HomeMy WebLinkAboutPW Downtown Communication ProjectCity of San Rafael ♦ California
Form of Agreement for Informal Bids
Downtown Communication Project
This Agreement is made and entered into this LP day of MON I.YC., 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 "Downtown Communication Project," all in accordance with the Contractor's proposal attached hereto as
Attachment A.
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. Bonds.
No bonds are required for this project.
4. 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 30 Working Days, and with such reasonable
extensions of time as may be requested by Contractor and approved by City.
5. 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.
6. 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 $96,299.00 unless a written amendment is executed by the City and the Contractor.
BID ITEMS
ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
1. Downtown Communication Upgrade 1 LS '�P $96,299.00 = $96,299.00
GRAND TOTAL BID $96,299.00
Agreement • Page I of 6 O ffiG I N lid L
4-3-$0
7. 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.
(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.
8. 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, lie 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 terms 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 terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.
9. Insurance.
(a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following
insurance policies:
1. 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.
2. 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:
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I . 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 0104 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.
(d) 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 endorsements 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.
10. Indemnification.
(a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City,
and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from
and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to
attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of
Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's
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obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or
willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in
proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition,
the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or
employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City
Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's
performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at
City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
(b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any
way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
IL 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.
12. 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.
13. 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 terms and conditions of this Agreement, to the other party.
14. Notices.
All notices and other communications required or permitted 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
1 1 1 Morphew Street
San Rafael, CA 94901
To Contractor: DC Electric Group, Inc.
8023 Gravenstein Flwy S.
Cotati, CA 94931
15. 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.
16. Entire Agreement; Amendments.
(a) The terms 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.
Page 4 of 6
(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 terms 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 terms and conditions of the attached
exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control.
17. Waivers.
The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance,
law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of
any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, perforniance, 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 term, condition, covenant of this
Agreement or any applicable law, ordinance or regulation.
18. 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).
19. 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.
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CITY OF SAN RAFAEL:
An Schutz
City Manage
ATTEST:
`rc WO -1-01
Lindsay Lama µ
City Clerk
APPROVED AS TO FORM:
AAA -
Robert F. Epstein
City Attorney
File No.: 18.01.88
DC Electric Group, Inc.
sy.
Printed Name: ��
Title of Corporate Officer: r
DC Electric Group, Inc.
By:
kuA6 n -
Printed Name:
Title of Corporates Officer:
Page 6 of 6
Attachment A
ELECTRIC
Group, Inc.
February 4, 2018
City of San Rafael
Department of Public Works
111 Morphew St.
San Rafael, CA 94915
Attn: Rafat Raie
Job Name: Downtown Communication Upgrades
Job Location: Various Downtown Intersections
Dear Rafat:
Due to ongoing traffic congestion and citizen complaints regarding the coordination of intersections along 2nd
and 3`d streets in the downtown core we are proposing an upgrade to the existing communication and controller
infrastructure. Currently the intersections on 2nd and 3`d St. West of Lindaro are connected to Aries, an outdated
and no longer supported traffic signal management system, while the intersections East of Lindaro are
connected to Centracs, a modern and supported central management system. This disparity prevents the signals
adjacent to each other from keeping their clocks in sync which in turn prevents the smooth flow of traffic
through the downtown core. The goal of this proposal is to update the communication and controller
infrastructure to allow all of the intersections to communicate with Centracs and provide reliable coordination
for one the major thoroughfares between West Marin and Highway 101.
In conjunction with this work we will also be upgrading the Andersen Dr corridor from Lindaro to Bellam so that
It can also communicate with Centracs. The intersections along 41h St, 51h St and the Miracle Mile West of Lincoln
will be transitioned off of Aries and instead be connected to a reliable GPS clock to improve synchronization
until future infrastructure upgrades can be made to connect those intersections to Centracs as well.
Scope of Work
Fiber Optic Installation
• Pull new 24 strand fiber optic cable:
o From 3rd /Lincoln to 3`d/Lindaro
o From 2nd/Lincoln to 2nd/Lindaro
o From 2nd/Lindaro to 2nd/A st.
Furnish and install wall mount fiber splice enclosures in each traffic signal cabinet with LC connector
terminations
DC Electric Group, Inc. 8023 Gravenstein Hwy S., Cotati, CA 94931 t: (707) 992-0141 f: (888) 525-8419
Lic. #949934 DIR 41000003395 SBE #1748848
Attachment A
ELECTRIC
Group, lnc.
• Splice 12 strands of fiber per cable and terminate in the splice enclosures (72 splices total)
• Configure and install Actelis 680DF fiber switches from City stock at 3`d/Lincoln, 3`d/Lindaro, 2"d/Lincoln,
2"d/Lindaro to connect to existing network
• Furnish and install Actelis 684D ethernet over copper switch at 2nd/A st to transition from Fiber network
to existing copper interconnect
• Replace the existing ASC2 controller at 2nd/A st with a Cobalt controller from City stock
■ Configure controllers at the included intersections to communicate with the City's Centracs system and
connect them to the network
Conversion of 2nd and 3`d st from Aries to Centracs
• Furnish, program and install Actelis 684D copper over ethernet switches at all of the intersections on 2nd
and 3`d st between A st and Shaver st —11 locations total
• Program and install ASC/3 and Cobalt controllers from City stock to replace the existing ASC2 controllers
at 9 locations:
o 2nd @ B st, C st, D st, E st, Shaver and G st
o 3`d @ A st, E st and Shaver
• Configure and connect controllers to the existing Centracs network
• Furnish and install GPS clock at 2nd/G st to keep time synced with Centracs system
• Furnish and install GPS clock connected to master controller at 511/E to keep 4"' and 5'h st controller's
time synced with Centracs
Conversion of Andersen Dr from Aries to Centracs
• Configure and install City supplied ethernet radios at 2"d/Lindaro and Linda ro/Corporate Center to
create a link between the existing Centracs network and Andersen Dr
• Furnish, program and install Actelis 684D copper over ethernet switches at:
o Lindaro/Corporate Center
o Linda ro/Andersen
o Andersen/Irwin
o Andersen/Du Bois
o Andersen/Francisco
o Andersen/Bellam
• Furnish, program and install Cobalt controllers to replace existing ASC2 controllers at:
o Lindaro/Corporate Center
o Lindaro/Andersen
c Andersen/Irwin
o Andersen/Du Bois
• Configure and connect controllers to the existing Centracs network
DC Electric Group, Inc. 8023 Gravenstein Hwy S., Cotati, CA 94931 t: (707) 992-0141 f: (888) 525-8419
Lic. #949934 DIR #1000003395 SBE #11748848
Attachment A
® ELECTRIC
Group, lnc.
Centracs Configuration
Configure Centracs to communicate with all newly connected controllers, includes:
o Add entity to Centracs system
o Configure communication properties and test comms to the field
o Create intersection graphics for viewing status information
o Upload and save all controller databases
Work can begin within ten (10) days from receipt of Notice to Proceed from the City of San Rafael.
Tota! Labor, Material, & Erluij)merrt... $96,299
This price is valid for 30 days and assumes work will be done directly for the City of San Rafael and excludes any
potential fees/permits. Any change to the above schedule/scope of work will need to be negotiated in writing in
advance of said work.
This proposal is hereby accepted on this day of '2019.
City of San Rafael
By:
DC Electric Group, Inc.
John Abraham
Title:
Regional Manager
DC Electric Group, Inc. 8023 Gravenstein Hwy S., Cotati, CA 94931 t: (707) 992-0141 f: (888) 525 8419
Lic. #949934 DIR 131000003395 SBE #1748848
ELECTRIC
Group, Inc.
LETTER OF TRANSMITTAL
TO: Lauren Davini
City of San Rafael
Department of Public Works
111 Morphew St.
San Rafael, CA 94915
WE ARE SENDING YOU:
DATE: February 27, 2019
PROJECT NAME: Downtown Communication
Project
PROJECT NO.:
RE: Contract
Copies
Attached
No.
UPS Overnight
3
Faxed
x
Hand Delivered
x
Contracts
Change Order
Specs
Samples
Drawings
Plans
Insurance
Bonds
Copies
Date
No.
Description
3
Downtown Communication Project - Contract
REMARKS:
Hi Lauren,
Enclosed are the (3) originals of the above-mentioned contract. The insurance has been
uploaded by our broker into the PINS system. If you have any questions or need anything else,
just let me know.
Thanks,
Shannon
Signed:
P.O. Box 7525, Cotati, CA 94931 (707) 992-0141 Office (888) 525-8419 Fax License# 949931
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Rafat Raie Extension: 3473
Contractor Name: DC Electric
Contractor's Contact: Tim Carter Contact's Email: tim@dcelectricgroup.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION COMPLETED
REVIEWER
DEPARTMENT
DATE
a. Email PINS Introductory Notice to Contractor
Check/Initial
1
Project Manager
❑X
b. Email contract (in Word) and attachments to City 2/12/2019
Attorney c/o Laraine.Gittens@citvofsanrafael.org
c. Check with City Attorney re Insurance
Requirements for extra small or large projects
a. Review, revise, and comment on draft agreement
2/21/2019
2
City Attorney
❑X LG
and return to Project Manager
2/21/2019
❑X LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
2/21/2019
❑X _BG_
contractor
4
Project Manager
Forward three (3) originals of final agreement to
2/21/2019
❑X
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑x N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
3�
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
31s1 n
Q�
agreementh�-
8
City Attorney
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
c 9
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
10 City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
2>1 V 1