPENING. On October 21, 2002, City representatives opened the bids for the Civic Center
HVAC Renovation Project and read the bids aloud.
3. PROJECT AWARD. On November 5, 2002, the City Council awarded the Civic Center HVAC
Renovation Project to the Contractor and directed City staff to send the Contractor written notice
of award of the project. The City Council conditioned award of the project on the Contractor's
providing executed copies of all documents specified in the contract check list included in the bid
package within ten (10) working days of receiving written notice of award of the project.
4. REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all
documents specified in the contract check list included in the bid package within ten (10) working
days of receiving written notice of award.
AGREEMENT TERMS
The City and the Contractor agree as follows:
1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material
labor, and skill necessary to perform and complete in a good and workmanlike manner the Dublin
Civic Center HVAC Renovation project ("Work") as shown in the Technical Specifications and
Project Plans in accordance with the Contract Documents and applicable law.
2. LOCATION OF WORK.
The Work will be performed at the following location: 100 Civic Plaza, Dublin, CA.
AGREEMENT
CIVIC CENTER HVAC RENOVATION PROJECT
3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the
Contract Documents within Sixty (60) working days from the date specified in.the City's Notice to
Proceed ("Time for Completion").
4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to
fully perform the Work in accordance with the Contract Documents by the Time for Completion,
as such time may be amended by change order or other modification to this agreement in
accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully
perform all of the Contractor's obligations under this agreement that have accrued by the Time for
Completion, the Contractor .will become liable to the City for all resulting loss and damage in
accordance with the Contract Documents and applicable law. The City's remedies for the
Contractor's failure to perform include, but are not limited to, assessment of liquidated damages of
$2500.00 per day in accordance with California Government Code Section 53069.85 and the
Contract Documents, and/or obtaining or providing for substitute performance in accordance with
the Contract Documents.
5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of
the Work in accordance with the Contract Documents and in consideration of the fulfillment of all
of the Contractor's obligations under the Contract Documents, the City will pay the Contractor in
lawful money of the United States the total price of Two Hundred Seventy One Thousand, One
Hundred Thirty Two Dollars ($271,132) (the "Contract Price") as specified in the Contractor's
completed Bid Schedule dated October 21, 2002, and attached to and incorporated in this
agreement. Payment to the Contractor under this agreement will be for Work actually performed
in accordance with the Contract Documents and will be made in accordance with the requirements
of the Contract Documents and applicable law. The City will have no obligation to pay the
Contractor any amount in excess of the Contract Price unless this agreement is first modified in
accordance with its terms. The City's obligation to pay the Contractor under this agreement is
subject to and may be offset by charges that may apply to the Contractor under this agreement.
Such charges include, but are not limited to, charges for liquidated damages and/or substitute
performance in accordance with the Contract Documents.
6. PREVAILING WAGES. In accordance with California Labor Code Section 1771, not less than
the general prevailing rate of per diem wages for work of a similar character in the locality in
which the Work is to be performed, and not less than the general prevailing rate of per diem wages
for holiday and overtime work fixed as provided in the California Labor Code must be paid to all
workers engaged in performing the Work. In accordance with California Labor Code Section 1770
and following, the Director of Industrial Relations has determined the general prevailing wage per
diem rates for the locality in which the Work is to be performed. In accordance with California
Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and
the general rate for holiday and overtime work in the locality in which the Work is to be performed
for each craft, classification or type of worker needed to perform the project. In accordance with
California Labor Code Section' 1773.2, .copies of the prevailing rate of per diem wages are on file
at the City Public Works Department and will be made available on request. Throughout the
performance of the Work the Contractor must comply with all provisions of the Contract
Documents and all applicable laws and regulations that apply to wages earned in performance of
the Work.
AGREEMENT
00 00-:
CIVIC CENTER HVAC RENOVATION PROJECT
7. THE CONTRACT DOCUMENTS. This agreement consists of the following documents
("Contract Documents"), all of which are incorporated into and made a part of this agreement as if
set forth in full. In the event of a conflict between or among the Contract Documents, precedence
will be in the following order:
7.1 This agreement and change orders and other amendments to this agreement signed by
authorized representatives of the City and the Contractor.
7.2 The General Conditions and change orders and other amendments to the General
Conditions signed by authorized representatives of the City and the Contractor.
7.3 The Technical Specifications, addenda to the Technical Specifications signed by
authorized representatives of the City and issued prior to.bid opening, Equal Product
Proposals accepted by the City and signed by authorized City representatives prior to bid
opening, and change orders and other amendments to the Technical Specifications signed
by authorized representatives of the City and the Contractor.
7.4 The Project Plans, addenda to the Project Plans signed by authorized representatives of the
City and issued prior to bid opening, Equal Product Proposals accepted by the City and
signed by authorized City representatives prior to bid opening, and change orders and other
amendments to the Project Plans signed by authorized representatives of the City and the
Contractor.
7.5 Notice Inviting Bids
7.6 Instructions to Bidders
7.7 The successful bidder's completed Proposal Cover Page and Bid Schedule
7.8 The successful bidder's completed Contractor License Information
7.9 The successful bidder's completed List of Proposed Subcontractors
7.10 The successful bidder's Workers Compensation Insurance Certification
7.11 The successful bidder's completed Non-collusion Affidavit
7.12 The successful bidder's Debarment Certification
7.13 The successful bidder's completed Certificates of Insurance and Endorsements
7.14 The successful bidder's executed Performance Bond
7.15 The successful bidder's executed Payment Bond
7.16 The Maintenance Bond form included in the bid package that the Contractor must execute
prior to release of final payment under the Contract
7.17 The successful bidder's Qualification Statement, if any
7.18 The successful bidder's signed Signature Form
8. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the .intent or
meaning of any provision of the Contract Documents, including, but not limited to, the Technical
Specifications or Project Plans, must be submitted to the Project Manager for issuance of an
interpretation and/or decision by the authorized City representative in accordance with the
requirements of the Contract Documents. Interpretations or decisions by any other person
concerning the Contract Documents will not be binding on the City.
9. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this agreement, or
any moneys due or to become under this agreement, or any other right or interest of the Contractor
under this agreement, or delegate any obligation or duty of the Contractor under this agreement
without the prior written approval of an official authorized to bind the City and an authorized
represenfative of Contractor's surety or sureties. Any such purported assignment or delegation
without such written approval on behalf of the City and the Contractor's sureties will be void and a
AGREEMENT
CIVIC CENTER HVAC RENOVATION PROJECT
material breach of this agreement subject to all available remedies under this agreement and at law
and equity.
10. CERTIFICATION RE CONTRACTOR'S LICENSE. By signing this Agreement the Contractor
certifies that the Contractor holds a valid Type A and B license issued by the California State
Contractors Licensing Board, and-that the Contractor understands that failure to maintain its
license in good standing throughout the performance of the Work may result in discipline and/or
other penalties pursuant to the California Business and Professions Code, and may constitute a
material breach of this agreement subject to all available remedies under this agreement and at law
and equity.
11. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is
declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and
Provisions or portions of terms or provisions will not be affected thereby and will remain in full
force and effect.
Executed on , ., by
CONTRACTOR CITY
By:. By:
Title: Title:
[Attach Notary Page] Attest:
By:
City Clerk
END OF SECTION
AGREEMENT