HomeMy WebLinkAboutItem 4.08 TrafSignalCableDubBl CITY CLERK
File # ~-'~J~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: DeCember 3, 2002
SUBJECT: Request to Waive Competitive Bid Process and Approve
Construction Services Agreement with Manuel Bros., Inc., for
Repair of Traffic Signal Interconnect Cable on Dublin Boulevard
Report Prepared by: Lee Thompson, Public Works Director
ATTACHMENTS: 1) Resolution
2) Construction Services Agreement
3) Budget Change Form
RECOMMENDATION: / 1) Establish a new Capital Improvement Project
2) Adopt Resolution authorizing the waiving of the competitive
bid process and approving the Construction Services
Agreement with Manuel Bros., Inc., to repair damaged
underground Fiber-Optic Traffic Signal Interconnect Cable
on Dublin Boulevard.
3) Approve budget change
FINANCIAL STATEMENT: It is estimated that the cost to repair the damaged fiber-optic cable is
$30,200. Funds required for this repair are not included in the City's
budget. Staff proposes that Council appropriate $30,200 from Gas
Tax reserves to fund a new CIP project to perform this repair work.
DESCRIPTION: Manuel Bros., Inc., was retained by the City of Pleasanton in January
2002 to install the Fiber-Optic communications systems for the 1-580 Smart Corridor project, based on a
competitive bid process administered by Pleasanton. The contractor recently completed installation of the
fiber-optic interconnect cable in Dublin, Livermore and Pleasanton, which links the recently installed
traffic operations centers (TOC) in all three cities and provides communications between each TOC and
traffic devices located in the field, including traffic signals and traffic monitoring cameras.
The fiber-optic network installation included a recently installed underground conduit along Dublin
Boulevard between the Dublin TOC at City Hall and the intersection of Dublin Boulevard/Dublin Court.
This new conduit was installed as a change order to the initial 1-580 Smart Corridor contract to use an
existing interconnect conduit to pull the fiber-optic cable along Dublin Boulevard between City Hall and
Dublin Court, as the existing conduit was found to be blocked at several locations. Manuel Bros. installed
the new conduit and used existing interconnect conduit along Dublin Boulevard east of Dublin Court to
COPIES TO: Logan Teal, Manuel Bros., Inc. ,t'/ ~all~
ITEM NO.
GA1-580 Smart Corridor~agst_fiber damage repair_updated2.doc
pull the fiber-optic cable between the TOC and Hacienda Drive. This interconnect cable was installed to
provide central communications with the traffic signals and cameras along Dublin Boulevard.
On November 5, 2002, the Dublin San Ramon Services District (DSRSD) was installing a 36-inch
waterline across Dublin Boulevard, immediately west of Dublin Court, by underground directional boring
at approximately 6 feet below ground level. During the directional boring process, the newly installed
fiber-optic interconnect cable was hit, causing major damage to the cable.
The DSRSD contractor did call the City to mark the City's underground lines, however, the damaged line
had been relocated from its design location because ora conduit blockage. The County Staff who install
Underground Service Alert (USA)markings for the City marked the design location and did not mark the
location to which the interconnect line had been moved. The Smart Corridor contractors had not, at that
time, prepared as-built plans, which would be added to the City's database. The DSRSD contractors did
not realize that the DSRSD work was in conflict with the new fiber-optic cable, as they were only
obligated to look for USA markings to avoid underground utilities. City Staff recommends that the City
pay for the repair work of the fiber-optic cable based on the following facts: -(1) the cable is City-owned,
(2) County Staff acted in good faith and in a responsive manner to accommodate the City's request to
mark the cable, even though the wrong location was actually marked, and (3) it is imperative that the
repair work be completed in an expedited manner so as to minimize further delays to the completion of
the 1-580 Smart Corridor project.
Most of the hardware and software installations on the Smart Corridor project have been completed. The
remaining work on this project consists of testing TOC communications with field devices and ensuring
the proper flow of traffic data and video feed into the TOC. This project was scheduled for completion by
the end of 2002. However, with the loss of the fiber-optic interconnect cable, the City has been unable to
conduct any communications testing, which has affected the progress of the 1-580 Smart Corridor project.
As a result, completion of this project could be delayed to the end of February 2003.
In order to minimize the delay to the 1-580 Smart Corridor project and ensure that the damaged fiber-optic
cable is repaired in an appropriate fashion without compromising or diminishing the overall performance
of the Smart Corridor system, Staff proposes retaining the services of Manuel Bros. to perform the repair
work on an expedited basis by waiving the competitive bid process. Staff proposes that Gas Tax reserves
be appropriated to fund a new CIP project to perform the repair work.
Manuel Bros. could perform this repair work on a Time-and-Materials basis at an amount not to exceed
$30,200 (see Option 1 cost estimate in Attachment 2). The actual work should be completed within a
period of two days, once the fiber is delivered, and the system communications will be restored shortly
thereafter. The repair work will involve installing approximately 200 feet of new conduit by directional
boring, replacing existing interconnect pull boxes, installing approximately 500 feet of damaged fiber-
optic cable, and splicing the new cable to the existing cable that was not impacted by the damage to the
fiber.
Staff recommends that the City Council establish a new Capital Improvement project, adopt the
Resolution authorizing the waiving of the competitive bid process and approving the Construction
Services Agreement with Manuel Bros., Inc., to repair a damaged underground fiber-optic traffic signal
interconnect cable on Dublin Boulevard, and approving the budget change to fund the repair work.
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING WAIVER OF COMPETITIVE BID AND APPROVING CONSTRUCTION SERVICES
AGREEMENT WITH MANUEL BROS., INC., TO REPAIR DAMAGED UNDERGROUND FIBER-
OPTIC TRAFFIC SIGNAL INTERCONNECT CABLE ON DUBLIN BOULEVARD
WHEREAS, Manuel Bros., Inc., has completed installation of the fiber-optic traffic signal
interconnect network in the Cities of Dublin, Livermore and Pleasanton, as part of the 1-580 Smart
Corridor Deployment Project; and
WHEREAS, the said fiber-optic network installation included the installation of new underground
conduit along Dublin Boulevard between the Dublin Traffic Operations Center (TOC), located at the
Civic Center, and Dublin Court; and
WHEREAS, during the installation of a waterline by Dublin San Ramon Services District
(DSRSD) across Dublin Boulevard in the vicinity of Dublin Court, the fiber-optic conduit and cable was
damaged; and
WHEREAS, the 1-580 Smart Corridor project is nearing completion, and the loss of the fiber-
optic interconnect cable has delayed the progress of the 1-580 Smart Corridor Project; and
WHEREAS, it is important to repair the damaged fiber-optic interconnect cable on an expedited
basis to minimize further delays and ensure that the damaged cable is repaired in an appropriate fashion
without compromising or diminishing the overall performance of the Smart Corridor .system; and
WHEREAS, Manuel Bros., Inc., is the best qualified contractor to conduct the interconnect cable
repair on an expedited basis and preserve the overall performance of the 1-580 Smart Corridor system;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby waive the competitive bid process and approve the Construction Services Agreement with Manuel
Bros., Inc., to repair damaged underground fiber-optic traffic signal interconnect cable on Dublin
Boulevard
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 3rd day of December, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Mayor
t.
City Clerk -
CONSTRUCTION SERVICES AGREEMENT WITH MANUEL BROS., INC.,
FOR REPAIR OF DAMAGED UNDERGROUND FIBER-OPTIC TRAFFIC SIGNAL
INTERCONNECT CABLE ON DUBLIN BOULEVARD
THIS AGREEMENT, dated for identification as of December 3, 2002, between the CITY
OF DUBLIN, a Municipal Corporation (hereinafter called "CITY"), and Manuel Bros., Inc.
(hereinafter called "CONTRACTOR").
The parties hereto mutually agree to the terms and conditions set forth herein.
1.01 DEFINITIONS.
Unless otherwise specifically provided herein, all words and phrases defined in the
State of California Department of Transportation Standard Specifications shall have the same
meaning and intent in this Agreement.
1.02 SCOPE OF AGREEMENT.
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, 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 this Agreement for the project entitled: REPAIR OF DAMAGED
UNDERGROUND FIBER-OPTIC TRAFFIC SIGNAL INTERCONNECT CABLE ON DUBLIN
BOULEVARD. Contractor shall perform the work described under "Option 1:2 Splices" in
Appendix A to this Agreement.
.03 CONTRACT AMOUNT AND PAYMENTS.
City shall pay Contractor for work to be performed pursuant to this Agreement at the
hourly rates listed in Appendix A to this Agreement for an amount not to exceed the total sum of
THIRTY THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($30,200.00), 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 this Agreement. Contractor shall submit
invoices based on the cost for construction services performed on a time and materials basis
and in accordance with the cost eStimate for Option 1 listed in Appendix A to this Agreement.
1.04 PROGRESS AND FINAL PAYMENTS.
Subject to the terms and conditions of this Agreement, City shall cause payments to be
made upon demand of Contractor in the manner set forth in the Standard Specifications.
1.05 RETENTION OF SUMS CHARGED AGAINST CONTRACTOR.
When, under the provisions of this Agreement, 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 Agreement, 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.
1.06 . COMMENCEMENT AND PROSECUTION OFWORK.
The Contractor shall begin work within TEN (10) working days of the date of the Notice
to Proceed and shall diligently prosecute the same to completion before the expiration of
THIRTY (30) 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, trenching, boring, 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.
1.07 TIME OF COMPLETION.
The entire work shall be brought to completion in the manner provided for in this
Agreement on or before the THIRTIETH (30th) 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 this Agreement
1.08 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, including, but not limited to, any adverse impacts to the overall quality and
performance of the communications systems for the 1-580 Smart Corridor project, resulting from
the splicing work of the damaged fiber-optic interconnect cable performed under this
Agreement.
1.09 ACCEPTANCE NOT RELEASE.
Contractor shall correct immediately any defective or imperfect work which may be
discovered before final acceptance of the entire work, including, but not limited to, any adverse
impacts to the overall, quality and performance of the communications systems for the 1-580
Smart Corridor project, resulting from the splicing work of the damaged fiber-optic interconnect
cable performed under this Agreement, Any unsatisfactory Work or 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
Page A-2
from recovering damages or of such a sum of money as may be required to build anew all
portions of the work in which fraud was practiced or improper materials used whenever City may
discover the same.
1.10 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 Agreement.
1.11 CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN
PART.
Without limitation of Paragraph 1.17 whatsoever, the City of Dublin shall have the right
at any time to enter upon the work and perform work not covered by this Agreement, 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 Agreement.
Such use or occupation of the work shall not be construed as an acceptance of any
portion of the work under this Agreement, nor shall it affect the dates and times when payments
shall become due nor prejudice City's right, guarantees, or sureties.
1.12 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.
1.13 DETERMINATION OF DAMAGES.
The actual fact of the occurrence of damages and the actual amount of the damages
which City would suffer if the work were not completed within the specified times set forth are
dependent upon many circumstances and conditions which could prevail in various
combinations, and from the nature of the project, it is impracticable and extremely difficult to fix
the actual damages. Damages which City would suffer in the event of delay include loss of the
use of the Project, and in addition expenses of prolonged employment of an architectural and
engineering staff; prolonged completion of the work on the 1~580 Smart Corridor project; 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,
'Page A-3
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.
1.14 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.
1.15 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.
1.16. 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.
1.17 CONTRACTOR SHALL ASSUME RISKS.
Until the completion and final acceptance by City of all work under this Agreement, 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
Page A-4
Contractor of responsibility provided herein nor exonerate any surety or insurer of Contractor
save and except for items of routine maintenance and repair.
1.18 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.
1.19 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 Agreement, Contractor fails to maintain any item of required insurance in full
force and effect, Contractor shall immediately discontinue all work under the Agreement 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.
1.20 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 Agreement beyond the required Completion Date
herein specified, such extensions shall in no way release any guarantee given by ContraCtor
pursuant to the provisions of this Agreement, 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.
1.21 EXCUSABLE DELAYS.
For the purpose of this Agreement, 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.
Page A-5
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 thesis Agreement.
1.22 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.
1.23 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
Agreement; 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.
1.24 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 Agreement excepting only the extension of the Completion Date.
Page A-6
1.25 NO PAYMENT FOR DELAYS.
No damages or compensation of any kind shall be paid to Contractor or any
subcontractor because of delays .in the progress of the work whether such delays qualify for
extension of time under this Agreement or not.
Contractor waives all claims against City, its officials and employees, for any loss or
damage sustained by reason of delays beyond the Completion Date arising out of modifications
of this Agreement, including modifications deemed necessary or desirable by City for the
correction of errors or omissions in the Agreement.
1.26 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 this Agreement, 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 [o any
extension of time made by reason thereof:
1.27 TERMINATION AFTER COMPLETION DATE.
In addition to any other rights it may have, City may terminate this Agreement 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.
1.28 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 Agreement and
complete the work by giving notice to Contractor and his Surety according to the provisions of
Section 1.29. COntractor's Surety shall have the right to complete the work by commencing
thirty (30) days as specified in Section 1.29. 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
workl all as specified in Section 1.29.
1.29 TERMINATION FOR BREACH OF CONTRACT.
If Contractor should abandon the work under this Agreement, or if the Agreement 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 Agreement in respect to the
rate of progress of the work are not being fulfilled or any part thereof is unnecessarily delayed,
Page A-7
or if Contractor should willfully violate or breach, or fail to execute in good faith, any of the terms
or conditions of the Agreement, 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
Agreement 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 Agreement shall upon expiration of said ten (10) calendar days cease
and terminate. In the event of any such termination, City shall immediately serve notice thereof
upon the Surety and Contractor; and the Surety shall have the right to take over and perform the
Contract, provided, however, that if the Surety does not commence performance thereof within
thirty (30) days from the date of the mailing to such Surety of notice of termination, City may
take over the work and prosecute the same to completion by Agreement, or otherwise, for the
account and at the expense of Contractor, and his Surety shall be liable to City for any excess
cost occasioned City thereby, as hereinafter set forth.
In the event City completes the work, or causes the work to be completed, as aforesaid,
no payment of any sum shall be made to Contractor until the work is complete. The cost of
completing the work, including but not limited to, extra contract costs, the costs of City forces,
extra costs of administration and management incurred by City, either direct or indirect, shall be
deducted from any sum then due, or which becomes due, to Contractor from City. If no sum
sufficient to pay the difference between sums due to Contractor and the cost of completing the
work, and there is a sum remaining due to Contractor after City deducts the aforementioned
costs of completing the work, then City shall thereupon pay such sum to Contractor and his
Surety.
No act by City before the work is finally accepted, including but not limited to, exercise
of other rights under the Agreement, 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 Agreement 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 Agreement. 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.
1.30 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
Page A-8
supersede notice requirements otherwise provided by contract for the filing of
claims.
(b) (1) For claims of less than $50,000 the City shall respond in writing to the
written claim within 45 days of receipt, or may request, in writing, within
30 days of receipt, any additional documentation supporting the claim
or relating t° defenses for claims the City may have against the
Contractor.
(2) If additional information is required, it shall be requested and provided
pursuant to the subdivision upon mutual agreement of the City and the
Contractor (hereafter "claimant").
(3) The City's written response to the claim, as further documented shall be
submitted to the claimant within 15 days after receipt of the further
'documentation or within a period of time no greater than that taken by
the claimant in producing additional information, whichever is greater.
(c) (1) 'For claims over $50,000 and less than or equal to $375,000 the City
shall respond in writing to all written claims within 60 days of receipt, or
may request, in writing, within 30 days of receipt, any additional
documentation supporting the claim or relating to defenses of claims
the City may have against the claimant.
(2)' If additional information is thereafter required, it shall be requested and
provided pursuant to the subdivision upon mutual agreement of the City
and the claimant.
(3) The City's written response to the claim, as further documented, shall
be submitted to the claimant within 30 days after receipt of the further
documentation, or within a period of time no greater than that taken by
the claimant in producing additional information or requested
documentation, which is greater.
(d) If the claimant disputes the City's written response, or the City fails to respond
within the time described, the claimant may so notify the City in writing, either
within 15 days of receipt of the City's response or within 15 days of the City's
failure to respond Within the time prescribed, respectively, and demand an
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
Page A-9
pursuant to subdivision (a) until the time the claim is denied, including any
period, of time utilized by the meet and confer conference.
2. For any civil action filed '.to resolve a claim of $:375,000 or less which arises
between Contractor "claimant") and City, the following procedures are established:
(a) Within 60 days, but no earlier than 30 days, following the filing of responsive
pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties. Mediation process shall provide
for the selection within 15 days by both parties of a disinterested third person as
mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a
time requirement is extended upon a good cause showing to the court.
(b) (1) If the matter remains in dispute the case shall be submitted to judicial
arbitration. The Civil Discovery Act of 1986 shall apply to any
proceeding brought 'under this subdivision consistent with the rules
pertaining to judicial arbitration.
(2) Arbitrators shall, when possible, be experienced in construction law,
and any party appealing an arbitration award who does not obtain a
more favorable judgment shall, in addition to payment of costs and
fees, also pay the attorneys fees on appeal of the other party.
(3) The City shall pay interest at the legal rate on any arbitration award or
judgment. The interest shall begin to accrue on the date the suit is filed
in a court of law.
$. 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.
Page 10
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: ORIGINAL APPROVED AS TO FORM:
City Clerk City Attorney
Page 11
WARRANTY
To the CITY OF DUBLIN, FOR CONTRACT NO.. , REPAIR OF A DAMAGED
UNDERGROUND FIBER-OPTIC TRAFFIC SIGNAL IN:I-ERCONNECT CABLE ON DUBLIN ..
BOULEVARD
The undersigned Warranties 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 THREE YEARS 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.
Warranty on the spliced fiber-optic traffic signal interconnect cable shall be FIVE YEARS from
date of acceptance.
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 warranty,
the City shall be entitled to all costs and expenses, including attorney's fees.
Signature of Contractor
Page 12
CERTIFICATION OF INSURANCE
Issued to the City of Dublin
WHEREAS, MANUEL BROS., INC., has been awarded a contract with the City of Dublin as
follows:
REPAIR OF A DAMAGED UNDERGROUND FIBER-OPTIC
TRAFFIC SIGNAL INTERCONNECT CABLE ON DUBLIN BOULEVARD
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 required 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 or policies described below, that the same
are in force at this time and that thefollowing 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 coverage 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:
Page 13
Coverage for Which Limits of
Insurance is Afforded Liability Policy No.* Policy No.**
Workers" Compensation & Compensation
Employer's Liability Statutory
Bodily Injury Liability $500,000
except automobile each person
$1,000,000
ea. occurrence
Property Damage $100,000 each
Liability 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 "XCU 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 BF.
NOTED BELOW:
Page A- 14
In executing this certificate, representative certified that he has authority to do so for the
Company.
Dated: ,2002
Company
BY:
Authorized Representative
APPROVED AS TO FORM:
Address
City Attorney City
City of Dublin
Telephone Number
Page A-15
PERFORMANCE BOND
(To Accompany Contract)
Bond No.
WHEREAS, the City of Dublin, hereafter referred to as "Obligee," has awarded to Contractor,
MANUEL BROS., INC., hereafter referred to as "Principal," a contract for the work described as
follows:
REPAIR OF A DAMAGED UNDERGROUND FIBER-OPTIC
TRAFFIC SIGNAL INTERCONNECT CABLE ON DUBLIN BOULEVARD
CONTRACT NO.
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: ,2002
Correspondence or claims relating to this bond should be sent to the surety at the following
address:
Principal
S u rety
Attorney-ln-Fact
NOTE: Signatures of those executing for the Surety must be properly acknowledged and a Power of Attorney
attached.
Page 16
PAYMENT BOND
(Civil Code Section 3247)
Bond No.
WHEREAS, the City of Dublin, hereafter referred to as "Obligee," has awarded to Contractor,
MANUEL BROS., INC., hereafter referred to as "Principal," a contract for the work described as
follows:
REPAIR OF A DAMAGED UNDERGROUND FIBER-OPTIC
TRAFFIC SIGNAL INTERCONNECT CABLE ON DUBLIN BOULEVARD
CONTRACT NO.
AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to
secure the payment of claims of laborers, mechanics, materialmen, and other persons as
provided by law.
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 or its subcontractors
shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by such claimant, or
any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from
the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of
the Revenue and Taxation Code, with respect to such work and labor, that the Surety herein will
pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void. In case suit is brought upon this bond, the Surety will pay a
reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as
to give a right of action to such persons or their assigns in any suit brought upon this bond.
Dated: ,2002
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.
G:11-580 Smart Corridor~AGREEMENT_fiber damage repair, doc
Page 17
Appendix A
Page A-18
~ANU£L ~RO$., I~¢.
General Engifleering Cofltractor
A Quanta Services Core,any
P.O. Box 995
908 Tay/orv///e Rd., Suite 104
Grass Va//ey, CA 95949
(530) 272-4213
FAX (530) 272-3815
License No. 380718
November 11, 2002
Mr. Ray Kuzbari
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Fiber Repair
Mr. Kuzbari,
The following is MBI's proposal to repair the fiber damage on Dublin Blvd, per our
conversation.
Option 1:2 Splices
Provide and place 1-2" HDPE by directional drill: 170' ~ $50/ff = $8,500.00
Provide and place splices/casings (includes testing): 1 Lump sum ~ $5,700.00
Remove and replace #6 pull boxes in concrete sidewalk: 2ea ~ $3,500/ea = $7,000.00
Relocate existing #6 Pull box in front of Dublin TOC in dirt: lea ~$3,000.00 = $3000.00
Provide and place 48 fiber: 500' ~ $12/ft = $6,000.00
Grand Total, Option 1:$30,200;00
Option 2: I Splice
Provide and place 1-2" HDPE by directional drill: 170' ~ $50/ft = $8,500.00
Provide and place splices/casings (includes testing): 1 Lump sum ~ $5,700.00
Remove and replace #6 pull boxes in concrete sidewalk: 2ea @ $3,500/ea = $7,000.00
Relocate existing #6 Pull box in front of Dublin TOC in dirt: 1 ea 653,000.00 = $3000.00
Provide and place 48 fiber: 2000' ~ $6/ff = $12,000.00
Grand Total, Option 1: $36,200.00
The above items shall serve as the total scope of work for this project. Any additional
work shall incur additional cost. Prices include all labor, materials, and equipment to
perform the above scope of work, including any restoration necessary as a result of this
work.
Page 1/2
Please note that MBI may require a lead time of as many as 3 weeks to order and receive
certain materials, especially the 48 fiber. Please do not hesitate to call me at 530-272-
4213 with any questions.
Sincerely,
Logan R. Teal
Manuel Bros., Inc.
Page 2/2
Manuel Bros., Inc.
Cost Breakdown- Dubin Fiber Repair
This cost breakdown corresponds to the MBI proposal dated 11/11/02
Option 1: Labor Equip. Materials Subs Total
Provide and place 1-2" HDPE by directional drill: $4,250.00 $3,100.00 $1,150.00 . $0.00 $8,500.00
Provide and place splices/casings: $0.00 $0.00 $0.00 $5,700.00 $5,700.00
Remove and replace #6 boxes in C/C $3,500.00 $2,000.00 $1,500.00 $0.00 $7,000.00
Relocate existing #6 pull box in dirt area: $1,500.00 $1,000.00 $500.00 $0.00 $3,000.00
Provide and place 48 fiber: $3,000.00 $1,500.00 $1,500.00 $0.00 $6,000.00
Option 2: Labor Equip. Materials Subs Total
Provide and place 1-2" HDPE by directional drill: $4,250.00 $3,100.00 $1,150.00 $0.00 $8,500.00
Provide and place splices/casings: $0.00 $0.00 $0.00 $5,700.00 $5,700.00
Remove and replace #6 boxes in C/C $3,500.00 $2,000.00 $1,500.00 $0.00 $7,000.00
Relocate existing #6 pull box in dirt area: $1,500.00 $1,000.00 $500.00 $0.00 $3,000.00
Provide and place 48 fiber: $4,300.00 $2,000.00 $5,700.00 $0.00 $12,000.00
Labor Hours: Drill Assume one 12 hour dayand one 4.hour day with a Short crew for restoration
Rate Reg Hours Total Reg OT Rate OT Hours OT Total
Foreman $44.78 12 $537.36 $67.17 4 $268.68
Operator $43.78 12 $525.36 $65.67 4 $262.68
Laborer $30.77 12 $369.24 $46.16 4 $184.64
Laborer $30.77 8 $246.16 $46.16 4 $184.64
$1,678.12 $900.64
Total: $2,578.76
Labor Burden: 1.30 or 30%
$2,578.76
$3,352.39
Overhead: 1.1 or 10%
$3,352.39
$3,687.63
Profit: 1.15 or 15%
$3,687.63
Grand Total: $4,240.77
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required): Budget Transfers:
__X__ From unappropriated ReserVes From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
From New Revenues Between Deparlrnents (City Council Approval Required)
Other
Name: Name: Signal Interconnect Cable Repair $30,200
(Expense)
Account #:
Account#: 206-96081-750-050
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
FinMgr/ASD: ~~ ~ Date: k\/-~-~_
Signature
REASON FOR BUDGET CHANGE ENTRY:
To repair a damaged underground fiber-optic traffic signal interconnect cable on Dublin Boulevard.
City Manager: Date:
Signature
Mayor: Date:
Signature
Posted By: ...... ~' ''~ ~'~ ........... :: ~
Si~at~e ..................................
G:[b580 Smart CorridorlBUDGC~flG~ber damage re, air. DOC