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HomeMy WebLinkAboutCC RESO 16,375RESOLUTION NO. 16,375 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HYDRO -PRESSURE SYSTEMS TO PERFORM GRAFFITI ABATEMENT SERVICES WITHIN THE CITY BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with Hydro -Pressure Systems to perform graffiti abatement services within the City. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this llth day of December, 1990. eorge H G Waters, Mayor ATTEST: Lo i Anne Peoples, ity Clerk APPROVED AS TO FORM: Geoi`ge H. Eiser, III City Attorney AGREEMENT THIS AGREEMENT, dated the ll h day of December , 1990, in the County of San Diego, State of California, by and between the City of National City, California (hereinafter referred to as "CITY", and HYDRO -PRESSURE SYSTF.�I'.`ZS (hereinafter referred to as "CONTRACTOR"). W I T N E S S E T H: That the CITY and the CONTRACTOR, for the consideration stated herein, agree as follows: 1. The complete contract includes all of the Contract Documents, including the Notice Inviting Sealed Bids, Information for Bidders, Bid Form, Designation of Subcontractors, Contractor's Certificate Regarding Workers' Compensation, Noncollusion Affidavit, Performance Bond, Payment Bond, Insurance Certificates, General Conditions, Special Conditions, this Agreement, and all modifications and amendments thereto, by this reference incorporated herein. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. 2. CONTRACTOR shall perform within the time set forth in Paragraph 4 of this Agreement everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services as described in the complete Contract and required for construction of the project known as: GRAFFITI ABATEMENT PROGRAM - Specification No. B-1-90. All of said work to be performed and materials to be furnished shall be completed in a good workmanlike manner in strict accordance with the general and special conditions and provisions of the complete Contract as hereinabove defined. The CONTRACTOR shall be liable to the CITY for any damages arising as a result of a failure to fully comply with this obligation. Agreement - Page 1 44.0 016, 37v- 3. CITY shall pay to the CONTRACTOR, as full consideration for the faithful performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, the sum of NIid' i'Y SIX THOUSAND Dollars ($ 96,000.00 ), said sum being the total amount of the following amounts stipulated in the proposal: Base Bid , $ 96,000.00 Alternate No. $ N/A (all Alternates selected shall be listed) 4. The work shall be commenced on or before the date stated in the CITY'S Notice to Proceed and shall be completed within three hundred sixty-five (365) consecutive calendar days from and after the date stated in the Notice to Proceed. Said Notice shall be issued within ten (10) calendar days after the award of the Contract, and shall require that Work be commenced on or before ten (10) calendar days from the date of issuance of said Notice. 5. Time is of the essence. If the work is not completed in accordance with paragraph 4 above, it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code Section 53069.85 it is agreed that CONTRACTOR shall pay to CITY as fixed and liquidated damages, and not as a penalty, the sum(s) as stated in paragraph 22 of Information for Bidder's for each calendar day of delay until Work is completed and accepted. This amount shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR and CONTRACTOR'S Surety shall be liable for the amount thereof. Time extensions may be granted by the CITY as provided in Article 62 of the General Conditions. 6. CONTRACTOR agrees to and does hereby indemnity and hold harmless the CITY, their officials, agents and employees/ volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the Work called for in this Contract. The CITY, their officials, agents and employees/volunteers will not be liable for any accident, loss or damage to the Work prior to its completion and acceptance. Agreement - Page 2 7. If either party hereto becomes involved in litigation arising out of this Contract or the performance thereof, the court in such litigation, or in a separate suit, shall award reasonable costs and expenses, including attorneys fees, to the party justly entitled thereto. In awarding attorney fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8. CONTRACTOR shall take out, prior to commencing the work, and maintain, during the life of this contract, and shall require all subcontractors, whether primary or secondary, to take out and maintain insurance coverage as required in Articles No. 16 through 19 of the General Conditions and as follows: General Liability Insurance for injuries including accidental death, to any one person in an amount not less than: $14,000 ,000.000 Insurance Covering Special Hazards: Following special hazards shall be covered by rider or riders to above - mentioned general liability and property damage insurance policy or policies of insurance, or by special policies of insurance in amounts as follows: Vehicles and/or material hoist (non -owned as well as owned) where used or operated: $110001000.00 9. Required number of executed copies of the Agreement, the Contractor's Certificate, the Performance Bond, and the Payment Bond and Insurance Certificates is six (6). 10. Pursuant to Section 22300 of the Public Contract Code, this Contract permits the substitution of securities for any monies withheld by a public agency to ensure performance under this Contract. At the • request and expense of the CONTRACTOR, securities equivalent to the amount Agreement - Page 3 withheld shall be deposited with the public agency, or with a State or Federally chartered bank as the escrow agent, who shall then pay such monies to the CONTRACTOR. Upon satisfactory completion of the Contract, the securities shall be returned to the CONTRACTOR. Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certificates of deposit. The CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. 11. If CONTRACTOR is a corporation, the undersigned hereby repre- sents and warrants that the corporation is duly incorporated and in good standing in the State ofO , and that BARR' K. WOODS whose title is PRESIDENT, CHIEF is authorized to act for and bind the corporation. FINANCIAL OFFICER 12. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Contract shall forthwith be physically amended to make such revision. 13. The complete Contract as set forth in paragraph 1 of this Agree- ment constitutes the entire Agreement of the parties. No other agree- ments, oral or written, pertaining to the work to be performed under this Contract, exists between the parties. This Contract can be modified only by an agreement in writing, signed by both parties and pursuant to action of the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. IT (Signature of CITY) (Corporate Seal of CONTRACTOR 19855 If corporation) Contractor's Business License No. CONTRACTOR (Signature of CONTRACTOR) Contractor's License No. 5°°963 , ClassC661D38/C33 Agreement - Page 4 BID FORM TO: City of National City, acting by and through its City Council, herein called the "CITY": 1. Pursuant to your Notice Inviting Sealed Bids and the other documents relating thereto, the undersigned bidder, having become familiarized with the terms of the complete Contract, as defined in the Agreement, the local conditions affecting the performance of the Contract and the cost of the work at the place where the Work is to be done, hereby proposes and agrees to be bound by all the terms and conditions of the complete Contract and agrees to perform, within the time stipulated, the Contract, including all its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the Contract and complete in a good workmanlike manner all of the Work required in connection with the following project: GRAFFITI ABATEMENT PROGRAM - Specification No. B-1-90 BID QUOTATION Sand blasting cost Waterblasting cost Painting cost Protective coating cost Other Chemical Removal Cost (Specify) Per Sg. Foot $ .65 $ .15 $ .30 $ .25 Annual Cost 1. Low frequency hit areas _16,000.00 2. High frequency hit areas $90,000.00 Total bid price $96,000.00 BID FORM - PAGE 1 Each individual bid term shall be determined from visiting the site of the Work, reviewing the general and special conditions, and all other portions of the Contract Documents, and shall include all items necessary to complete the Work, including the assumption of all obligations, duties, and responsibilities necessary to the successful completion of the Contract, and the furnishing of all materials and equipment required to be incorporated in and for a permanent part of the Work: tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform and complete the Work; and bonds, insurance and submittals; all as per the requirements of the Contract Documents, whether or not expressly listed or designated. 2. It is understood that the CITY reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice Inviting Sealed Bids. 3. The required bid security is attached hereto. 4. The required list(s) of proposed subcontractors is attached hereto, and the undersigned represents and warrants that such list(s) is complete and in compliance with the Subletting and Subcontracting Fair Practices Act. 5. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the CITY a Contract in the form attached hereto in accordance with the bid as accepted, and that the undersigned will also furnish and deliver to the CITY the Perfor- BID FORM - PAGE 2 mance Bond and Payment Bond as specified, all within ten (10) days after receipt of the notification of award, and that the Work under the Contract shall commence by the undersigned bidder, if awarded the Contract, on the date to be stated in the C1TY's Notice To Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. 6. Communications conveying acceptance of bids, requests for additional information or other correspondence should be addressed to the Director of Building.. and Safety - 1243 National City Boulevard, National City, CA 92050. 7. The name of all persons interested in the forgoing proposal as principals are as follows BARRY K. WOODS (IMPORTANT' NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, -and manager thereof;* if a copartnership, state true name of -firm, also names of all individual co-partners. composing firm; if bidder or other interested person is an individual, state first and last name in full.) 8. In submitting- this bid, the bidder offers and agrees that if the bid is accepted, it will assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright. Act (Business & Professions Code Section 16700 ggggr,) arising from the purchase of goods, materials or services by the bidder for sale to the CITY pursuant to the bid. Such assignment shall be made and become effective at the time the CITY tenders final payment. 9. If the bidder is a corporation, the undersigned hereby represents and warrants that the corporation .is duly incorporated and is in good standing in the State of CALIFORNIA and that PARRY K. WOODS Whose title is PRESIDENT is authorized to act for and bind the corporation. 10. It is understood and agreed that, should bidder fail or refuse to return executed copies of the . Agreement, Contractors Certificate; Certificate of insurance, and required bonds to the CITY within ten (1.0) days of actual notice of award of the Contract to the bidder, the bid security may be forfeited to the CITY as liquidated damages. Bid Form - Page 3 11. The undersigned hereby warrants that the bidder has an appro- priate license, in accordance with act providing the Registration of Con- tractors, License No. 500963 , Class C33, C61 D38 , License Expiration Date 11/30/92. , that such licenses entitles bidder to provide the Work; that such licenses will .be in full force and effect throughout the duration of performance under this Contract; and - that any and all subcontractors to be employed will also have appropriate State and local licenses. 12. The bidder hereby certifies that it is, and at all times during the performance of the Work hereunder shall be, in full compliance with the provisions of the immigration Reform and Control Act of 1986 ('IRCA') in the hiring of Its employees, and the bidder shall indemnify, hold harmless and defend the CITY against any and all actions, proceedings, penalties or claims arising out of the bidders failure to comply strictly with the IRCA. 13. .It is understood and agreed that if, requested by the CITY, the . bidder shall furnish a notarized financial statement, references, and other information sufficiently comprehensive .to permit an appraisal of its current financial condition. THE BELOW SIGNED BIDDER HEREBY CERTIFIES UNDER PENALTY OF PURJURY THAT THE REPRESENTATIONS MADE HEREIN ARE TRUE AND ACCURATE. ANY BID CONTAINING FALSE INFORMATION SHALL BE DEEMED NONRESPONSIVE AND SHALL BE REJECTED. Individual Name: Contractor . Signed by: Date: Business Address: partnershio Name: Signed by: , Partner Date: Business Address: • Other Partners: Bid Form - Page 4 • Corporation Name: D & B MAINTENANCE SERVICE (a rAT,TFopNTA Corporation* Business Address: 13118 SATICOY STREET NOR LLYWOOD, CA. 91605 Signed b C k Irt1-; President - Date: 10-5-90 Signed by: 161wbofrto; Secretary - Date: 10-5-90 Business Address: 13118 SATICOY STREET NORTH HOLLYWOOD, CA. 91605 (Seal and Attest) * A corporation receiving the award shall furnish evidence of its corporate existence and evidence that the officer signing the Agreement and Bonds is duly authorized to do so.• Joint Name: Venturer Signed by: Joint Venturer Date: Business Address: Other Parties to Joint Venture: If an Individual: (Signed) Doing Business as: If a Partnership: Signed by: , Partner; If a Corporation: (Seal and (a Corporation) Attest) By: , Date: Title: END OF BID FORM Bid Form - Page 5