Loading...
PW Misc Traffic Signal Improvements 2019City of San Rafael * California Form of Agreement for Informal Bids Miscellaneous Traffic Signal Improvements This Agreement is made and entered into this 13 day of ��V S4 2019 by and between the City of San Rafael (hereinafter called City) and DC Electric Group, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1. Scope of the Work. The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the project entitled "Miscellaneous Traffic Signal Improvements," all in accordance with the Contractor's proposals attached hereto as Exhibit A and Exhibit B. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771, and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3. Time of Completion. (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within 45 Working Days, and with such reasonable extensions of time as may be requested by Contractor and approved by City. 4. Liquidated Damages. It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 5. The Contract Sum. The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units for work in the following scheduled completed at the unit price stated. The number of units contained in this schedule is approximately only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract, provided that the total compensation under this Contract shall not exceed $70,490.00 unless a written amendment is executed by the City and the Contractor. BID ITEMS —— ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY Fiber Optics Connection Point to Downtown 1' Signal Grid (Per Exhibit A) 1 LS a $32,675.00 = $32,675.00 2 Replacement of Four Traffic Signal Cabinets 1 LS r (Per Exhibit B) �' $37, 815.00 — $37,815.00 GRAND TOTAL BID: $70,490.00 6. Progress Payments. (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor . �-3-qio (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. 7. Acceptance and Final Payment. (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terns and conditions thereof, and the entire balance found to be due the Contractor, shall be paid to the Contractor by the City as soon as possible, (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. 8. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additional insureds under the policies. 2. The additional insured coverage under Contractor's insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 01 04 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Contract, Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c ) Deductibles and SIR'S. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self- insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (c) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorse►nents from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 9. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201. 10. Nondiscrimination. Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 11. Compliance with All Laws. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 12. No Third Party Beneficiaries. City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terns and conditions of this Agreement, to the other party. 13. Notices. All notices and other communications required or pennitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael I I 1 Morphew Street San Rafael, CA 94901 To Contractor: DC Electric Group, Inc. 8023 Gravenstein Hwy S. Cotati, CA 94931 14. Independent Contractor. For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 15. Entire Agreement; Amendments. (a) The ten -ns and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terns and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. (e) If any conflicts arise between the terms and conditions of this Agreement, and the terns and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 16. Waivers. The waiver by either party of any breach or violation of any teen, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other tenn, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other teen, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any teen, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 17. City Business License; Other Taxes. Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 18. Warranty. (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City. (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Jing Schuz City Man: e ATTEST: NORMA Lindsay Lara City Clerk APPROVED AS TO FORM: *��FE Robert F. pstein City Attorney File No.: 18.01.90 DC Electric Group, Inc. /� By: C*ed,�o C60 Printed Name: Title of Corporate Officer: DC Electric Group, Inc. By: Printed Name: Title of Corporate Officer: ELECTRIC Group, Inc. May 30, 2019 t City of San Rafael Department of Public Works Attn: Rafat Raie 1 I 1 Morphew St. San Rafael, CA 94915 Job Name: Provide Fiber Optics Connection Point to Downtown Signal Grid Job Location: Fire Station 52 to Yd & Union, 2"d & Grand, and 2"`1 & Irwin, San Rafael, CA Dear Rafat: Per your regtresl, a+e offer to pelfarm thefollowing ing work hasecl on our slcrndord terms and eomlitions: Provide fiber optic connection point to downtown signal grid. Work includes the following: • Remove existing push-button in apparatus bay in Fire Station 52. Is Provide and install new enclosure over existing conduit in wall. • Provide and install new EMT conduit from said enclosure through ceiling space into server room. • Provide and install new 12 strand fiber optic cable from server rack to the traffic signal cabinet at 3'a St & Union, 2`1 & Grand, and 2"d & Irwin (approximately 2,500 -LF) through existing conduits. • Splice and terminate new fiber in each ofthe three traffic signal cabinets. • Splice new connectors in server room. • Configure cabinet components and existing network switches. o NOTE: Final terminations to City Network shall be provided by City IT Staff. • Test and confirm proper operation with City IT Staff. Total Lahnr, Nlaterial, and EgWI nrent... $32,675.00 All material and equipment is stock with DC Electric Group, Inc. and ivorlc can hegira within ten (10) ivorking days. i -oral receipt of malerial and Notice to Proceed from the City of Scut Rafael. This price is good for (30) da vs. Any alteralion aI- deviation f •om the clhove specifications involving extra cost o' Inatei-icil of laholledulpmellt will become an extra charge over the sl/!n menllonecl In this contract. This offer is hereby accepted on this day of , 2019. City of San Rafael By: Title: DC Electric Group, Inc. Tim Cartel - Regional Manager DC Electric Group, Inc. 8023 Gravenstein Hwy S., Cotati, CA 94931 t: (707) 992-0141 f: (888) 5258419 Lic, #949934 DIR 41000003395 SBE #1748848 1:0 HIM ELECTRIC Group,inc. May 15, 2019 City of San Rafael Department of Public Works Attn: Rafat Raie 1 I l Morphew St. San Rafael, CA 94915 .lob Name: Replace Four (4) Traffic Signal Cabinets (City -Furnished) on New Foundations Job Location: l.) 0" St & A St, 2.) 0" St & E St, 3.) 5" Ave & A St, 4.) 5`" Ave & C St Dear Rafat: Per your r egirest, we offer to per form the following i•rork at each of the four (4) subject intersections, based on our standard terrrrs and conditions: • Construct temporary framework around existing signal cabinet and suspend in place. • Demolish existing foundation and protect conduits and conductors in place. • Form and pour a new foundation for the new Type OL cabinet, including two new 3" conduits (for future use) to a new DCE furnished #5 (N30) pull -box where determined by City Staff. • Establish temporary traffic control and set intersection to Red Flash. • Place stop signs and disconnect power to intersection (i.e. black.) • Remove and dispose of existing CBD cabinet. • Install new City -furnished OL Cabinet and modify conduits as necessary. • Restore power to intersection and immediately place intersection in Red Flash. Terminate all remaining field conductor's. • Check all detection, signal indications, and restore intersection to full auto -operation. NOTES: - Two (2) of the existing Type I services (5"' Ave) shall be re -attached to the new traffic signal cabinets. - Two (2) of the existing irrigation controllers (41" St) will be installed in externally mounted enclosures on the new traffic signal cabinets. Total Lahoa•, Nlaterial, and Equipment... $37,81.5.00 All rrraterial and equipment is stock with DC Electric Gr-otrp, Inc. and ivork can begin completed within ten (10) tii,orking dgvs fi•oin receipt of material and Notice to Proceed from the Cily of San Rafael. This price is good for (30) clans. Any alteration or deviation fr•orn the above specifications involving extra cost of material or labor/equipment will became an extra charge over the sum mentioned in this contract. DC Electric Group, Inc. 8023 Gravenstein Hwy S., Cotati, CA 94931 t: (707) 992-0141 f: (888) 525-8419 Lic. #949934 DIR #1000003395 SBE #1748848 Exhibit B ELECTRIC Group, Inc. This offer is hereby accepted on this City of San Rafael day of '2019. DC Electric Group, Lac. By: Tim Carter Title: Regional Manager DC Electric Group, Inc. 8023 Gravenstein Hwy S., Cotati, CA 94931 t: (707) 992-0141 f: (888) 525-8419 Lic. 4949934 DIR 41000003395 SBE 111748848 cl � A 2 � y0 C" ry WITH A CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO OR: COIvLPLRTED BY INITIATING DEPARTMENT PROJECT MANAGER Contracting beptflttnent: DI�VJ 1iroJect Manager Rnfat Rata Eztenslow 3473 —_ --- >PtgJect None! Miscellatie'.ous) Traffic Signal Improvements Cont; 6bes Contact; Tim",C CPI}taclts'Rn1ai1:..tin rr cloolectricarot%mpgm RESPONSIBLE STEP DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER (Initials) a. Email PINS Introductory Notice to Contractor b. Email Contract (in Word) & attachments to City Attorney c/o I Project Manager Laraine.Gittensrr cityofsanrafael.org— a. Review, revise and comment raft on dagreement and return to Project 7/22/2019 IK Manager -- 7/29/2019 LG b. CanBrn insurance requirements, create Job on PINS, send PINS _ 2 City Attorney insurance notice to contractor. _ 7/29/2019 LG Approval of final agreement form to send to contractor. (Provide Dept. - - -- Y 3 Department Director Director Financial Sunrnag, a/Agr•eentent) 7/29/2019 BG Forward three (3) originals of final agreement to contractor for their _ 4 Project Manager signature. 7/30/2019 IK When necessary, contractor -signed agreement agendized for Council City Council approval required (m• Pro%sslonal Services Agreements and purchases ojgoods and services that exceed 575,000 and for Public Works 5 Project Manager Co_niracts that exceed S175,000 (Enter dale of Cormcil M_ecdng) PRINT CONTINUE ROUTING PROCESS WITII HARD COPY _ Forward signed original agreement to City Attorney with printed copy of 6 Project Manager this routing form _ Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for public works contracts) 7/30/2019 2-12-1 - -7 _ IK -- 7 City Attorney 8 City Attorney City 9 Manager/Mayor Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to project manager Forward Final Coy to Contractor --L' y I to — City Clerk 11 Project Mane er