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HomeMy WebLinkAbout2012-08-14 City Council Agenda Item No. 05t T'~ ~ F REPORT TO CITY COUNCIL T0: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: AUGUST 14, 2012 SUBJECT: AWARD OF CONTRACT -TRAFFIC STRIPING AND PAVEMENT MARKING MAINTENANGE WORK Recommendation Staff recommends that the Mayor and City Council authorize the Interim City Manager to execute a maintenance contract agreement with Orange County Striping Service Inc. for maintenance of street striping and markings for a term of one (1) year commencing from the date of execution for an amount not to exceed $124,000. There is no rate increase associated with the extension of this contract. Background City of Lake Elsinore, for the maintenance of street striping and markings, contracts with companies with the specializing in pavement markings. This work requires specialty equipment and experience. The work includes grinding and installation of traffic lane striping, cross walks and pavement markings such as "STOP AHEAD". Discussion The City of Lake Elsinore has been in contract with Orange County Striping since the original contract was approved by City Council in 2011. Orange County Striping has provided quality service in their work product and responsiveness to service calls. Staff is recommending Council approval of the second year of the 3-year contract with Orange County Striping to provide pavement marking services. Fiscal Impact Funding is allocated in the City's 20012-13 CIP Budget. Measure A is the identified funding source forthis project and sufficient funds are available. AGENDA ITEM N0.5 Page 1 of 13 AWARD of CONTRACT -TRAFFIC STRIPING AND PAVEMENT MARKING MAINTENANCE WORK AUGUST 14, 2012 Page 2 Prepared by: Ken Seumalo Director of Public Works Approved by: Thomas P. Evans Interim City Manage ~ Attachement: Contract Page 2 of 13 SECOND AMENDMENT TO SERVICES CONTRACT This Second Amendment to Services Contract (this Amendment) is made and entered into as of the 14th day of August, 2012, by and between the City of Lake Elsinore, a municipal corporation (the "City") and Orange County Striping Services, Inc. ("Contractor"). RECITALS A. City and Consultant have previously entered into that certain Services Contractor, dated as of September 2l, 2011 (the "Contract"}. NOW, THEREFORE, the parties amend the Contract as follows: 1. Section 2. Time of Performance. The services of Contractor shall be extended to July 1, 2013. Each individual signing below represents and warrants that he/she has the authority to execute this Amendment on behalf of and bind the party he/she purports to represent. IN WITNESS WHEREOF the parties have caused this Amendment to the Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONTRACTOR: Thomas P. Evans, Interim City Manager Title & Name APPROVED AS TO FORM City Attorney Page 3 of 13 Agreement Mo. AGREEMENT ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 12 This Cantract Agreement, made and entered into as of the date signed by the [Mayor, by and between the City of Lake Elsinore, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and ~ranpe ~aUnty strip np Services Inc. hereinafter called the "Contractor." That the City end the Contractor far the consideration hereinafter named, agree as follows: 1. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the Contract Agreement, any and all Contract Change Orders issued after the execution of the Cantract Agreement, Addenda Na{s}. 0 ^ issued prior to the opening of the Bids, the Special Provisions {which includes the General Pravisions and Technical Provisions}, the Project Plans, the Standard Plans, the Standard Specifcation, reference Specifications, the bidder's Proposal, the Native Inviting Bids, the Nan- Collusion Affidavit, the Faithful Performance Bond, the tabor and Materials Payment Bond and insurance, ail of which are essential parts of this Contract and made a part of this Contract Agreement. In the event of any conflict in the provisions thereof, the terms of said Cantract documents as set forth above shall antral, each aver the other, in the order provided. 2. The Contractor shall furnish all materials, tools, equipment and lobar, except as otherwise provided in the Plans or Specie[ Pravisions, and will perform all the work which is necessary to complete in a goad, workmanlike and substantial manner the above said project in accordance with the Contract documents for this project, the Contract dacuments which are hereby specifically referred to and by such reference made a part hereof. 3. The City will pay 1~e Contractor and the Contractor agrees to receive and accept the paces set forth in the Bid Schedule as full compensation far the wank required under the bid items awarded by the City, to wit, the base Bid Item{s}and Additive Bid Item{s} in the sum fatal ar~aunt of ~ 124 0„OBI ~ subjectta additions ar reductions of the quantities of the various bid items at the unit paces bid, far famishing all materials and far doing all the work contemplated and embraced under this Contract Agreement; for all loss or damages arising out of the nature of the work a#aresaid, or from the action of ~e elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecu~on of the wank, until the work is accepted by the City Council; for all expenses incurred by ar in consequence of the suspension or discontinuance of work; and for well and faithfully completing the work, the whale 1f~ereof, in the manner and in accordance with the Cantract dacuments therefore and the requirements of fihe Engineer under them. 4. The Contractor hereby agrees to commence wodc pursuant to this Cantract within fourteen {14} calendar days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to diligently prosecute the contracted maintenance work, including arrective items of work, day to day thereafter, to completion, within Five {5} working days after said date in the work order ar Native to Proceed with Canstructian," except as adjusted by subsequent Cantract Change Orders}, Page 4 of 13 5. The City and Contractor hereby agree that in case all construction called for under the Contract is not completed within the time hereinabave specified, including City caused delays or extensions, damages will be sustained by the City and #hat, it is and will be impracticable ar extremely diffcult to ascertain and determine the actual amount of damages the City wi!! sustain in the event of, and by reason af, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of 25U.~~ per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, said amount far each calendar day by which the Contractor fails to start the work order, complete the work, including corrective items of work, under this Contract Agreement within the time hereinabove specified and as adjusted by Contract Change Qrder{s}. The Contractorwll not be assessed liquidated damages for delay{s}occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities. The Contractor steal! name as additional insured, the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore {RDA},and County of Riverside ,and shall furnish the City with a certificate of insurance evidencing liability insurance policy or policies which shall provide coverage far owned and non-owned automobiles; manufacturers and Contractors liability; broad form property damage in any case where the Contractor has any property belonging to the City in his care, custody or control; owners and Contractor's protective liability; blanket contractual liability; products and completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or trenching is done with power equipment; and shall bear an endorsement captaining the following Provisions: Solely as respect to work done by or on behalf of the named insured for the City of Lake Elsinore, it is agreed that the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore {RDA}, its officers, employees and agents, are added as additional insured under this policy and the coverage provided hereunder shall be primary insurance and not contributing with any other insurance available to the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore, and the County of Riverside, its officers, employees and agents; under any third party liability policy. It is further agreed that the other insurance provision{s} of the policy are amended to conform therewith. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf, Insurance companies providing insurance here undershall be rated {A minus: VII -Admitted}or betterin AM Eest's insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. The terms of the insurance policy or policies issued to provide the below insurance coverages}shall not be amended or canceled by the carrier without thirty {30}days prior written notice by cerfified or registered mail of amendments or cancellation to the City, except that cancellation for non-payment of premium shall require {10} days prior written nonce by certified or registered mail. In the event the said insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that the City of Lake Elsinore will be no~fied by certified or registered mail at least 30 days prior to the effective date of cancellation, non-renewal, or material alteration of such policy. Page5of13 Ali liability insurance shall cover comprehensive general liability for both bodily injury including death} and properly damage, including but not [united to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the followin rninirnum limits; .;.ii., J.: w„tiw Y, N.i .a .r e tlwN..ti,. w•~.~ _ yn iy ~ ,r,, \r~ti r n ji • »i♦r.~.,...~r••.r~y.u.vwnrwwrr\w.,.....n,...a, v, „ .r...w.•~.,\.•I,•. ••:.~.,...w ,_.,~v,\ ♦,w.M.i .~>Y,i, r\'..,.,i ~ ' ......,.Y"•,N4.t ,....\V n......... ...-...r•..>~wr.wW wr..w...w:r..•..•..,.«.~.w.~r...y......r•~......w r,,...~•f r.•<..•<..M).\r,IV..,.v..>••w.. r,J..\.,«..t.~.vrv.,w~/r .-.rt.r.•>.w.w.yM1wlvwMwr a',a.<.i)..\...w.:.1.•«)r••ww.H r.rVi~vw. r,.,,•\..v •.,il~.,, r.. .Yr• •..~r. • ,~i., •:a~• r. •,w. n.~,~,.....wwr.............«,. ♦...••r w..••...,.,•>:w,~..•.r.... r. .......,-.w..,...~.... v. r~. r...•....... ♦.w<•Y.<NJI V:.,./r W:'wr...,.., N.\~♦ e~.w.,ll\., 11 vr\..~ ~J~.vv, •..1~.>a..~ i^~+.~ v:Se 'v.. _ r 4r. p N•~~ Q i~ ::w.~ X04 000 00 ~ o00 000 00 o00 ooo.oa ~ra ~w~a ~ ~w ` $1,044,840.04 $2,004,440.44 A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,400.00 for each occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability. Property Damage Insurance shall cover full replacement value for damages to any property caused directly or indirectly by nr from acts or activities of the Contractor or its sub-contractors or any person acting for the Contractor or under its control ar direction. The Contractor shall procure and maintain, at its sale expense, and throughout the term of this Contract Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and non-owned automotive equipment operated. Such coverage limits shall not be less than $1,404,404 combined single limit. Any deductibles orself-insured retention must be declared to and approved by the City. At the option of the City, either: the insurershall reduce oreliminate such deductibles orself-insured retention as respects the Cuty, its officers, officials, employees and volunteers; ar the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance with limits as established by the Mate of California. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements far each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7. The Contractor hereby agrees to provide and maintain in effect two ~2}good and sufficient Surety Bonds for one hundred percent oo~/o} each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance ofall work and a "Laborand Materials Payment Bond" which shall secure the payment of the claims of lobar, mechanics, or materia[men for all work under the Contract pursuant to Section 3247 of the Civil Cade. 8. The Contractor, the Contractor's heirs, executors, adminis~ators, successors, or assigns guarantee that all work performed under this Contract fully meets the requirements thereof as to quality of warkrnanship and materials famished. If any defer#s in materials orworkmanship became evidentwithin a period of one year from the date of the accep#ance of the work by the City Council, the Contractor shall, at his ar her awn expense, make any repairs} ar replacements} necessary to restore the work to full compliance with the Plans and Specit~catians. 9. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of per diem wages established by the California Department of industrial relations. The Contractor and any agents ar subcontractors of the Contractor shall also adhere to the California Labor Cade, Division 2, Part "Public Works and Public Agencies, and the California Administrative Cade, Title 8, group 3, "Payment of Prevailing Wages upon Public WodCS," all of which are made a part of the Contract documents. Page 6 of 13 10. The Contractir agrees that he ar she and its subcontractors shall maintain and keep books, payrolls, invoices of materials, records on a current basis, and recording all ~ansact~ons pertaining to this Agreement in a farm in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Lake Elsinore, County, the State of California, and the 1=ederal Government and to any authorized representative thereof far purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and retards shall be retained for such periods of time as required by law, provided, however, notwithstanding any shover period of retention, all boaks, retards, and supporting detail shall be retained far a period if at least three years after expiration of the term of this Agreement. 11. Pursuant to California Public Contract Code Section 223g~, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under Contract. At the request and expense of the Contractor, securities equivalent ti the amount withheld shall be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent, who shall pay such monies ti the Cantractir. Securities eligible for substitution under this section shall include those listed in. Section 1~43~ of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for Monies withheld and shall receive any dividends ar interest therein. The Contractor shall give the City written notice within thirty {30~ days after the Contract is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are depisited into an escrow, the escrow shall be governed by a written escrow Contract Agreement in a farm which is substantially similar to the Contract Agreement set forth in Section ~Z3~~, of the Public Contract Cade. 12. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore ~RpA},and the County of Riverside its officers, agents, and empliyees harmless from any and all liability, claims, damages ar injuries to any persin,including injury to the Contractors employees and all claims which arise from or are connected with the negligent performance of it failure ti perform the work ar other obligations of this Contract Agreement, or are caused or claimed to be caused by the negligent acts if the Contractor its offcers, agents, employees, sub- cantractors or suppliers, and all expenses of investigating and defending against the same; provided, however, that this indemnification and hold harmless shall nit include any claims arYSing from the sole negligence or willful misconduct of the City, RDA, and County of Riverside its officers, agents, or employees. The obliga#ian to indemnify, defend and hold harmless set forth herein shall include, without limitation, any and a[I attir~eyts fees incurred by the party to be indemnified, defended, ar held harmless, whether in a judicial or administrative action it in arbitration, and whether the issue is between the parties or~involves one ar more third parties. 13. The parties do for themselves, their heirs, executers, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily ar by action of law, assign any obligation assumed by ~e Contractor hereunderwithiut priorwritten consent of the City. 14. Should either party bring any legal or equitable action for the purpose of protecting ~or enforcing its rights under this Contract Agreement, the prevailing party in such action shall recover in addition to all aver relief, its reasonable attorney's fees and court costs ti be fixed by the court. Page 7 of 13 In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys' fees incurred in any post judgment proceedings to enforce any judgments in connection with this Contract Agreement. The Provision is separate and several and shall survive the merge of this Provision into any judgment. 15. By my signature hereunder, as Contractor, l certify that I am aware of the Provisions of Section 370Q, of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the Provisions of that code, and l will comply with such Provisions before commencing the performance of the work of this Contract. 16. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of ~.ake Elsinore and shall be valid for one year, with an option of two additional one-year extensions as approved by City Council. 17. Contractors are required by law to be licensed and regulated by the Con#ractars' State License Board. Any questions concerning a Contractor may be refe~ed to the Registrar, Contractors' State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P,C. Box 26068, Sacramento, CA 95826. ~S~GNATURE PAGE FQLLC~WS} Page 8 of 13 City of Lake Elsinore, Orange County Striping Services Inc. Municipal Corpara#~on BY: License Na./ Financial Administrative Services Director) Classifrcatian:346095 City ManagerlMayar tSelect only one pleased Expiration Date: C32 C~~ C3~ DATT: Federal i.D. Na.: 95-307TH 58 INTERNAL USE ONLY PRINT NAME: ATTEST: SIGNATURE: City Clerk TITLE: ~or~l y needed rf Mayor signs} DATE: APPROVED AS TO LEGAL FORM: Date City Attorney PRINT NAME: Date SIGNATURE: RECOMMENDED FOR APPROVAL: TITLE: DATE: Department Head Date ~rf contract exceeds $f 5,000} Date SIGNING INSTRUCTION TO THE CONTRACTOR: All signatures an the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign on behalf of the partnership. In the event that the contractin frr~ is a car oration two 2 ca orate offcer's havin authori f m the corporation MUST sign two ~2~ signatures tofal~. if the corporation has a corporate resolution statn that one rson is authorized to si .non behalf of all officers attach co orate resolution immediately following the notary certificates. Corporate Seal may be affixed hereto. Page 9 of 13 BOND NO. PREMIUM $ FAITHFUL PERFORMANCE BOND ~10~% of To#aI Contract Amount} ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY ~2 KNOW ALL MEN ANC WOMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to 0 tinge County Striping Services Inca as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as PROJECT NO. FY ~2, is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing #~e faithful performance of said Contact Agreement; NOW THEREFORE, we the undersigned Contractor and , as Surety, are held and ~irrnly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of dollars, lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; 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 Olr THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Contract Agreement and any alterations thereof made as therein provided, on his or her 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 of Lake Elsinore, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise itshall be and remain in full force and effect. In the event suit is brought upon this bond by the City and judgement is recovered, the Surety shall pay all cos#s incurred by the City in such suit, including a reasonable attorney €ee to be fixed by the court. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be per#ormed thereunder, ar the Provisions accompanying the same shall in any way affect its obligations on this band, and it does hereby waive none of any such change, extension of Mme, alteration or addition to the terms of the Contract Agreement or to the work or the Provisions. SIGNATURE PAGE FOLLOWS} Page 10 of 13 BC}[~D Nth. 1N WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 201 ~ . RIDER SURETY Grange County Striping Contractor Name: Services Inc. Name: Address:lB~PixleY Address: Grange, CA 9288-2207 Telephone No.: 714-639-4550 Telephone No.: Print Name: Pr1nt Name: Attorney-in-Fact Signature: Signature: Approved as to Form this day of 2011 City Attorney City of >~.ake Elsinore I~~TE; This bond must be executed by both panes. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public {attach acknowledgments}. The attorney~inMfact for the corporate surety must be registered, as such, in at least one county in the State of California. {Attach one original Power of Attorney sheet for each bond. Page 11 of 13 BOND Nth. PRE~IIiJM $ LABOR AND MATERIALS PAYi~ENT BOLD X100%4 of Tots! Contract Arrtount~ ANNUAL TRAFFIC STRIPING NiAiNTENANCE PROGRAM FY 12 KNC?W A~.L MEN AND WC}MEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as ~Cit~', has awarded to C~ran~unty ~tripina Services inc. , as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as PROJECT NO. FY 12, is hereby referred to and made a part hereof; and UUHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law; Nt~W, THEREFORE, we the undersigned Contractor and , as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of dollars, , law~al money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, frmly by these presents. THE C{~NDITION QF THIS CBLIGATIC}N IS SUCM, that if said Contractor, his orheror its heirs, executors, administrator, successors orassigns, or subcontractors, shall fail to payanyof the persons described in the State of California Civil Code, Section 31$1, ar amounts due under the Unemployment Insurance Cade with respect #o work or labor perfarrned by any such claimant, or any amounts required to be deducted, withheld, and paid Quarto the Franchise Tax Board from the wages of employees of the Contractorand his or her subcontractors, pursuant to Section 13420, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount oat exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bang such an action and judgement is recovered, the Surety shall pay ail costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. This bond shall inure to the benefit of any of the persons described in the State of California Civil Code Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond. ~SiGNATURE PAGE FOLLOwS~ . Page 12 of 13 ~oN~ No. IN WITNESS WHEREOF, we have hereunto set our hands, and seek on this day of 201 ~ BI~UER SURETY Orange County Sniping Contractor Name: Services Inc. Name: Address: 183 N. Pixley-„~,ww~ Address: Orange, CA 92868-2207 Telephone No.: 714-63~-455o Telephone No.: Print Name: Print Name: Attorney-in-Fact Signature: Signature: Approved as to I~orm this day of 201 ~ - City Attorney City of k,ake Elsinore Nt~TE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signs#ures must be acknowledged before a notary public attach acknowledgments}. The attorney-fn-fact for the corporate sure#y must be registered, as such, in at least one . county in the State of California. Attach one original P+~wer of Attorney sheet for each bond}. Page 13 of 13