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HomeMy WebLinkAboutC23480A - Traffic Signal Modifications - 566-05REQUEST SUBMITTED BY Contract No. C23480A CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT AWARD CONTRACT NO. C23480A TO DBX, INC., FOR THE TRAFFIC SIGNAL MODIFICATIONS ON FRED WARING DRIVE AT SAN PASCUAL AVENUE (PROJ. NO. 566-05) Mark Greenwood, P.E., Director of Public Works CONTRACTOR: DBX, Inc. 42024 Avenida Alvarado, Suite A Temecula, California 92590 DATE: CONTENTS Recommendation June 14, 2012 Agreement Contractor's Proposal Performance Bond Payment Bond Vicinity Map By Minute Motion: 1. Award Contract No. C23480A to DBX, Inc., for the Traffic Signal Modifications on Fred Waring Drive at San Pascual Avenue in the amount of $159,093.00 ( Project No. 566-05); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $15,909.30; and 3. Authorize the Mayor to execute the subject agreement. Funds are available in Account No. 234-4276-422-4001, Traffic Signal Public Safety Account. No General Fund money is being used for this expenditure. Background On March 2, 2011, the City was notified by Caltrans of the approval of funding in the amount of $195,500.00 from the Highway Safety Improvement Program (HSIP) with a Staff Report Award C23480A for Traffic Signal Modification -Fred Waring at San Pascual 566-05 June 14, 2012 Page 2 of 3 cap not to exceed 90 percent of the total project construction cost. With the approval, the City proceeded with the development of the Fred Waring Drive at San Pascual Traffic Signal Modification project. The project will modify the existing signal from a 2- phase pedestrian crossing to a 6-phase, full service traffic signal necessary for both pedestrian and vehicle safety. On February 8, 2012, Caltrans issued approval to go out to bid. The project was duly advertized and bids were opened on May 23, 2012 at 2:00 p.m with the results as follows: Contractor Location Bid Amount DBX, Inc. Temecula, CA $159,093.00 Steiny and Company, Inca Baldwin Park, CA $164,988.00 Fiscal Analysis The majority of this project is funded by federal HSIP funds. The total project cost, which is estimated to be $159,093, must initially be paid by the City. Upon completion of the project, an invoice will be submitted to Caltrans for reimbursement of $143,183.70, to be deposited into the Traffic Signal Fund. This results in a net cost to the City of $15,909.30. Prepared By: De r Mar S. Dierc s, P.E., Mark r enwood, P. , Transportation Engineer Direc r f Public Wor Paul S. Gibson, Director of Finance Approval: C� Jo , M. Wohlmuth, City Manager CITY COUNCIL JP�TON APPROVED DF.NIFD RECEIVED OTHER MEETRiG DA AYES: r, NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City Oirce AGREEMENT THIS CONTRACT, by and between the CITY OF PALM DESERT, a municipal corporation, herein referred to as "City, and DBX, Inc., herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project Number 566-05, TRAFFIC SIGNAL MODIFICATION - FRED WARING DRIVE AT SAN PASCUAL AVENUE, in the City of Palm Desert, California pursuant to the Invitation to Bid, for the aforementioned project, the project Specifications, and Contractor's Bid, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frames for construction work shall be in accordance with those specified in the Contractor's Bid. 2. Contractor will comply with all Federal, State, County, and City of Palm Desert Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 30 consecutive calendar days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices as stated in the Contractor's Bid, the base consideration of One Hundred Fifty Nine Thousand Ninety -Three dollars ($159,093.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, defend and save City and its officers, agents and employees, any member of the public, 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. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer, in writing, forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of Palm Desert. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CONTRACTOR: DBX, Inc. BY: Signature to be notarized TITLE: CITY: BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director of Public Works State of California ) County of ) On personally appeared before me, ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: City Attorney , 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) State of California County of On personally appeared before me, 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) SECTION 3 - BID DATE: `'3 The undersigned, as bidder, declares it has received and examined the Contract Document entitled TRAFFIC SIGNAL MODIFICATION - FRED WARING DRIVE AT SAN PASCUAL AVENUE and will contract with the City, on the form of Agreement provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this bid: SECTION TITLE Section 3 - Bid Section 4 - Bid Schedule Section 5 - Bid Guaranty Bond Section 6 - Certification of Bidder's Section 7 - Proposed Subcontractors Section 8 - Non -Collusion Section 9 - Local Agency DBE Information We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. Addendum # Date Received Initials Attached is a bid guaranty bond as required by Instructions to Bidders, 14.0 Bid Guaranty. ZbX Name ofidder Bidder Telephone Number Bid 3-1 J fofBidde?r re t,o s� - Title of Signatory State of California County of ll l a t^ �i lLr By submitting this Proposal, Contractor agrees with City: I . That unless withdrawn in person by Contractor or some person authorized in writing by Contractor - not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The City has the right to reject any or all Proposals and waive any irregularities or informalities contained in a Proposal. 3. That the award of the contract shall be authorized only by the governing body of City; and that a Notice of Award shall constitute a written memorial thereof. 4. To submit to City such information as City may required to determine the Bidder's financial standing, experience, and ability to perform the work. 5. If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the performance and payment bonds and the required evidence of insurance within 14 calendar days after receiving written notice of the award of the contract. 6. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated. 4 �oa4 � ��n � � ,� � Iyi�C�tuLL •� Y-� Address of Bidder -�� G r��nec-� , Cr4 O >a n Ni- Contractor's License No./Classification License Expiration Date Subscribed and sworn to (or affirmed) before me on this day of'`'� (month), _ (year), by f \ et'Y L , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary�--- Bid *** End Section *** (Seal of Notary) .... , co"Msa10n # 18M27 3-2 "ry Pubbc -- cal"Ornia Fireside County comm Ewres A4 11, 2012 SECTION 4 - BID SCHEDULE TRAFFIC SIGNAL MODIFICATION - FRED WARING DRIVE AT SAN PASCUAL AVENUE CITY PROJECT NO. 566-05 CONTRACT NO. C 23480A City of Palm Desert FEDERAL AID PROJECT NO. HSIPL 5414 (014) Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: Pursuant to the Invitation to Bid, the undersigned hereby proposes and agrees that on award by the City under this Bid, and in accordance with the provisions therein stated, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation and services for TRAFFIC SIGNAL MODIFICATION - FRED WARING DRIVE AT SAN PASCUAL AVENUE in accordance with the Plans and Specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid . Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during construction. The basis of award shall be the lowest combined price for all base bid area. BASE BID AREA ITEM ITEM DESCRIPTION NO. EST UNIT UNIT PRICE ITEM TOTAL QTY Figures) In Fi ( 9 ) (In Figures) 1 Traffic Signal Modification DOLLARS DOLLARS 3 $ 4 $ $ 6 $ $ TOTAL $ $ $ TOTAL AMOUNT OF BID - IN FIGURES: $ 159, TOTAL AMOUNT OF BID - IN WORDS: Bid Schedule 4-1 Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the quantities shown hereon are estimates and the bidder is responsible to verify quantities prior to submitting a bid. Final payment will be based upon actual work performed, subject to such adjus en and alterations as elsewhere provided herein. g -;�— " — Title: ore' �► 6*-n+ Signatu Bidder State of California County of P1 i YtLk )► a Subscribed and sworn to (or affirmed) (month), a-0)L (year), by J i me on this O;k day of (nCLW r►�u proved to me on the basis of sati appeared before me. Signature of Notary PHYLOSSA Mh 77 Comm}S":na ..'�knn ���:�e G*unty b+ comm. Eg.ires ,iv1 2G�2 evidence to be the persons) who *** End Section *** (Seal of Notary) Bid Schedule 4-2 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Palm Desert, a municipal corporation, hereinafter designated the City, has, on June 14, 2012, awarded to DBX, Inc., hereinafter designated as the Principal, a Contract for Project Number 566-05, TRAFFIC SIGNAL MODIFICATION - FRED WARING DRIVE AT SAN PASCUAL AVENUE, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred Fifty Nine Thousand Ninety Three and no/00 ($159,093.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations 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. It is acknowledged that the Contract provides for one year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the 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 work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal's Name Principal's Signature Title Address Telephone State of California County of Surety's Name Surety's Signature Title Address Telephone Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary State of California County of (Seal of Notary) Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Palm Desert, a municipal corporation, hereinafter designated the City, has, on June 14, 2012, awarded to DBX, Inc., hereinafter designated as the Principal, a Contract for Project Number 566-05, TRAFFIC SIGNAL MODIFICATION - FRED WARING DRIVE AT SAN PASCUAL AVENUE, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and as Surety, are held and firmly bound unto the City in the just and full amount of One Hundred Fifty Nine Thousand Ninety Three and no/00($159,093.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, 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 Principal and his or its Subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the California 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 Principal 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. 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 Principal hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Principal 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, the Principal and Surety have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal's Name Principal's Signature Title Address Telephone State of California ) County of ) Surety's Name Surety's Signature Title Address Telephone Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary) L LJ Z Lij Q J Q U cQ Q G � Z U) Q Z LLJ 0 > c� Z_ ry Q LLJ ry L.L.