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HomeMy WebLinkAboutReso 16-12 Civic Ctr Generator Purch RESOLUTION NO. 16 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AWARDING CONTRACT NO. 11-13, CIVIC CENTER GENERATOR EQUIPMENT PRE-PURCHASE, TO WEST STAR ENVIRONMENTAL SERVICES, INC. WHEREAS, the City of Dublin did, on January 5, 2012, publicly open, examine, and declare all sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for Contract No. 11-13, Civic Center Generator Equipment Pre-Purchase, which Plans, Specifications, and Modifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the Public Works Director, who has recommended that the bid hereinafter is the lowest and best bid for doing said work; and WHEREAS, the apparent lowest bid for the Project was the bid of Peterson Power in the amount of One Hundred Forty Three Thousand Six Hundred Sixty-Three dollars; and WHEREAS, the specifications for Contract No. 11-13 indicated that the delivery date for certain.equipment must be no later than April 15,2012; and WHEREAS, the bid submitted by Peterson Power indicated a delivery date of June 5, 2012; and WHEREAS, the apparent next lowest bid for Contract No. 11-13 was submitted by West Star Environmental Services, Inc. in the amount of One Hundred Fifty-One Thousand, Five Hundred Thirty-Four Dollars, and Thirty-Nine Cents ($151,534.39); and WHEREAS, said bid submitted by West Star Environmental Services, Inc. was responsive in all respects to the Plans, Specification and Modifications for Contract No. 11-13. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. The City Council of the City of Dublin hereby finds the bid submitted by Peterson Power to be non-responsive to the bid solicitation materials prepared by the City. . 2. The City council of the City of Dublin hereby finds the bid submitted by West Star Environmental Services, Inc. in the amount of One Hundred Fifty-One Thousand, Five Hundred Thirty-Four Dollars, and Thirty-Nine Cents ($151,534.39) to be the lowest, responsive bid. 3. The City Council of the City of Dublin does hereby award Contract No. 11-13, 2011 Civic Center Generator Equipment Pre-Purchase, to the lowest responsible bidder therefore, to wit, West Star Environmental Services, Inc., at a bid of One Hundred Fifty One Thousand, Five Hundred Thirty Four Dollars, and Thirty Nine Cents ($151,534.39), the particulars of which bid are on file in the Office of the Public Works Director. Page 1 of 2 BE IT FURTHER RESOLVED that the City Manager IS authorized to execute the Agreement, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 7th day of February, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None O'L ~~, Mayor ATTEST: ~l 1M- City Clerk Reso No. 16-12, Adopted 2-7-12, Item 4.10 Page 2 of 2 AGREEMENT CIVIC CENTER GENERATOR EQUIPMENT PRE-PURCHASE CITY OF DUBLIN CONTRACT NO. 11-13 THIS AGREEMENT, dated for identification as of February 7,2012, between the CITY OF DUBLIN, a Municipal Corporation (hereinafter called "CITY"), and West Star Environmental Services, Inc. (hereinafter called "CONTRACTOR"). The parties hereto mutually agree to the terms and conditions set forth herein. 1.01 CONTRACT DOCUMENTS. Each of the items hereinafter referred to are incorporated herein by this reference as if set forth in full herein. Work called for in anyone Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer. The Contract Documents, sometimes also referred to as "the Contract," consist of the Notice to Contractors, the completed Proposal Form submitted by the Contractor to whom the Contract is awarded, the Instructions to Bidders insofar as they relate to events which will occur or actions to be taken after the submission of the Proposal, this Agreement, the Standard Specifications, the Special Provisions, Plans, Drawings, Detail Book, and Technical Specifications, the Standard Drawings, Details, and other such data and all versions thereof prepared by City pursuant to Contract, and any modifications of any of the foregoing in the form of Addenda or executed Change Order or otherwise effected in accordance with the terms of the Contract, the surety bonds, bid bond, and Contractor's list of subcontractors. 1.02 DEFINITIONS. Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement. 1.03 AGREEMENT CONTROLS. In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. 1.04 SCOPE OF CONTRACT. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, and material and transportation necessary to perform and complete in a good and workmanlike manner to the satisfaction of the City, all the work called for, and in the manner designated in, and in strict Page 1 of 11 of the Agreement 1.10 PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK. The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made. 1.11 ACCEPTANCE' NOT RELEASE. Contractor shall correct immediately any defective or imperfect work which may be discovered before final acceptance of the entire work. Any unsatisfactory materials shall be . rejected, notwithstanding that they may have been overlooked by the proper inspector. The inspection of the work, or any part thereof, shall not relieve Contractor of any of his obligations to perform satisfactory work as herein prescribed. Failure or neglect on the part of the City or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to. imply an acceptance of such work or materials if such becomes evident at any time prior to final acceptance of the entire work or all materials, nor shall such failure be construed as barring City at any subsequent time from recovering damages or of such a sum of money as may be required to build anew all portions of the work in which fraud was practiced or improper materials used whenever City may discover the same. 1.12 RELEASE UPON FINAL PAYMENT. If requested to do so by City, at the time of final payment, as a condition precedent to final payment, Contractor and each assignee under any, assignment in effect at the time of final payment shall execute and deliver a release in form and substance satisfactory to the City and containing such exceptions as provided in Section 7100 of the Public Contract Code which shall discharge City, its officers, agents, and employees of and from all liability, obligations, and claims arising under this contract. 1.13 CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART. Without limitation of Paragraph 1.19 whatsoever, the City of Dublin shall have the right at any time to enter upon the work and perfQrm work not covered by this Contract, or to occupy and use a portion of the work, prior to the date of the final acceptance of the work as a whole, without in any way relieving Contractor of any obligations under this Contract. Such use or occupation of the work shall not be construed as an acceptance of any portion of the work under this Contract, nor shall it affect the dates and times when payments shall become due nor prejudice City's right, guarantees, or sureties. 1.14 NO WAIVER OF REMEDIES. Neither the inspection by City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by'City, nor any extensions of time, nor any position taken by City or its agents shall operate as a waiver of any Page 3 of 11 of the Agreement action, damage, claim, loss, or expense is attributable to bodily injury, sickness, disease or death, or injury to, or destruction of property, whether upon or off the work, including the loss of use thereof, and is caused in whole or in part by any negligent act or omission of the Contractor, and . subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not it is caused in part by a party indemnified hereunder. 1.19 CONTRACTOR SHALL ASSUME RISKS. Until the completion and final acceptance by City of all work under this Contract, the work shall be under Contractor's responsibility, care, and charge, including any period of time work is suspended for any cause whatsoever. Contractor shall rebuild, repair, restore, and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the work, except as otherwise agreed. It is specifically contemplated that the City, its officers, employees, and invitees, will occupy and use portions of the work prior to final acceptance. Such occupancy shall not relieve Contractor of responsibility provided herein nor exonerate any surety or insurer of Contractor save and except . for items of routine maintenance and repair. . 1.20 GENERAL LIABILITY OF CONTRACTOR. Except as otherwise herein expressly agreed, Contractor shall do all the work and furnish all the labor, materials, tools, power and light, and appliances, necessary or proper for performing and completing the work herein required in the manner within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be for the purpose of explanation. 1.21 FAILURE TO MAINTAIN INSURANCE. During the term of this Agreement, and until final completion and acceptance of the work by the City, the Contractor shall maintain in full force and effect insurance coverage in the forms and amounts specified in the Standard Specifications. If, at any time during the performance of this Contract, Contractor fails to maintain any item of required insurance in full force and effect,. Contractor shall immediately discontinue all work under the Contract and City will withhold all Contract Payments due or that become due until notice is received by City that such insurance has been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the City Manager. 1.22 EXTENSIONS OF TIME. In the event City deems it necessary, in its sole discretion, to extend the time of completion of work to be done under this Contract beyond the required Completion Date herein specified, such extensions shall in no way release any guarantee given by Contractor pursuant to . the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. By executing such bonds, the sureties shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of excusable delay as defined herein giving rise to the same as determined by Public Works Director. Page 5 of 11 of the Agreement 1.25 EXTENSION OF TIME - EXCUSABLE DELAY. Should any delays occur which the Public Works Director 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 Public Works Director are excusable delays shall in no way operate as a waiver on the part of City of its rights under this Contract excepting only the extension of the Completion Date. 1.27 NO PAYMENT FOR DELAYS. No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the work whether such delays qualify for extension of time under this Agr.eement 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 Page 7 of 11 of the Agreement cumulative and in addition to all other rights of City pursuant to this Agreement and at law or in equity. 1.32 RESOLUTION OF CONSTRUCTION CLAIMS. 1. For any claim of $375,000 or less which arises between the Contractor and the City, the following procedure shall apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (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 to defenses for claims the City may have against the Contractor. (2) If additional information is required, it shall be requested and provided pursuant to the subdivision upon mutual agreement of the City and the Contractor (hereafter "claimant"). (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. Page 9 of 11 of the Agreement , 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 City Manager ATTEST: ORIGINAL APPROVED AS TO FORM: City Clerk City Attorney Page 11 of 11 of the Agreement