HomeMy WebLinkAboutC33670 - 2014 Internally Illmnatd Street Name Sign Contract No. C33670
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C33670 FOR THE 2014 INTERNALLY
ILLUMINATED STREET NAME SIGN UPGRADE (IISNS)
PROJECT TO SfERRA PACIFIC ELECTRICAL COMPANY
(Project 569-15)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Sierra Pacific Electrical Company
2542 Avalon Street
Riverside, California 92509
DATE: August 28, 2014
CONTENTS: Agreement
Performance Bond
Payment Bond
Contractor's Bid
Project Lacation Exhibit
Recommendation
By Minute Motion,
1. Appropriate $24,380.00 from unobligated Traffic Signal Capital
Reserve Account to Account Number 234-4250-433-4001; and
2. Appropriate $9,744.60 from unobligated Capital Reserve to
Account Number 440-4250-433-4001; and
3. Award Contract No. C33670 for the 2014 IISNS Upgrade
Project to Sierra Pacific Electrical Company of Riverside,
California in the amount of$53,186; and
4. Authorize the Finance Director to set aside a 10% contingency
in the amount of$5,318.60; and
5. Authorize the Mayor to execute the contract documents.
Funds are available for this project in General Fund Account No. 110-4250-433-4001
and based upon approval of the above outlined appropriations.
This project will meet objectives outlined in Envision Palm Desert �Forward
Together in Tourism & Marketing by improving access to the city and its attractions by
making street names more easily recognizable, while reducing electrical consumption
meeting an Energy and Sustainability goal.
Staff Report
Award Contract No. C33670 IISNS Upgrade Project 569-14
August 28, 2014
Page 2 of 3
Backctround
Citywide sixteen intersections have been identified as needing their Illuminated Street
Name Signs upgraded. Some of the intersections required sign panel replacement and
some will also require the units to be replaced with LED components, for both visibility
and energy consumption.
The city advertized for bids and on August 6, 2014, bids were received and read aloud.
The results are as follows:
Sierra Pacific Electrical Company Riverside, California $53,186.00
Steiny and Company Baldwin Park, California $75,688.00
Flatlron Electrical Company Chino, California $81,850.00
Funds were appropriated for this project in the 2013/2014 fiscal year. However, the
project timing did not permit an awarded in time to obligate those funds.
The timing of the request was such that the procedure to accomplish the carryover is to
request a new appropriation in the current fiscal year.
Fiscal Analvsis
Aside from the cost of the contract and normal electrical costs, with the potential of a
slight energy savings, there is no additional fiscal impact associated with this action.
repared By: Depart t e d:
' � ����
�C-
Cora L. Gaugus Mark ree od, P.E.
Capi pro ement Project Technician Director of blic Works
/
CITY COUNCIL CTION
Pa S. Gibs n, Director of Finance APPROVED � DEIVTFD
RECEIVED OTHER
Ap rov �
MEET G I�A - �
AYES: C � , /' �'
n M. Wohlmuth, City Manager NOES:
ABSENT:
ABSTAIN: �--
VERIFIED BY:
Original oa File with City C k's Office
Contract No. C33670
AGREEMENT
THIS AGREEMENT is made and entered into this 28t" day of Au ust, 2014, by
and between City of Palm Desert, California, hereafter called "CITY" and
Sierra Pacific Electrical Companv hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2014 IISNS Upgrade Project; Project No. 569-141 Contract No. C33670, in strict
accordance with the Contract Documents identified below, CITY has accepted
said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid 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 Bid to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLL�WS:
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 Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h} The General Specifications; (i) The Special Provisians; (j)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. 1=2; (m) Any Change Orders
issued; (n) 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.
Contract No. C33670
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
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 Bid 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.
Contract No.C33670
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:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
TITLE: Mayor of Palm Desert. CA TITLE: Citv 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
Contract No.C33670
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, 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. C33670
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Paim Desert has
awarded to Sierra Pacific Electrical Comqanv hereinafter designated as the "Principal",
a contract for:
2014 IISNS Upgrade Project
PROJECT NO. 569-14
CONTRACT NO. C33670
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, Sierra Pacific Electrical 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
Fiftv Three Thousand, One Hundred Eightv-Six and no/00 Dollars ($53,186.00), being
100°/a 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 attomeys' fees, shall be awarded to the prevailing party.
ContractNo.C33670
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 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. C33670
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Sierra Pacific Electrical Companv (hereinafter designated
as the "CONTRACTOR"), an agreement dated August 28, 2014 described as follows:
2014 iISNS UPGRADE PROJECT, PROJECT NO. 569-14; CONTRACT NO. C33670,
(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 9100 of the California Civil Code;
NOW, THEREFORE, we, , 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 payment notices under Section 9100 of
the California Civil Code, in the sum of Fiftv Three Thousand. One Hundred Eiqhtv-
Six and No/.00 Dollars ($53,186.00), 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 UBLIGATION 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 9100 et seq. 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
payment notices under Section 9100 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. C33670
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 unsatis#ied.
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:
Sierra Pacific Electrical 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 Sectian 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)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Contract No. C33670
Acknowiedgment
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. C33670 V����''
C— C�JIVTRACTC?R'S E31D
201411SNS UPGRADE PRGtJECT
PRC7.tECT NC3. 56�-9,�'i
��?NTRACT 1'�fGt. C33�74
TO: CIT1t OF PALA�I QES�RT, uCITY"
DATE: August 5 2Q1�.____
BiDDER: Sierra Pacific Electrica( Contracting Inc. «�p�-��q�T�R"
The UlVDERSIGNED, "CONTI�AGT��t", havirrg c�r�f�Jly exam�ned the site and the
�orrtrar.� C3ocume�ts for the cansfructioe� of, 2p�� NS�#S UPG�aE PRa,��CT,
PRtk1EGT NO. 569-15 CUh1TRACT w0. C33870, hereby �roposes to can�truct the
work in aceordance with the Cont�ct Documents, ir�clucf�ng A�idenda PJcs�s). �=�►r1d�
s#ated 'm tfiis BEc�, for th� arnount
By submit�ing tt�is Bid, Ct�NTRAC�'C1R agre�es with G!'fY:
�, That unless withdrawn in per�on by C�NTRACTqR or som� persc�n �uthor�zed
irt writir�g by Ct�fVTRACT4R befor� th� tim� spe�ifi�cl in the hloti�e inviting S�ls
far the �ubJic c�penir�g of bids, this Bid constitute� ar� irrev�,cable oFFer for Ep
cal�rid�r days �fi�er that date.
�. Th� CiT4' has th� r(ght t� reject any or atl Bids ar�d t� �raive ar��r irr�gularifi�s c�r
informal�ttes aontalned in a gid.
3. Th�f the contract shat# b� award+a� only b� the gav+eming kx3tl� of CtTY. Said
cantraut shali flnly be deemed awarded after the CCI�JTFtAC�"t3R'S camplete
submissidn of ali cc�nfract dt�ct�ments, bortds, inSUr2�11Cg {1tlCUti7e�Yt�#ion, �ttd the
CITY shall obtain aq necessary signatures af the governirx� body, at which bme
the ccmtract sh�ll be d+�emeti �w�rd�d.
4. To submit ta �!T'Y'''' such irifom�ation �s CITY may require to determine t#�e
8idtter's financial standirig experience and ta perform#he wark.
5. That the accom��nying certifi�d �r �strier'S chack ar Bi�# �+�nd constitutes a
guarantee that if awarded the con#ract, COt�T1�A�Tafi wiN �xec�te #t�e
Agreamerrt and defiv�r th� r�quired bgnds �►ui cert�t:a#es of insur�n�e wrthin 9 Q
days �fter nr�tic� af award. if CONTi�AC�C.�R f�il� to ex�cut� �r�d deliver said
cfacument�, the ch�ek Qr ��r�d is ta be charged wi#h �he c,�sts pfi t� resultant
damages t� CtT'Y, including k�ut raot limited to pubtica#iori casts, tl� difference in
monep betwe�sn th� arriount bid and the arr;ourz# in excess o�th� bid which cost�
C�TY to do or caus� tc� be done the �nrork invaiv�d, Ieas� and rental costs,
add�tit�nai sataries anci overi�ead, in�;ased intere��t and �s#s of funding the
Pro1�. a#ts�mey expense, �cicfitivr�a! er�grneeririg and architectura! expense and
P�ge�-�
Contract No. C33670
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ex�c�sGs ant#deliver�id dacum�ts.
it is un��rstood �hat the quantities shawn her�on, exce�t fQr thase quantiti�� markec�
�Lum� 5um", are es#irnates and th� frna! payrrt+��t wiif b$ ba�+ect €�p�n ti�e ��tuai vvork
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Contract No. C33670
TdTAL B!D RR(CE .. . '. . :
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Th+e costs af any wr�rk shov�m ar required in the Pians and Sp�c(ftcati�n�, but nat
specificatly Identified as a Pay item are inc{udsd in #he related Pay ttem{s}, and no
additional comp�nsat�on sh�ll �e d�e CUPJTRACTAR by virtue af CCJNTRA�TOF�'S
compliance witi�fh�Plar�s ar�d Spec�fiic�#fs�r�s.
TC3TAl,AMOUN'['BA�E BtD tN FIGURE, � �� � (`;�n�:. . ��;,�
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iIV WITNESS WHEREOF G��lTRAGTOR �xecuted ihis B�d �s of date set for#h on
Page C-1:
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By: ,`_ =�-� Y
Signatur
_
Titie: �" ��a'�.�-_ ���r'�„�r,�'r`�
GQNTRACT�CIR ---_�--�'-�"-
State of Catifomia �
Counfy of �"=��� ..r,E ; ,.'��. ?
)
S�bscrtbecf and swr�m tt►(ar a1'firmed)befor�me�qr� this i�- �iay of t,,�,.< `
�month),_;��4Y�►'), by r', 4 � �` �-�=�--`-
-.3-� ���:u=._
prov�ed to m� on the basis a# satisfactary erridence ta be tha person{s)
wht�aPPear�d bef'ore me,
/,.� r;� -.,_......
Sfgnature nf IVt>tary _.. �
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JERRETT DAVip�00�
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Page C-3
Contract No.C33670
FRANK SINATRA RIVE
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� 3 � � Y 1 - HWY 111 AT PARK VIEW/PAINTERS PATH
4 6 ] 2 - HWY 111 AT FRED WARING
� EL ASEO � 3 - TOWN CENTER AT HAHN
4 - MONTEREY AT SAN GORGONIO/HAHN
5 � 5 - HWY 74 AT EL PASEO
6 - HWY 111 AT PORTOLA
7 - HWY 111 AT DEEP CANYON
8 - COUNTRY CLUB AT REGENT/SUNCREST
9 - COUNTRY CLUB AT DESERT SPRINGS/WILLOW
��� ¢ 10 - COUNTRY CLUB AT DESERT fALLS/THE LAKES
¢ 11 - COUNTRY CLUB AT ELDORADO DRIVE
' 12 - COUNTRY CLUB AT PALM VALLEY/INDIAN RIDGE
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� 13 - FRED WARING AT PHYLLIS JACKSON LANE
14 - COOK STREET AT MERLE
- 15 - COOK STREET AT 42ND/GREEN
16 - HOVLEY LANE EAST AT WATER WAY/TAVA
❑X - PROJECT LOCATION N0.
05 20 2014 PROJECT LOCATION EXHIBIT NTs
DATE: SCALE:
2014 IISNS UPGRADE PROJECT - PROJ. N0. 569-14 SHEET N0.
MSD
gY DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT �