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Home My WebLink AboutCC Resolution 13625 (Traffic Signal Preventive Maintenance)RESOLUTION NO. 13625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A TWO-YEAR CONTRACT FOR THE TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND REPAIR PROGRAM 2013/2015, PROJECT NO. 001-44-33001- 9231 TO DC ELECTRIC IN THE AMOUNT OF $126,969.00 ANNUALLY WHEREAS, on August 20, 2013, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Traffic Signal Preventive Maintenance and Repair Program 2013/2015" City Project No. 001-44-33001-9230 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the City recognizes that the apparent low bidder Siemens Industries, Inc. has withdrawn their bid; and WHEREAS, the bid of Don Caramagno dba DC Electric (DC Electric), at the unit prices stated in its bid was the lowest responsible and responsive bid for said work; and WHEREAS, there are sufficient balances in the Department of Public Works operating budget to provide funding for this contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. T'hc Public Works Director is authorized to execute a renewable two year contract with DC Electric in a form approved by the City Attorne), for said work and to return the bidder's bond upon the execution of said contract. 2. At the discretion of the Public Works Director and with the contractor's consent, this contract can be renewed up to three additional two year terms at the same total contract cost provided that adjustments may be made as warranted to the fixed maintenance portions of the contract by the consumer price index (CPI) and with Contractor consent. 3. Funds will be appropriated in the Department of Public Works operating budget to support the activity performed under this contract. 4. The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the Monday, the 7t" day of October, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None `�aY: �...J��'�..Y ��acwo ✓:..., yfnanr': dK":r"P. b.i.. e ESTHER C. BEIRNE, City Clerk File No.: 18.04.01.17 City of San Rafael ♦ California Form of Contract Agreement for TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND REPAIR PROGRAM 2013/2015 PROJECT NO. 001-44-33001-9231 This Agreement is made and entered into this _ day of f== t'''°'�a 2013 by and between the City of San Rafael (hereinafter called City) and Don Caramagno, dba DC Electric (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: Traffic Signal Preventive Maintenance and Repair Program 2013/2015, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any, other insurance available to the City. lI - 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) The work shall be completed between October 2013 and June 30, 2015, and after the date of such notice and with such extensions of time as are provided for in the General Conditions. (c) At the discretion of the City, this contract can be renewed for up to three subsequent two year terms at the same total contract cost provided that adjustments may be made as warranted to the fixed maintenance portions of the contract by the consumer price index (CPI) and with Contractor consent. III - Liquidated Damages It is agreed that liquidated damages shall apply as specified in Section 17-4.03 of the Special Provisions. IV - The Contract Sum The total annual contract amount shall not exceed $126,969. 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 of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate 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. ITEM NO. ITEM 1 Quarterly Routine ;,Maintenance Costs for 86 +Intersections Semi-z\x3nual Routine Maintenance Costs for 86 Intersections 3 ,i\,nnual Routine Maintenance Costs for 86 Intersections UNIT ITEM QTY UNIT PRICE TOTAL 4 Quarters S7,35100 $29,412.00 Semi - Annual $946,00 S1,892.00 Periods 1 _\iinually $10,664.00 $10,664.00 .-annual Total $41,968.00 Page 1 Payment shall be by hourly rate for emergency and non -routine Traffic Signal Maintenance as detailed in the specifications including rates for labor and equipment as noted. All equipment, tools, vehicles, materials, maintenance, labor and appurtenances required to perform the jobs on a call out basis, 24 hours a day, seven days a week; shall be covered by the unit rates for labor. Travel time to and from the job site is not included in the man-hour rate. Only actual hours at the job site will be credited towards actual payment. V - Payments The Contractor shall bill the City monthly for routine preventive maintenance and as performed for all other work. VI - Payments City will pay Contractor upon presentation of bills to the Department of Puble Works at 111 Morphew Street, San Rafael, CA for services performed under this contract. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. VII — Indemnification Contractor will indemnify, release, defend and hold harmless City, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of Contractor or Contractor's officers, agents and employees in the performance of their duties and obligations under this contract. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: ,r .,�r„,.a' e .yeti. �..,,4�" �';:�. F �� ''•+� ,w+G,.,�C, �,""•�:�',,,......,..,...,,�.,,-�,..,.,.—.'.;,... - Esther C. Beir lh! — - - Nader• Marrsouriarr City Clerk Public Works Director APPROVED AS TO FORM: F�;steira City :Attorney File No.: 18.04.01.17 DC Eleic: - Y 4 yam ...... ....... r... ... 4b V ry By. t Printed Name. t "Title; Page 2 Rate (Man-Hourl Routine Work Emergency "call -out" Work (Weekends, Item Description (8AM-5PM M -F) Night, Overtime, Holidays) 1 Electrician $ 97.00 $ 172.00 2 Laborer $67.00 $ 112.00 3 Material MarkUp 15% 4 Hydraulic Bucket $28.00 Truck 5 15 Ton Crane $85.00 V - Payments The Contractor shall bill the City monthly for routine preventive maintenance and as performed for all other work. VI - Payments City will pay Contractor upon presentation of bills to the Department of Puble Works at 111 Morphew Street, San Rafael, CA for services performed under this contract. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. VII — Indemnification Contractor will indemnify, release, defend and hold harmless City, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of Contractor or Contractor's officers, agents and employees in the performance of their duties and obligations under this contract. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: ,r .,�r„,.a' e .yeti. �..,,4�" �';:�. F �� ''•+� ,w+G,.,�C, �,""•�:�',,,......,..,...,,�.,,-�,..,.,.—.'.;,... - Esther C. Beir lh! — - - Nader• Marrsouriarr City Clerk Public Works Director APPROVED AS TO FORM: F�;steira City :Attorney File No.: 18.04.01.17 DC Eleic: - Y 4 yam ...... ....... r... ... 4b V ry By. t Printed Name. t "Title; Page 2 DCELE-1 OP ID: JC DATE (MMIDDfYYYY)CERTIFICATE OF LIABILITY INSURANCE I 10/2312013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTAPRODUCER Phone: 800-591-9692 NAME: Dan Smith First Service Inc. PHONE FAX No): 800-591-1845 Lia Fax: 800-591-1845 #OC13d73 ((A/c, No. Exfl: 800-591-9692 215 Estates Dr. Ste. 1 ADDRESS: com panym ailp_firstserviceweb.com Roseville, CA 95678 Don Smith INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Preserver Insurance Company INSURED DC Electric Group, Inc I INSURER B: 8023 Gravenstein Highway,South -- Cotati, CA 94931 I INSURER C: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SU8 POLICY EFF POLICY EXP LIMffS LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) C (MMtODlYYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED = CLAIMS -MADE D OCCUR. GEN'L AGGREGATE LIMIT APPLIES PER. POLICY PFoT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTGS AUTOS HIRED AUTOS NON -OWNED AUTOS I UMBRELLA LIAB '_ I GCUR EXCESS LIAB C. A;pfS_M1ADE j I I DED I 1 RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN A ANrPROPRIETOR%PARTNER:'E�"ECL,TiVE ❑ OFFICERA4EM:BER EXCLUDED 7 Y !NIA (Mandatory in NH) Lyes, desntbe under DESCPIPTIC N OF OPERATIONS teie>N PREMISES (Ea occurrence} $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE 1j $ j PRODUCTS- COMP/OP AG,-, { $ 1$ COMBINED SINGLE LIMIT (Ea accident} $ BODILI' INJURY (Per person) $ BODILY INJURY (Per acudent) $ PROPERTY DAMAGE (Per acctaent) $ EACH OCCURRENCE j$ (AGGREGATE �$ �$ TH- X ( TORY I �`ER 1T NUTS WCC7018052 03/09/2013 0310912014 j E L EACH ACCIDENT ! $ 1,000,000 E L DISEASE- EA EP4PLOYEE1 $ 1,000,000 E L DISEASE- POLICY LIMIT 1$ 1,000,000 { I i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHCLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Insurance Job: TS Maintenance and Repair Program 2013/2015. CERTIFICATE HOLDER City of San Rafael Dept of Public Works FAX: 415-485-3334 111 Morphew St. ,San Rafael. CA 94915 ACORD 25 (2010(05) CANCELLATION COFSANR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ik O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NAMED INSURED: DC Electric POLICY NUMBER: PPKICS7164 PI-MANU-1 (01100) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COASMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/C%IPLETED OPERATIONS LIABILITY COVERAGE PART SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION, 4. Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirely and replaced with the following condition: If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and noncontributory, and the "Insured contract" is executed prior to any loss. Where required by a written contract signed by both parties, this insurance will be primary & non-contributing only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contributory by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit if insurance to the total applicable limits of insurance of all insurers. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Alt ether terms and conditions of this Poi;cy remain unchanged Page i of 1 NAMED INSURED: DC Electric POLICY NUMBER: ppg1057164 n�q COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract SCHEDULE Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc.. 2004 Page 1 of 1 UNIFORM ISR PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST ANIS ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor ! or Agreement executed by Council authorized Head_ official. 6 _Department City Clerk City Clerk attests signatures, retains original _____ _ ��, agreement and forwards copies to the °"' �` contracting department. J I'o be completed by Contracting Department; p - Project i!vlanager:'� " :: ' __ = R_ Project Name r----- ° — ------ Agendized for City Council .Xfeeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. ' Council approval is required if contract is over 520,000 on a cLinaulative basis. CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 4„h DATE OF MEETING: 10/7/13 FROM: NADER MANSOURIAN DEPARTMENT: PUBLIC WORKS DATE: 09/27/13 TITLE OF DOCUMENT: REPORT OF BID OPENING AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A TWO-YEAR CONTRACT FOR THE TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND REPAIR PROGRAM 2013/2015, PROJECT NO. 001-44-33001-9231 TO DC ELECTRIC IN THE AMOUNT OF $126,969.00 ANNUALLY Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: Ci City Attorney (s4ai'ure) i,j File No.: 18.04.01,17