HomeMy WebLinkAboutC29700 - Rcnd & Award 2010 Ctywd Striping Pgrm CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: RESCIND AWARD OF CONTRACT NO. C29700 TO J P STRIPING,
INC., FOR THE 2010 CITYWIDE STRIPING PROGRAM, AND AWARD
THE CONTRACT TO THE NEXT LOWEST RESPONSIVE BIDDER,
CHRISP COMPANY (PROJECT 564-10)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTORS: J P Striping, Inc. (Rescind Contract)
650 East First Street
Beaumount, CA 92223
Chrisp Company (Award Contract)
43650 Osgood Road
Fremont, CA 94539
DATE: August 26, 2010
CONTENTS: Agreement
Performance Bond
Payment Bond
2010 Street Segment List
Appendix B
Affirmation of Contractor's Proposal
Recommendation
By Minute Motion:
1. Rescind award of Contract No. C29700 to J P Striping, Inc. (J P Striping);
2. Award Contract No. C29700 to Chrisp Company in the amount of $107,000;
and
3. Authorize the Finance Director to set aside a 10 percent contingency in the
amount of$10,700.
4. Utilize encumbered funds in account number 110-4315-433-3320 from
Fiscal Year 2009-10 in the amount of$92,642 for this project.
Funds are available in General Fund Account No: 110-4315-433-3320.
Staff Report
Rescind 2010 Citywide Striping Contract No. C29700 and Award the Contract to Next Lowest Bidder
August 26, 2010
Page2of2
Backqround
On May 13, 2010, staff advertized a Notice Inviting Bid for the 2010 Citywide Striping
Program. This annual maintenance program provides for repainting lane striping within the
City. On June 3, 2010, two bids were received and opened. The lowest bidder was J P
Striping, and on June 24, 2010, the City Council awarded Contract No. C29700 in the amount
of$84,220 to J P Striping.
More than two months have elapsed since the contract was awarded. The City Attorney has
reviewed this matter, and has indicated that the contractor has failed to execute the
agreement and to provide bonds within the specified time frame.
Approval of staff's recommendation will rescind the award of contract to J P Striping and will
award the contract to the next lowest responsive bidder. Furthermore, the City Attorney has
initiated the process to exercise our right to the 10 percent bid bond in the amount of $8,422
to off-set the project delay and a portion of the increased cost.
To avoid further delaying the work, staff recommends that City Council, by Minute Motion,
award the contract to the next lowest responsive bidder, Chrisp Company of Fremont,
California, in the amount of $107,000; and set aside a 10 percent contingency in the amount
of $10,700.
Fiscal Analysis
Although awarding the contract for the 2010 Citywide Striping Program to the Chrisp
Company results in an increase in the cost to perform this annual maintenance, failure to
perform the work now has the potential to result in yet a higher cost in the future. There is no
fiscal impact associated with this action beyond the contract an contingency amount.
Prepared By: Depa e t ad:
.r''"� �
rk S. Die , P. . Mark Gree wood, P.E.
Transport ' n gineer Director of Public Works
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A1'1'iz(��-A:a�_ _�' DENiF,D
Paul S. bson Fin ce Director REC[�'.���x:��____ OTHER
Approval: Mr�:'��s�a�a �..^eTI: �
AYF,S: _ S
NOF,S: _.
Jo . Wohlmuth, C' anager Ai3s��.!�,�'�:
AI3ST11'�:
VF.IaI��'Ii;�� ��Y:
�lri�in<�! oii I��ie with City Clerk':Office
AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of August, 2010, by
and between City of Palm Desert, California, hereafter called "CITY"
and Chrisp Company hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
1. 2010 Citywide Striping Program, PROJECT NO. 564-10, CONTRACT NO.
C29700, in strict accordance with the Contract Documents identified below, CITY
has accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal
and found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g)
The Payment Bond; (h) The General Specifications; (i) The Special Provisions;
(j) The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. 1; (m) The Determination of
Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any
additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
' other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $500.00 dollars
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by CITY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
�Remainder of this page has intentionally been left blank.
Signature blocks are contained on the ne�pageJ
CHRISP COMPANY:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to hereinafter
designated as the "Principal", a contract for:
2010 Citywide Striping Program
PROJECT NO. 564-10
CONTRACT NO. C29700
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, Chrisp Company the Principal, and
as Surety, are held and firmly bound unto the
City of Palm Desert hereinafter called the City, in the penal sum of One Hundred and
Seven Thousand Dollars ($107,000.00), being 100% of the contract amount in lawful
money of the United States of America for the payment of which sum well and truly to
be made, we hereby bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this 26th day of August, 2010.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seaL
Signature (Seal)
Contract No. C29700
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Chrisp Company (hereinafter designated as the
"CONTRACTOR"), an agreement dated August 26, 2010 described as follows: 2010
Citywide Striping Program, PROJECT NO. 564-10, CONTRACT NO. C29700,
(hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, Chrisp Company, the undersigned CONTRACTOR, as
Principal, and a corporation organized and existing
under the laws of the State of , and duly authorized to
transact business under the laws of the State of California, as Surety, are held and
firmly bound unto the City of Palm Desert and to any and all persons, companies or
corporations entitled to file stop notices under Section 3181 of the California Civil Code,
in the sum of $107,000.00 Dollars ($107,000.00), said sum being not less than one
hundred percent (100%) of the total amount payable by the said Obligee under the
terms of the said Contract, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, or for any
amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
or Internal Revenue Service from the wages of employees of the CONTRACTOR or his
or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount
not exceeding the sum specified in this bond, otherwise the above obligation shall be
void. In addition to the provisions herein above, it is agreed that this bond will inure to
the benefit of any and all persons, companies and corporations entitled to serve stop
notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Contract No. C29700
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
Chrisp Company (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
Contract No. C29700
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Acknowledgment
State of California )
)
County of )
On before me,
,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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APPENDIX B
Paint new Detail 40 Lane Line Extensions Through Intersection stripes at the
intersections in the table below. Two (2) coats of paint are required for the new Detail
40 Stripes. Striping layout will be performed by City forces.
Intersection Lane Type& Number of Stripes
Dual Left Through
Cook St @ Frank Sinatra Dr 4
Cook St @ Gerald Ford Dr 4
Cook St @ Hovley Lane East 3
Country Club Dr @ Desert Springs/ Desert Willow Dr 2
Country Club Dr @ Monterey Ave 3
Country Club Dr @ Liberty/Resorter Blvd 1
Fred Waring Dr @ Town Center Wy 1
Fred Waring Dr @ Monterey Ave 4
Fred Waring Dr @ San Pablo Ave 2
Fred Waring Dr @ Portola Ave 2
Fred Waring Dr @ Deep Canyon Rd 2
Hwy 111 @ Hwy 74/Monterey Ave 2
Hwy 111 @ EI Paseo/Cabrillo 1
Longman, Beth
From: Gaugush, Cora
Sent: Wednesday, August 18, 2010 3:44 PM
To: Longman, Beth
Subject; FW: [NEWSENDER] - RE: [NEWSENDER] -Annual Restripe
-----Original Message-----
From: Gaugush, Cora
Sent: Wednesday, August 18, 2010 3:44 PM
To: 'sacosta@chrispco.com'
Cc: Diercks, Mark
Subject: RE: [NEWSENDER] - RE: [NEWSENDER] - Annual Restripe
Thank you. I will call your office after the City Council meeting on August 26, 2010 and let
you know the action taken.
-----Original Message-----
From: Stephanie Acosta [mailto:sacosta@chrispco.com]
Sent: Wednesday, August 18, 2010 3:40 PM
To: Gaugush, Cora
Subject: [NEWSENDER] - RE: [NEWSENDER] - Annual Restripe
Yes our bid opened 7une 3rd 2010 in the amount of $107,000 for the citywide striping program
contract no. C29700 is still good.
Stephanie Acosta
Chrisp Company - Rialto Office
Off (909) 746-0356
Fax (909) 746-0354
-----Original Message-----
From: cgaugush@cityofpalmdesert.org [mailto:cgaugush@cityofpalmdesert.org]
Sent: Wednesday, August 18, 2010 3:12 PM
To: sacosta@chrispco.com
Subject: RE: [NEWSENDER] - Annual Restripe
Thank you Stephanie,
I need to have you confirm that this is the proposal dated ]une 2, 2010 and opened 7une 3,
2010 in the amount of $107,000.00 for the 2010 Citywide Striping Program. It was identified
as Contract No. C29700. Thanks C
Cora Gaugush
Capital Improvement Projects Technician
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
760-776-6490 Direct
760-341-7098 Fax
c a�u ush�acityofpalmdesert.or�
-----Original Message-----
�
From: Stephanie Acosta [mailto:sacosta@chrispco.com]
Sent: Wednesday, August 18, 2010 2:37 PM
To: Gaugush, Cora
Subject: [NEWSENDER] - Annual Restripe
Good Afternoon - Per our phone conversation our quote #9271 dated 6-3-10 for the palm desert
annual restripe is still good. We are looking forward to doing the project with you please
let me know when it is awarded.
Thank you,
Stephanie Acosta
Chrisp Company - Rialto Office
Off (909) 746-0356
Fax (909) 746-0354
2