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HomeMy WebLinkAboutItem #6CITY OF inn. LAI�E9 LSI l`IORT � ' DREAM EXTREMEW REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 22, 2013 SUBJECT: CONSTRUCTION CONTRACT AWARD - SOLAR POWERED SPEED READER /FEEDBACK SIGNS AT VARIOUS LOCATIONS; PROJECT NO. 4375 Recommendations 1. Award the construction of the solar powered speed reader /feedback Signs at various locations to Steiny and Company, Inc., in the amount of $338,108.00 with a 10% contingency of $33,000 to be used for construction. 2. Authorize the City Manager to execute the contract with Steiny and Company, Inc. 3. Approve additional funding of $25,720.00 from Fund 110 Gas Tax. Background In October of 2011, the City of Lake Elsinore received approval of Federal Safe Routes to School Grant funding through the California Department of Transportation for the purchase and installation of speed reader /feedback signs. Subsequently, the City received the letter authorizing funding in September of 2013. The provided funding enables the City to purchase and install eighteen (18) speed activated vehicle speed reader /feedback signs (Exhibit A), at seven (7) Lake Elsinore Unified School District elementary and middle schools within the City (Exhibit B). These electronic signs have been proven to be an effective traffic calming solution within school zones. They will be placed in conjunction with traditional school speed limit signage at strategic locations within the school zone area, providing for heightened driver awareness, slowing down or reducing traffic and increasing safety for pedestrians and bicyclists. AGENDA ITEM NO. 6 Page 1 of 19 Award Construction Contract October 22, 2013 Page 2 of 3 Discussion The bids were opened publically on September 12, 2013 at 2:00 p.m. The City received seven (7) bids from qualified contractors to construct the solar powered speed reader /feedback signs at various locations in accordance with the approved plans and specifications. The bids are as follows: 1. Steiny and Company, Inc. Baldwin Park $338,108.00 2. Pelagic Engineering Oxnard $338,290.00 3. Unique Performance Const. Inc. Anaheim $347,765.00 4. PTM General Engineering Services Riverside $348,888.00 5. VT Electric, Inc. Upland $368,686.00 6. DBX Inc. Temecula $369,004.00 7. Sully Miller Contracting Co. Brea $370,978.00 Fiscal Impact The solar powered speed reader /feedback sign at various locations project budget is estimated to cost $381,472.00, of which $355,388.00 is funded through the Federal Grant. The remaining $25,720.00 will be funded through unappropriated available Gas Tax. Fund 108 Grant $355,388.00 Fund 110 Gas Tax $ 25 720.00 Total Project Funds $381,108.00 Estimated Project Budget: Steiny and Company, Inc $338,108.00 10% contingency $ 335000.00 Inspection and Contract Administration $ 10,000.00 $381,108.00 Prepared by: Peter Ramey (�3)2 Project Manager Rita Thompson Senior Engineering Technician Approved by Ati Eskandari %----°-°" Interim Director of Public Works /City Engineer Page 2 of 19 Award Construction Contract October 22, 2013 Page 3 of 3 Approved by James RileyQY� Director of Ad inistrative Services Department Approved by: Grant Yates, City Manager Af Attachments: Agreement for Construction Services Exhibit A Exhibit B Page 3 of 19 Page 4 of 19 y x / > 3s. . . . .� Page 6 of 19 LIMIT f AIRAVE' 3 y1 °P ell �;� SPEED Q O� LIMIT 25 SPEED �l� Q' LIMIT f v 25 Fs x'40 i G�pI °o #0e. s c� by SPEED Approximate location Q\ LIMIT of Speed Reader/ 25 Feedback Sign e CI=YO= Speed Reader /Feedback Solar Powered Sign nx LS1n °PEE Machado Elementary School ' �E IWDREAM t)(VKI, (t Page 7 of 19 SPEED f� LIMIT 25' . c Fs x'40 i G�pI °o #0e. s c� by SPEED Approximate location Q\ LIMIT of Speed Reader/ 25 Feedback Sign e CI=YO= Speed Reader /Feedback Solar Powered Sign nx LS1n °PEE Machado Elementary School ' �E IWDREAM t)(VKI, (t Page 7 of 19 EXHIBIT B Speed Reader /Feedback Solar Powered Sign "TYoIt Cottonwood Canyon Elementary School LADE .LSIIYQF E mE .w$ 11 Canyon Lake Middle School .,F5 GIs Page 8of19 EXHIBIT B ST, i aApproximate location of Speed Reader/ Feedback Signs Speed Reader /Feedback Solar Powered Sign `" � 0 A E- Elsinore Elementary School i ATE 01 LSTI' O IiRLTA4.LjiPKYA'Y uo�r ut'o ah mnieee.s Cpuryydpnw vaOS Page 9 of 19 EXHIBIT B . � . Speed Reader /Feedback Solar Powered Sign LAKE�LSiNOU Tuscany Hills Elementary Page 10 of 19 EXHIBIT B J�il� ..n,gVF y sPeeo Approximate location , LIMIT of Speed Reader/ 25 Feedback Signs yo�� off, CI I Of LAKK LSRYM � URIAM I$rum, Speed Reader /Feedback Solar Powered Sign Elsinore Middle School w p mr wn' °` ^ ra�myaw Iwo cis Page I 1 of 19 a,voF Speed Reader /Feedback Solar Powered Sign 111 1r1° Terra Cotta Middle School :, 15kfiAat EYf kCME X0,3 iwre '.ms Page 12 of 19 AGREEMENT CITY PROJECT NO. 4375 FEDERAL PROJECT NO. SRTSL -5074 (014) CITY OF LAKE ELSINORE SOLAR POWERED SPEED READER /FEEDBACK SIGNS VARIOUS LOCATIONS THIS Contract 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 hereinafter called the "Contractor." That the City and the Contractor for 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 Contract Agreement, Addenda No(s) 2 issued prior to the opening of the Bids, the Bound Bid Documents, the Special Provisions (which includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non - Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance, all 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 Contract documents as set forth above shall control, each over the other, in the order provided. 2. The Contractor shall furnish all materials, tools, equipment and labor, except as otherwise provided in the Plans or Special Provisions, and will perform all the work which is necessary to complete in a good, workmanlike and substantial manner the above said project in accordance with the Contract documents for this project, the Contract documents which are hereby specifically referred to and by such reference made a part hereof. 3. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to wit, the Bid Item(s) in the sum total amount of $338,108.00, subject to additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all materials and for doing all the work contemplated and embraced under this Contract Agreement; for all loss or damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until the work is accepted by the City Council; for all expenses incurred by or in consequence of the suspension or discontinuance of work; and for well and faithfully completing the work, the whole thereof, in the manner and in accordance with the Contract documents therefore and the requirements of the Engineer under them. 4. The Contractor hereby agrees to order materials pursuant to this Contract within 7 calendar days after the date of authorization specified in the "Notice to Proceed with Order of Materials." The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14) calendar days after the date of authorization specified in the Notice to Proceed with Construction. The Contractor agrees to diligently prosecute the contracted work, including corrective items of work, day to day thereafter, to completion, within Forty (40) working days after said date in the "Notice to Proceed with Construction," except as adjusted by subsequent Contract Change Order(s). 33 Page 13 of 19 5. The City and Contractor hereby agree that in case all ordering of materials and construction called for under the Contract is not completed within the time hereinabove specified, including City caused delays or extensions, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the Citywill sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $250.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Contract Agreement within the time hereinabove specified and as adjusted by Contract Change Order(s). The Contractor will 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. 6. The Contractor shall name as additional insured, the City of Lake Elsinore, the County of Riverside, the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA), and shall furnish the City with a certificate of insurance evidencing liability insurance policy or policies which shall provide coverage for owned and non -owned automobiles; manufacturers and Contractor's 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 containing 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 California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA), 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 County of Riverside, the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA), 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 under shall be rated (A minus: VII - Admitted) or better in Best'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 coverage(s) shall not be amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendments or cancellation to the City, except that cancellation for non - payment of premium shall require (10) days prior written notice 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. 34 Page 14 of 19 AGREEMENT PROJECT NO. 4375 All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective date of cancellation, non - renewal, or material alteration of such policy. All liability insurance shall cover comprehensive general liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 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 or from acts or activities of the Contractor or its sub - contractors or any person acting for the Contractor or under its control or direction. The Contractor shall procure and maintain, at its sole 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 $1,000,000 combined single limit. Any deductibles or self- insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees and volunteers; or 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 State of California. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for 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 (100 %) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all work under the Contract pursuant to Section 3247 of the Civil Code. 8. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and Specifications. 35 Page 15 of 19 AGREEMENT PROJECT NO. 4375 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 or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages upon Public Works," all of which are made a part of the Contract documents. 10. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls, invoices of materials, records on a current basis, and recording all transactions pertaining to this Agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Lake Elsinore, the State of California, the Federal Government and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter period of retention, all books, records, and supporting detail shall be retained for a period of at least three years after expiration of the term of this Agreement. 11. Pursuant to California Public Contract Code Section 22300, 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 to 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 to the Contractor. Securities eligible for substitution under this section shall include those listed in Section 16430 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 or interest thereon. 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 deposited into an escrow, the escrow shall be governed by a written escrow Contract Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, of the Public Contract Code. 12. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA), its officers, agents, employees, representatives and consultants harmless from any and all liability, claims, damages or injuries to any person, including injury to the 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 are caused or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees, sub - contractors or suppliers, and all expenses of investigating and defending against the same; provided, however, that this indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City of Lake Elsinore, the County of Riverside, the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA), its officers, agents, or employees. The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a judicial or administrative action or in arbitration, and whether the issue is between the parties or involves one or more third parties. Page 16 of 19 AGREEMENT PROJECT NO. 4375 13. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder without priorwritten consent of the City. 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. 14. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section 3700, 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 I will comply with such Provisions before commencing the performance of the work of this Contract. 15. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of Lake Elsinore. 16. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento, CA 95826. (SIGNATURE PAGE FOLLOWS) 37 Page 17 of 19 AGREEMENT PROJECT NO. 4375 CITY OF LAKE ELSINORE, Municipal Corporation Grant M. Yates, City Manager DATE: INTERNAL USE ONLY ATTEST: City Clerk (only needed if Mayor signs) APPROVED AS TO LEGAL FORM: City Attorney Date RECOMMENDED FOR APPROVAL: Department Head (if contract exceeds $15, 000) Date SIGNING INSTRUCTION TO THE CONTRACTOR: License Nod Classification: Expiration Date: Federal I.D. No.: PRINT NAME SIGNATURE: TITLE: DATE: PRINT NAME: SIGNATURE: TITLE: DATE: (Name of Contractor) Date MM All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign on behalf of the partnership. m Corporate Seal may be affixed hereto Page 18 of 19 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On personally appeared before me, insert name and title of the officer) 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 acknowledgement 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. (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT BIDDER'S SIGNATURE PAGE (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER • Individual(s) • Corporate Officer ❑ Partner (s) • Attorney -in -Fact • Other Any acknowledgment completed in California must contain verbiage exactly as appears above in the nolmy section or a sepal ale acknowledgment form must be property completed and attached to that docmuent. The only exception is f a document is recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as tine verbiage does not require the notary to do .something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signet). Please check the document carefully for proper notarial wording and allach this farm (required. • Slate and County information must be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. Dale of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. fre/she /they, is/ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document. C Page 19 of 19