HomeMy WebLinkAboutC31450 2012 Citywide Striping Program 564-12Contract No. C31450
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C31450 FOR THE 2012 CITYWIDE
STRIPING PROGRAM TO STATEWIDE STRIPES, INC., IN THE
AMOUNT OF $262,773.83 (PROJECT NO. 564-12)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Statewide Stripes, Inc.
PO Box 600710
San Diego, California 92160
DATE: May 10, 2012
CONTENTS: Contract Agreement
Contractor's Proposal
Payment Bond
Performance Bond
Recommendation
By Minute Motion:
1. Award Contract No. C31450 for the 2012 Citywide Striping Program
to Statewide Stripes, Inc., in the amount of $262,773.83 (Project No.
564-12);
2. Authorize the Director of Finance to set aside an additional 10
percent contingency in the total amount of $26,277.38 and
3. Authorize the Mayor to execute the subject agreement.
Funding is available for this project in General Fund Account No. 110-4315-433-3320,
Striping.
Background
The 2012 Citywide Striping Program will repaint all streets within Palm Desert. The
items to be restriped include all traffic stripes, pavements markings and pavement
legends. The project includes all streets in Palm Desert except for Highway 111.
Highway 111 was kept off the list because the street is scheduled to be repaved this
Staff Report
Award Contract C31450 to Statewide Stripes, Inc. Project 564-12)
May 10, 2012
Page 2 of 2
summer. Additionally, bike/golf cart lanes will be striped on Portola Avenue between
Hovley Lane West and Magnesia Falls Drive as part of this project.
The project was advertised and contractors were encouraged to submit bids. At the
April 24, 2012, bid opening, three contractors submitted bids. The bid summary is
below:
Contractor Location Bid Amount
Statewide Stripes, Inc. San Diego, California $262,773.83
Chrisp Company Bloomington, California $303,088.00
B C Traffic Specialists Orange, California $315,460.00
Statewide Stripes Inc., submitted the lowest responsive bid in the amount of
$262,773.83. Staff has reviewed Statewide Stripes, Inc., qualifications, checked
references and found them to be within industry standards.
Fiscal Analysis
This is an on -going maintenance activity with no fiscal impact beyond the contract
amount. Funding is available for this project in General Fund Account No. 110-4315-
433-3320, Striping.
Prepa
7
Mark ercks, P.E� Mark G ee wood, P.E.
Trans o ation Engineer Directo of ublic Works
CITY COUNCIL ION
OZ5�lp —
Paul S. Gibson, Director of Finance APPROVED ✓✓ DENTED
RECEIVED OTHER
n M. Wohlmuth, City Manager
MEETING DATE / f
AYES: &LU11 ln��
NOES:
ABSENT: ZVOL
Original on File with City
k's Office
AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of May, 2012, by and
between City of Palm Desert, California, hereafter called "CITY" and Statewide Stripes,
Inc., hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of
CITY Project,
2012 Citywide Striping Program, PROJECT NO. 564-12, CONTRACT NO.
C31450, 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:
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; (1) 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 45 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Page G-1
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.
Page G-2
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.
CONTRACTOR: Statewide Stripes, 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 )
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Page G-3
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
On
before me,
(Seal)
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)
Page G-4
C - CONTRACTOR'S PROPOSAL
2012 CITYWIDE STRIPING PROGRAM
PROJECT NO. 564-12
CONTRACT NO. C31450
TO: CITY OF PALM DESERT, "CITY"
DATE:
BIDDER: � �"t'I��\� ji�E��_� �)i��1� � �� ,— "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2012 CITYWIDE STRIPING PROGRAM,
PROJECT NO. 564-12, CONTRACT NO. C31450, hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda No(s). I for the
amount stated in this Proposal.
By submitting this Proposal, CONTRACTOR agrees with CITY:
1. 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 to waive any
irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
Page C-1
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
1
REPAINT EXISTING TRAFFIC LINES ON
ALL STREETS
APPENDIX A AS DESIGNATED IN
LS
1
LUMS MP
$ q) 3�K Y3
REPAINT EXISTING PAVEMENT
{
$ I< `1 1-
2
MARKINGS ON ALL STREETS AS
DESIGNATED IN APPENDIX "A"
LS
1
LUMP
SUM
REPAINT EXISTING ON -STREET
3
PARKING STALL STRIPES ON ALL
STREETS AS DESIGNATED IN APPENDIX
"A", ON EXHIBIT A-1
LS
1
LUMP
SUM
$ c,q U��
4
PAINT BIKE LANE STRIPES (2 COATS)
ON PORTOLA AVENUE AS DESIGNATED
IN APPENDIX "B"
LS
1
LUMP
SUM
$ 3 L C �C-°
REMOVE EXISTING AND PAINT NEW
5
STRIPES AND MARKINGS (2 COATS) ON
SAN PABLO AVENUE AS DESIGNATED
IN APPENDIX "C"
LS
1
LUMP
SUM
$
REMOVE EXISTING CONFLICTING
6
TRAFFIC STRIPES AT TWO
INTERSECTIONS DESIGNATED IN
APPENDIX "D"
LS
1
LUMP
SUM
$ L''5co
TOTAL BID PRICE
J3 W-3
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $
TOTAL AMOUNT BASE BID IN WORDS L ,,
! _. _ _i r-_ . _ ..
1AIX l f'k (r IS
Page C-2
IN WITNESS WHEREOF CONTRACTOR exec d this proposal as of date set forth on
Page C-1: f
By: _
Signature `
Title:
CONTRACTOR
State of California
County of j4,,
Subscribed and sworn to (or affirmed) before m on thi , -31'd day of /� L
(month), _1.. (year), by 4vc�anTQ
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Signature of Notary 0�� / -a Seal of No
tary)
otary)
8CotT LAIalRIS— 4PCMMSSIM � 1823032
NoUrMPZZ.2.0d
ubtk . C8111"I
COMM
Page C-3
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Statewide Stripes, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated May 10, 2012 described as follows: 2012
Citywide Striping Program, PROJECT NO. 564-12, CONTRACT NO. C31450,
(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, Statewide Stripes, Inc. , 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 Two Hundred Sixty-two Thousand, Seven
Hundred and Seventy-three and 83/00 Dollars ($262,773.83), 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.
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:
Statewide Stripes, Inc._
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
M
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance 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)
(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 )
m
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)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Statewide Stripes, Inca hereinafter designated as the "Principal", a contract
for:
2012 Citywide Striping Program
PROJECT NO. 564-12
CONTRACT NO. C31450
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, Statewide Stripes, Inc., 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 Two Hundred Sixty-two Thousand, Seven Hundred and Seventy-three and
83/00 Dollars ($262,773.83), 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.
Page 1
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 day of , 20
SURETY
M
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
County of )
On before me,
PRINCIPAL
M
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)
Page 2