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HomeMy WebLinkAbout11/16/2011 - STAFF REPORTS - 2L h OF PALM SA�i % City of Palm Springs x Department of Public Works and Engineering 3200 East Tahquitz Canyon Way•Palm Springs,California 92262 Tel:(760)323-8253•Fax:(760)322-8325•Web:www.palmspringsca.gov Cq[/FO RN\P November 9, 2011 Mr. Jim Perry Via Facsimile: (951) 296-9978 DBX, Inc. Via E-Mail: chariesdbx@hotmail.com 42024 Avenida Alvarado, Suite A Temecula, CA 92590 Re: 201012011 Traffic Signal Improvements, City Project 10-07 Dear Mr. Perry, I have received your letter of October 28, 2011, protesting the City's determination that your bid is non-responsive, as indicated in my letter to you dated October 27, 2011. In your letter you identify three facts that justify your failure to demonstrate good faith efforts to comply with the City's Local Business Preference Program. In reviewing those facts, 1 offer the following responses: 1. Although this project consists of the modification to three existing traffic signals, there is associated work involving trench repairs (asphalt concrete paving), and removal and replacement of existing concrete improvements (curb ramps and sidewalk). Although this work may be performed by DBX, Inc., these materials (asphalt or concrete) could be furnished by local businesses. 2. Although the main traffic signal items are identified as sole source items, there are associated electrical conduit, fittings, and other materials to be furnished and installed that may be furnished by local businesses. 3. The City's Local Business Preference Program requires that contractors demonstrate good faith efforts to comply with Palm Springs Ordinance No. 1756. Given that certain materials associated with the traffic signal improvements may be furnished by local businesses, we do not agree a good faith effort would have represented "sham and false advertising" as you have indicated. It is staffs recommendation to the City Council that your bid be considered non-responsive given a failure to demonstrate an effort towards compliance with the City's Local Business Preference Program. As the next lowest bidder (Sully-Miller Contracting Company) did demonstrate a good faith effort to comply, it is our opinion that an opportunity does exist with this project to include local participation as required by City Ordinance No. 1756. 1 have included a copy of the Local Business Preference Program — Good Faith Efforts information submitted by Sully-Miller Contracting Company for your reference. The City Council will consider your protest concurrently with the recommended award of contract to Sully-Miller Contracting Company as the lowest responsive bidder. The item is scheduled for the November 16, 2011, meeting, and will be considered as Item 2L of the Consent Calendar. A copy of the staff report is enclosed for your reference. Mr. Jim Perry November 9, 2011 Page 2 In order for you to be heard by the City Council, it will be necessary for you to appear at the November 16, 2011, City Council meeting which begins at 6:00 PM at City Hall. Following presentations scheduled at the beginning of the meeting, your opportunity to speak will be provided during Public Comments. You will need to obtain a speaker card from the City Clerk prior to the meeting, and submit it to him in order to be listed as a public speaker and called upon by the Mayor to be heard. During public comments, you will be provided three minutes to speak before the Council. If additional speakers attend with you, each will need to submit a speaker card to the City Clerk, and each will be provided three minutes separately as called upon by the Mayor. Please understand that the public comment portion of the City Council meeting does not allow for any separate discussion of the item in question by the City Council, and the Council may not respond to questions raised by you at that time. The item will be considered as part of the Consent Calendar following the public comments. The Council may or may not pull the item for a separate discussion following your protest submitted during public comments. I regret that we are recommending Council consider your bid non-responsive. However, I have an obligation to ensure the bids submitted comply with all of the requirements stipulated in the special provisions, which include City Ordinance No. 1756. If you have any questions, please feel free to contact me at (760) 323-8253, extension 8744, or by e-mail at Marcus.Fuller@palmspringsca.gov. Sincerely, Marcus L. Fuller, P.E., P.L.S. Assistant Director of Public Works/ Assistant City Engineer cc: James Donich Craig Gladders James Thompson File D 42024 AVENIDA ALVARADO,SUITE A B Inc n^. TEMECULA,CALIFORNIA 92590 X 1 1 V (951)296-9909 FAX (951)296-9978 October 28,2011 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 Attn: Marcus Fuller,P.E.,P.L.S. Asst. Director of Public Works/ Asst. City Engineer Re: 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS,CITY PROJECT 10-07 We respectfully protest and appeal the City of Palm Springs decision to not award the 2010/2011 Traffic Signal Improvement project,City Project No. 10-07,to DBX, Inc. for failure to show "Good Faith Efforts"to comply with the"Local Business Preference Program". DBX has based its appeal on the following reasons and facts: i. There was 0%portion of the work to subcontract out to a local business(i.e. striping, paving,etc.). The work for this project was strictly traffic signal related which is our specialty and portion of work. 2. Materials that were specified in the bid book to be supplied were"sole source items",(i.e. Iteris-Cameras,McCain-Controllers,Cabinets,BBS and Signal Heads,and Tomar- EVPE). Since the materials specified were sole source they could not be provided by a local vendor or supplier. 3. We at DBX feel strongly that we did put forth a"Good Faith Effort"based solely on not advertising for local subs or vendors who could not provide the services or products that this particular project called out for. In fact it is our opinion that if we had advertised, it would not have been in"Good Faith", but a sham and false advertising based on the above listed reasons. If you have any questions,please contact me at(951)296-9909. Th yoy� im Perry President "AN EQUAL OPPORTUNITY EMPLOYER" LOCAL BUSINESS PREFERENCE PROGRAM- GOOD FAITH EFFORTS City Project No.: 10-07 Bid Opening Date October 18, 2011 The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection(5)"Local Preference in Public Works Contracts(Sub-Contracting)",which states: The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contracts are qualified to perform the work or supply the materials or equipment.Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with Palm Springs Ordinance No. 1756. in the event no local firm(as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of Subcontractors" submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project. Local Subcontractors not listed on the List of Subcontractors: 0114C Local firms that will furnish materials or supplies to the Bidder for this project: D�s�1 EL�c�iC SNP.day 76oJ 3Z7- /,y6 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO.10-07 LOCAL BUSINESS PREFERENCE PROGRAM September 1,2011 GOOD FAITH EFFORTS BID FORMS-PAGE 16 I I LOCAL BUSINESS PREFERENCE PROGRAM-GOOD FAITH EFFORTS (CONTINUED) In the event no local firms (as defined in Ordinance No. 1756) will provide services, or furnish materials and supplies to the Bidder for this project, the Bidder shall provide information sufficient to demonstrate good faith efforts to do so. Examples of information accepted by the City to demonstrate good faith efforts shall be Included below: A. The names and dates of each publication in which a request for participation by local firms for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement Construction Up-Date October 10, 2011 Compliance News October 5, 2011 B. The names and dates of written notices sent to local firms soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the local firms were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Follow Up Methods firms Initial and Dates Solicited Solicitation "Please see attached' ` 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO.10-07 LOCAL BUSINESS PREFERENCE PROGRAM September 1,2011 GOOD FAITH EFFORTS BID FORMS-PAGE 17 C. The items of work which the bidder made available to local firms, including, where appropriate, any breaking down of the contract work items (including those items I normally performed by the bidder with its own forces)into economically feasible units to facilitate participation by local firms. Items of Work Bidder Breakdown of Items Amount Percentage Normally M Of Performs Item Contract (Y/N) i **Please see attached** i i I D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidder's rejection of the local firms, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each firm if the selected firm is not a local firm: j Names, addresses and phone numbers of rejected local firms and the reasons for the bidder's rejection of the local firms: Names, addresses and phone numbers of firms selected for the work above: NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO.10-07 LOCAL BUSINESS PREFERENCE PROGRAM September 1,2011 GOOD FAITH EFFORTS BID FORMS-PAGE 18 Subbids Requested From Qualified (LOCAL HIRE) Subs and Suppliers FOR: CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 BID DATE: OCTOBER 18, 2011 @ 3:00 PM TRADES REQUESTED (but not limited to): STRIPING & MARKING, SIGNING,ELECTRICAL MATERIALS (CONDUIT, WIRE, POLES, DISPLAY, CONTROLLER, EVP, VIDEO DETECTION) TRUCKING, MATERIALS, AND RENTAL EQUIPMENT Sully-Miller Contracting Company An Equal Opportunity Employer License No. 747612A 135 S. State College Blvd., Suite 400, Brea, CA 92821 Phone: (714) 578-9600 FAX: (714) 578-9672 Contact: Estimating Department Plans, specifications and project requirements are available in our office for viewing or may be obtained from the Engineering Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262, (760) 323-8263 x8738. Sully-Miller is willing to set aside any portion of work, no matter how small to encourage (LOCAL HIRE) participation. If you require information regarding assistance in obtaining bonding, insurance, credit, equipment, supplies, materials, or related services, please call our office. 100% Payment and Performance bonds May Be Required YOU Construction Up-Date and Minority Bidders Bulletin would like to thank you and your company for your recent and continued business. If you have any questions, comments or suggestions on how CU and MBB could further help your company in meeting the "Good Faith Effort"advertising needs, please let us know. REMEMBER - 241000 00 PER AD (minimurn2) We are a Trade and Focus Publication Approved by the State of California, Department of General Services &other State Agencies We fulfill another step in your MMI/DBE/DVBEISBE "Good Faith Efforts" ublished twice a week,distributed statewide&placed on the World Wide Web Publishing Dates&Advertising Deadlines We publish every Monday and Thursday To place an ad In Monday's Minority Bidders Bulletin edition the deadline is 4:00 P.M.on Friday To place an ad In Thursday's Construction Up-Date edition the deadline is 4:00 P.M.on Wednesday AD INFORMATION SUB BIDS REQUESTED FROM QUAUFIED MM IDBMVBE/SBE SUBCONTRACTORS AND SUPPLIERS Project City of Palm Springs Indian Canyon Drive at San Rafael Road Project Number 10-07 Project Location Palm Springs CA Bid Date and Time October 18, 2011 3:00 PM Respond By Company Name Sully-Miller Contracting Company Contact Name Vanessa Dhupchinda Address/City/State/Zip 135 S. State College Boulevard Suite 400 Brea, CA 92821 Phone (714) 578-9600 Fax (714) 578-9672 Additional Information **Please see attached" Run Ad On Following Dates CNSTW� Just fill out this form and fax it to (858) 487-3500 If you have any questions, please call us at (858) 487-2600 P. 1 * * COMMUNICATION RESULT REPORT ( OCT. 4. 2011 2:57PM FAX HEADER 1 : SULLY-MILLER ESTIMATING FAX HEADER 2: 714 449-8776 TRANSMITTED/STORED OCT. 4. 2011 2:56PM FILE MODE OPTION ADDRESS RESULT PAGE ---------------------------------------------------------------------------------------------------- 4948 MEMORY TX 18584873500 OK 2/2 ---------------------------------------------------------------------------------------------------- REASON FOR ERROR E-1 HANG UP OR LINE FAIL E-2) BUSY E-3 NO ANSWER E-4) NO FACSIMILE CONNECTION 7HEANK woU . Construction Up-Date and Minority Bidders Bulletin would like to thank you and your company for your recent and continued business. If you have any questions, comments or suggestions on how CU and MBB could further help your Company in meeting the "Good Faith Effort"advertising needs, please let us know. REMEMBER. — EVV Z d a®(0 PER AD (mini ium 2) we era at Trade and Focus Publication Approved by the State of Califomis,Department of General Servioee &other State Agencies We fulfill another$tsp in your 11111 W1DSE/DVeE/S9E 'Good Faith Efforts ublished twice a week,Qistributed statewide&placed on the World Wide Web .g blishing Dates&Advertising Deadlines We publish every Monday and Thursday . To place an ad in noonday's Nffnerily Bidders Bulletin adftlon the deadline is 4:00 P-M.on 176day To place an ad In 7harsday's Construction Up-Date edition the,deadline Is 4:00 P.M.on Wednesday FO MA'TIQN SUB BIDS REQUE ED FROM QUALAF7ED RUWCjR0 Va BBE SUBCON ORS AND SUPPttSRs Prcjaot_Citv of Palm Springs Indian Canyon Drive at San Rafael Road Project Number 10-07 ' _ Project Location •Palm Springs CA Bid Date and Time october18,2011 WOO PM Respond By Company Name Sully-Miller Contracting CompanY Contact Name Vanessa Dhupchl rr_da Address/Cityl$tateI 135 S. State College Boulevard. Suite 400, Brea CA 92821 Phone ' (714) 578-9600 Fax (714) 578-9672 Additional Information **Please see attached"* Run Ad On Following Dates CQNST Just fill out this form and fax it to (85.8) 487-3500 If you hale any questions, please call us at (868) 487-2600 PUBLICATION AFFIDAVIT FILE COPY lot DECLARATION OF PUBLICATION STATE OF CALIFORNIA IF a I-I LE D Suzie Davii�d-son/Art Director Sub Bids Requested From Qualified (LOCAL HJRE) Subs and Suppliers FOR: CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 BID DATE: OCTOBER 18, 2011 @ 3:00 PM TRADES REQUESTED (but not limited to): STRIPING 6s MARKING, SIGNING, ELECTRICAL MATERIALS (CONDUIT, WIRE, POLES, DISPLAY, CONTROLLER, EVP, VIDEO DETECTION), TRUCKING, MATERIALS, AND RENTAL EQUIPMENT SULLY-MILLER CONTRACTING COMPANY An Equal Opportunity Employer License No. 747612A 135 S. State College Boulevard, Suite 400, Brea, CA 92821 Phone: (714) 578-9600 • Fax: (714) 578-9672 Contact: Estimating Department Plans, specifications and project requirements are available in our office for viewing or may be obtained from the Engineering Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262, (760) 323-8253 x8738. Sully- Miller is willing to set aside any portion. of work, no matter how small to encourage (LOCAL HIRE) participation. If you require information regarding assistance in obtaining bonding, insurance, credit, equipment, supplies, materials, or related services, please call our office. 100% Payment and Performance Bonds May Be Required The undersigns declares: I am.over the age of 18 years and a citizen of the United States.I am not a patty to and have no interest in this matter.I am principal clerk of the publisher of the Construction Up-Date,Inc,and Minority B idders Bulletin, a trade/ focus publication in the City of San Diego,the County of San Diego,and the State of California.This notice,a true copy hereon, was published on the below date(s): i I declare under penalfty of perjury that the foregoing is true and correct. Executed at San Diego,Califomia signature CONST DATES PUBLISHED ohm INC own$ e.u,aK TRADE PUBLICAVON FOCUS PU81,[CA7ION ALSO DISPLAYED ON WEB SITE @ hUp:/hvww.goo4faitheffort.com Phone Number(858)487.2600 16885 W. Bernardo Dr., Suite 335,San Diego,CA 92127 Fax Number(858)487-3600 Subbids Requested From Qualified (LOCAL HIRE) Subs and Suppliers FOR: CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 BID DATE: OCTOBER 18, 2011 @ 3:00 PM TRADES REQUESTED (but not limited to): STRIPING & MARKING, SIGNING,ELECTRICAL MATERIALS (CONDUIT, WIRE, POLES, DISPLAY, CONTROLLER, EVP, VIDEO DETECTION) TRUCKING, MATERIALS, AND RENTAL EQUIPMENT Sully-Miller Contracting Company An Equal Opportunity Employer License No. 747612A 135 S. State College Blvd., Suite 400, Brea, CA 92821 Phone: (714) 578-9600 FAX: (714) 578-9672 Contact: Estimating Department Plans, specifications and project requirements are available in our office for viewing or may be obtained from the Engineering Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262, (760) 323-8263 x8738. Sully-Miller is willing to set aside any portion of work, no matter how small to encourage (LOCAL HIRE) participation. If you require information regarding assistance in obtaining bonding, insurance, credit, equipment, supplies, materials, or related services, please call our office. 100% Payment and Performance bonds May Be Required compliance news Have an Internet Connection? Complete your GFE online at Fax this Form to (562)439-1398 http://www.comi2liancenews.cpm Call (800)599-6996 with questions Good-Faith Effort Fax Form 3.0 Please print clearly in black ink—IMPERATIVE ACCURATE INFORMATION Company Info— Company Name Sully-Miller Contracting Company Your Name Vanessa Dhupchinda Address 135 S. State College Boulevard, Suite 400, City Brea State CA Zip 92821 Phone_ (714) 578-9600 Fax (714) 578-9672 Email Dhupchinda@sully-millier.com Web Site www.sully-miller.com Contact Name for Ads and/or Letters Vanessa Dhupchinda Project Info— Project Awarding Dept/Agency/Owner City of Palm Springs Project Awarding DeptlAgency/Owner Tel 7( 60 ) 323 - 8253 x8738 Project Name Indian Canyon Drive At San Rafael Road Circle Engineer's Estimate: 0-350 350k-500k OOk-750k 750k-1M 1M-3M 3M-6M 6M-10M 10M+ Circle Category/s: DVBE UDBE DBE MBE WBE OBE(EiD Local Hire Subs and Suppliers to provide: *"Please see attached** Project Location (city) Palm Springs (state) CA (zip) Bid Due Date October 18, 2011 Bid Due Time 3:00 PM Bid Solicitation Contract Number 10-07 Check one of the following: _ 1. The Works(Entire Good Faith Effort Process):$85 Publish Ads+Log + Fed/State/Local Contact+Fax Solicitation Letters&Copies X 2. Publish Ads&Return Proofs:$35 Total Both Ads(Trade& Focus) _3. Publish Ads&Print Log(No Letters): $55 _4. Letters& Log (No Ads):$55 . Circle Card Type: Visa MasterCard AMEX Discover Name On Card: Zipcode of Billing Address: Credit Card Number: Expiration Date: Optional.Please forward PN bid-advantage participation documents for this project (1) We are a SBE seeking DVBE participation for a 5%bid advantage (2) We are a non-SBE seeking SBE&DVBE participation for a 10%bid advantage (3) We are a non-SBE seeking DVBE participation for a 5%bid advantage (4) We are a non-DBE seeking DBE participation. DBE Goal% P. 1 * * * COMMUNICATION RESULT REPORT ( OCT. 4. 2011 2:58PM I FAX HEADER 1 : SULLY-MILLER ESTIMATING FAX HEADER 2: 714 449-8776 TRANSMITTED/STORED OCT. 4. 2011 2:56PM FILE MODE OPTION ADDRESS RESULT PAGE ---------------------------------------------------------------------------------------------------- 4949 MEMORY TX 15624391398 OK 2/2 ----------------------- ------------- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO AN E-4) NO FACSIMILE CONNECTION -.. ..- _......-...... .. __.I compliance M news Have an Internet Connection? Fax this Form to(562)439-1398 Complete your GFE online at Call (800)599-6996 with questions MW&W- -0•-omollancenews=corn Good-Faith Effort Fax Form 3-0 Please print clearly in black ink—IMPERATIVE ACCURATE INFORMATION Company Name_ Sully-Miller Contractin. Comuanv Pany lrrfb YourName_Vanessa DhuachPnda Address 135 S.State College Boulevard. Suite 400 City Brea State CA Z]p 92821 Phone 714 57$ 9600 Fax Email DhupchindaQsully-millier.com Web Site www.suilY-miller.com Contact Name for Ads and/or Letters_ Vanessa Dhupchinda Project Awarding Dept/Agenoy/Owner Cily of Palm Springs Project Infu-- Project Awarding Dept/Agency/owner Tel (_ 760 ) 323 - 8253 X8738 Project Name Indian Canyon Drive At San Rafael Road Circle Frigineer's Estimate: 0-350 350k--500k OOk-750k 750k-1M 1M_3M SM-,GM 6M-1OM 1OM+ Circle Category/s; DVBE UDBE DB MBE WBE p6 OTHE Local Hire Subs and Suppliers to provide: "Please see attached'* Project Location(city) Palm Springs (state) CA (zip) Bid Due Date October 18, 2011 Bid Due Time 3:00 PM Bid Solicitation Contract Number 10-07 Check one of the following: _ 1.The Works(Entire Good Faith Effort Process):$85 Publish Ads+Log +Fed/State/Local Contact+Fax Solicitation Letters&Copies X 2. Publish Ads&Return Proofs;$35 Total Both Ads (Trade&Focus) _3. Publish Ads&Print Log (No Letters):$56 _4. Letters&Log(No Ads):$66 Circle Card Type: Visa MasterCard AMEX Discover Name On Card: Zipcode of Billing Address: Credit Card Number: Expiration Date: Optional_Please forward PN bid-advantage participation documents for this project (1) We are a SBE seeking DVBE participation for a 5%bid advantage (2) We are a non-SBE Seeking SBE&DVBE participation for a 10%bid advantage (3) We are a non-SBE seeking DVBE partlaipation for a 5%bid advantage (4) We are a non-DBE seeking DBE participation. DBE Goal 51. Compliance News Daily Focus Journal Publication Affidavit-Declaration of Publication -- State of California Sully-Miller Contracting Company Contact:Vanessa Dhupchinda is seeking certified and qualified Local Hire subs 135 S.State College Boulevard,Suite 400 and/or suppliers to provide Brea,CA,92821 STRIPING&MARKING,SIGNING, Phone:(714)578-9600 ELECTRICAL MATERIALS(CONDUIT,WIRE, Fax:(714)578-9672 POLES,DISPLAY,CONTROLLER,EVP,VIDEO EmaiLdhupchinda@sully-miller.com DETECTION),TRUCKING,MATERIALS,AND RENTAL EQUIPMENT Bid Due on:10/18/2011 at 03:00 PM for CITY OF PALM SPRINGS:INDIAN Solicitation Number: 10-07 CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS- CITY PROJECT NO. 10-07 in Palm Springs,CA Sully-Miller Contracting Company An Equal Opportunity Employer License No.747612A 135 S.State College Blvd.,Suite 400,Brea,CA 92821 Phone:(714)578-9600 FAX:(714)578-9672 Contact:Estimating Department Plans,specifications and project requirements are available in our office for viewing or may be obtained from the Engineering Department,3200 East Tahquitz Canyon Way,Palm Springs,CA 92262,(760)323-8253 x8738.Sully-Miller is willing to set aside any portion of work,no matter how small to encourage(LOCAL HIRE) participation.If you require information regarding assistance in obtaining bonding,insurance,credit, equipment,supplies,materials,or related services, please call our office. 100%Payment and Performance bonds May Be Required The Sully-Miller Contracting Company Good Faith Effort ad has been published in both the Compliance News Internet and Hard-Copy publications. Located Online at:http://www.compliancmews.com/classified_daily The undersigned declares: I am over the age of 18 years and a citizen of the United States.I am the principal publisher of the Compliance News Monthly Trade Journal in the City of Long Beach,County of Los Angeles,and the State of California.The notice,a true copy of which is attached was published on Wed Oct 05 10:21:39-0700 2011 1 declare under penalty of perjury that the foregoing is true and correct.Executed at Long Beach, California Henry Sprague III Copyright 2005 Compliance News DVBE 90018455 All Rights Reserved CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 BID DATE: OCTOBER 18, 2011 @ 3:00 PM Electrical Su lies Jo !4 tJ - .1,15 PA4SPokt '� DESERT ELECTRIC SUPPLY PALM SPRINGS 760 327-1146 760 323-1396 v e4j Striping & Markin l0/4 tt - y:46 pM ZEBRA STRIPING CATHEDRAL CITY 760 322-3739 NO• 13 vw 14mw tvt SGrVtfJt,- !e/IhI,�t1t - Z- 24 r AT KIRBMAN SEALING & STRIPING PALM DESERT 760 766-1022 760 347-0076 Vv mAmt bar to i4 III-2:y5 M S-2 SEALING & STRIPING INC PALM DESERT 760 360-2757 760 444-2757 NO AAOW'W Si ns t0 14 tJ - 2 A4 ro tAm QUIEL BROS SIGN CO INC INDIO 760 347-8370 909 888-2239 N0, wak Wb( bid - 10 N1111 - Z: 28 FM Po Ssa. BEST SIGNS INC. PALM SPRINGS 760 320-3042 760 320-2090 , Wlt.l f7QZrwG . 3-19 PM P.G -TSA CA" k. y`Me, wu wf bio�- SULLY-MILLER CONTRACTING COMPANY INVITATION TO BID PROJECT: CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 EST: $337,000.00 48 WORKING DAYS BID DATE: OCTOBER 18, 2011 @ 3:00 PM Weare seeking subcontractors, (LOCAL HIRE),for portions of this work which includes(but are not limited to) the following: 1. STRIPING&MARKING 4. RENTAL EQUIPMENT 2. SIGNING 5. TRUCKING 3. ELECTRICAL MATERIALS(CONDUIT,WIRE, 6. POLES, DISPLAY,CONTROLLER, EVP,VIDEO DETECTION) Plans, specifications and project requirements are available in our office for viewing at 135 S. State College Boulevard, Suite 400, Brea, CA 92821,Telephone(714)578-9600 or Fax(714)578-9672.or may be obtained from the Engineering Department,3200 East Tahquitz Canyon Way, Palm Springs,CA 92262,(760)323-8253 x8738. 100%Payment and Performance Bonds may be required. If you require information regarding assistance in obtaining bonding, insurance and credit, please call our office. Sully-Miller is An Equal Employment Opportunity Company. Please complete the information below and fax to our office:(714)578-9672 ❑ Will Bid ❑ HUD SECTION 3 ❑ MBE ❑ Will not Bid ❑ UDBE ❑ DBE Company: Trade: Contact: Phone: CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 BIDS ON OCTOBER 18,2011 @ 3:00 PM P. 1 * x COMMUNICATION RESULT REPORT ( OCT. 4. 2011 3 :42PM 1 *FAX HEADER 1 : SULLY-MILLER ESTIMATING FAX HEADER 2: 7145789672 TRANSMITTED/STORED OCT. 4. 2011 3:01PM FILE MODE OPTION ADDRESS RESULT PAGE ------------------- ------------------------------- --- 7052 MEMORY TX DESERT ELECTRIC OK 13/13 7603470076 OK 13/13 UNAVAILABLE OK 13/13 19098882239 OK 13/13 760 320 2090 OK 13/13 ------------------------------------------- ------- ----------------------------------------- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION SULLY-MILLER CONTRACTING COMPANY INVITATION TO BID PROJECT_ CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 EST: $337,000.00 48 WORKING DAYS ,BID DATE: OCTOBER 18,2011 Q 3:00 P.Sf We are seeking subcontractors, (LOCAL HIRE),for portions of this work which includes(but are not limited to) the following: 1_ STRIPING 8 MARKING 4. RENTAL EQUIPMENT 2_ SIGNING 5. TRUCKING 3. ELECTRICAL MATERIALS(CONDUIT,WIRE, 6. POLES,DISPLAY,CONTROLLER, EVP,VIDEO DETECTION) Plans, specifications and project requirements are available in our office for viewing at 135 S- State College Boulevard,Suite 400. area, CA 92821,Telephone(714)578-9600 or Fax(714)578-9672.or may be obtained from the Engineering Department,3200 East Tahquitr Canyon Way, Palm Springs,CA 92262,(760)323-6253 x8738.100%Payment and Performance Bonds may be required.If you require information regarding assistance in obtaining bonding, insurance and credit,please call our office. Sully-Miller is An Equal Employment Opportunity Company. Please complete the information below,and fax to our office: 14 578-8672 ❑ Will Bid ❑ HUD SECTION 3 ❑ MBE ❑ Will not Bid ❑ UDBE O DBE Company: Trade: Contact: Phone:_ CITY OF PALM SPRINGS ,INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2 01 012 01 1 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO.10-07 BIDS ON OCTOBER 18,2011 IM 3:00 PM SULLY-MILLER REQUEST FOR SUB BID (GF) CONTRACTING CO. OWNER: CITY OF PALM SPRINGS JOB NAME: INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO.10-07 BID DATE: October 18,2011 BID TIME: 3:00 PM ESTIMATOR: RICHARD KUJAWA (714)578-9625 COMPANY: YES: NO: All quotes to Sully-Miller must be based on the plans and specifications for the referenced project. (100% payment and 100% performance bond may be required). Please FAX all sub quotes to the estimator at(714)678-9672 or phone in at(714)578-9600. AC DIKE MASONRY ADJUST MANHOLES/VALVES PAVEMENT MARKERS AGGREGATE BASE &SUBGRADE PAVEMENT REINFORCING FABRIC ASPHALT PAVEMENT PILING BAR REINFORCED STEEL PULVERIZATION BLOCK WALL/RETAINING WALL RCP BRICK PAVER RETAINING WALL BRIDGE STRUCTURE RIP-RAP CAMERAS & COMMUNICATIONS ROOT PRUNE/BARRIER CHAIN LINK FENCE SEWER CLEARING AND GRUBBING ADJUST SEWER MANHOLES COLD PLANE SIGNAL MODIFY CONC. STRUCTURES&REBAR CONCRETE SLURRY SEAL CONCRETE BARRIER SOUND WALL CONSTRUCTION AREA SIGNS STAMPED/PATTERNED CONCRETE CRACK SEAL STEEL&CONCRETE PILING EDISON/fELEPHONE STORM DRAIN ELECTRICAL STREET LIGHTS EROSION CONTROL EXCAVATION & IMPORT BORROW STRUCTURES FENCING/K-RAIL SURVEY FILTER FABRIC FENCE SWPPP GEOTEXTILE FABRIC TEMPORARY RAILING GRINDING THERMOPLASTIC TRAFFIC STRIPING GUARD RAIL TRAFFIC CONTROL HYDROSEED TREE REMOVAL IMPORT MATERIALS TREE TRANSPLANT JOINT SEAL TRUCKING LANDSCAPE /IRRIGATION UNCLASSIFIED EXCAVATION LOOPS UNDERGROUND CONDUIT PLANS&SPECS ARE AVAILABLE FOR VIEWING IN OUR BREA OFFICE, LOCATED AT: 135 S.STATE COLLEGE BLVD.,SUITE 400, BREA, CA 92821 P. 1 z z s C,OMMUNICATION RESULT REPORT ( OCT. 4. 2011 4: 35PM ) ■ + FAX HEADER I : SULLY-MILLER ESTIMATING FAX HEADER 2: 7145789672 TRANSMITTED 'STORED OCT. 4. 2011 2: 59PM FILE MODE OPTION ADDRESS RESULT PAGE -------------------------------------------------------------- 7051 MEMORY TX (05) 18056719903 E-2) 2) 2) 3) 2) 0/13 (G5) 1 909 746 0354 OK 13/13 (05) 17144422673 E-3) 3) 0/13 (65) 15622186634 OK 13/13 (G5) 9098847106 OK 13/13 (G5) 17603169691 OK 13/13 (65) 318 834 8618 OK 13/13 05) 909-546-1030 OK 13/13 (G5) 7146396353 OK 13/13 ---------------------------------------------------------------------------------------------------- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3J NO ANSWER E-4) NO FACSIMILE CONNECTION suur REQUEST FOR SUB BID(GF) coNrw.cnwe m OWNER_ CITY OF PALM SPRINGS JOB NAME: INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO.10-07 - BID DATE: October 18,2011 BID TIME: 3:00 PM ESTIMATOR: RICHARD KUJAWA (714)578-9625 COMPANY: YES- NO: All quotes to Sully-Miller must be based on the plans and specifications for the referenced project. ('1000/9 payment and 100% performance bond may be required)_ Please FAX all sub quotes to the estimator at(714)578-9672 or phone in at(714)576-9600_ AC DIKE MASONRY ADJUST MANHOLES/VAE E PAVEMENT MARKERS AGGREoTTE BASE &SUBGRADE PAVEMENT REINFORCING FABRIC AS HALT PAVEME PILING BAR REINFORCED STEEL PULVERIZATION BLOCK WALL/RETAINING WALL RCP BRICK PAVER RETAINING WALL BRIDGE STRUCTURE RIP-RAP CAMERAS&COMMUNicATidNs ROOT PRUNE/BARRIER CHAIN LINK FENCE SEWER CLEARING AND GRUBBING ADJUST SEWER MANHOLES COLD PLANE SIGNAL MODIFY CONC. STRUCTURES& REBAR SIGNS XXX CO CRETE SLURRY SEAL CONCRETE BARRIER. SOUND WA-EL CONSTRUCTION ARE-.SIGNS STAMPED/PATTERNED CONCRETE CRACK SEAL STEEL &CONCRETE PILING EDISON/fELEPHONE STORM DRAIN ELECTRICAL STREET LIGHTS EROSION CONTROL I STRIPING&MARKING XXX EXCAVATION & IMPORT BORROW STRUCTURES FENCING/K-RAIL SURVEY riLTEITFABRIC FENCE SWPPP GEDITEXTILE FABRIC TEMPORARY RAILING GRINDING THERMOPLASTIC TRAFFIC STRIPING GUARD RAIL TRAFFIC CONTROL _ HYDROSEED TREE REMOVAL IMPORT MATERIALS TREE-TRANSPLANT JOINT SEAL TRUCKING LANDSCAPE/IRRIGATION UNCLASSIFIED EXCAVATION I UNDERGF20UND CONDUIT — PLANS&SPECS ARE AVAILABLE FOR VIEWING IN OUR BRPA OFFICE,LOCATED AT: 136 S. STATE COLLEGE BLVD.,SUITE_400,BREA, CA 92821 -�� P. 1 * * COMMUNICATION RESULT REPORT ( OCT. 5. 2011 2 :48PM ) FAX HEADER. 1 : SALLY-MILLER ESTIMATING FAX HEADER 2: 7145789672 TRANSMITTED/STORED OCT. 5. 2011 2: 25PM FILE MODE OPTION ADDRESS RESULT PAGE -------------------------------------- -- ------ 1059 MEMORY TX 18056719903 E-3) 3) 0/13 +17144422673 OK 13/13 --------------------------------------- - REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-1) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION SULLYSOLLY-M1 I REQUEST FOR SUB BID (GF) CDNTaAC rFF4R CD_ OWNER: CITY OF PALM SPRINGS JOB NAME: INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 20 10t2011 TRAFFIC SIGNAL IMPROVEMENT3 CITY PROJECT _10-07 BID DATE: October 18,2011 BID TIME: 3:00 PM ESTIMATOR: RICHARD KUJAWA (714)57"625 COMPANY: YES: NO: All quotes to Sully-Miller must be based on the plans and specifications for the referenced Project. (100% payment and 100% performance bond may be required). Please FAX all sub quotes to the estimator at(714)578-9672 or phone in at(714) 578-9600. AC DIKE ASONRY ADJUST MANHOLES 1 VALVES PAVEMENT MARKERS AGGREGATE BASE& SUBGRADE PAVEMENT REINFORCING FABRIC ASPHALT PAVEMENT PILING BAR REINFORCED STEEL P LVERIZATION BLOCK WALL/RETAINING WALL RCP BRICK PAVER R TAINING WALL BRIDGE ST UCTURE RIP-RAP CAMERAS & COMMUNICATIONS ROOT PRUNE/BARRIER CHAIN LINK FENCE SEWER CLEARING AND GRUBBING ADJUST EWER MANHOLES COLD PLANE SIGNAL MODIFY CONC. STRUCTURE & REBAR SIGNS XJ(t( CONCRETE SLURRYSEAL ONCREfE BARRIER SOUND ALL CONSTRUCTION AREA SIGNS STAMPED/PATTERNED CONCRETE CRACK SEAL STEE & ONCRETE PILING EDISONITELEPHONE STORM DRAIN ELECTRICAL STREET LIGHTS - EROSION CONTROL STRIPING&MARKING X)Q( EXCAVATION& IMPORT BORROW STRU TURFS FENCING/K-RAIL SURVEY FILTER FABRIC FENCE SWPPP GEOTEXTILE FABRIC TEMPORARY RAILING GRINDING THERMOPLASTIC TRAFFIC STRIPING GUARD RAIL TRAFFIC CONTROL HYDROSEED TREE REMOVAL IMPORT MATERIALS TREE TRANSPLANT JOINT SEAL I KLIUKING _ LANDSCAPE/IRRIGATION _ _ UNCLASSIFIED EXCAVATION LOOPS UND_ERG_ROUP_ID CONDUIT - v PLANS&SPEi:S APE AVAILABLE FOR VIEWING IN OUR BREA OFFICE,LOCATED AT: 135 S,STATE COLLEGE BLVD..SUITE 400, BREA,CA 8282.1 11 10%041.2011 16:43 15622180634 PCI PAGE 02/02 UCL. 4. ZU11 J:U4YM SULLY-M1LLtK LSIIMAIING NO. 7051 P. 1/13 suur� REQUEST FOR 5U8 1D. F) Go"TROXT&M CEL OWNER: CITY OF PALM SPRINGS JOB NAME: INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 201orzo11 TRAFFIC SIGNAL IMPROVe11ENTS CITY PROJECT NO.10-07 BID DATE: October 18,2011 BID TIME: 3.00 PM ESTIMATOR: RICNARD KWAWA (714)5784M COMPANY: All quotes to Sully-Miller must be based on the plans and Specifications for the referenced project (100%payment and 100%performance bond may be required). Please FAX all sub quotes to the estimator at(114)6769672 or phone in-at(714)5784600. AC DIKE MASONRY ADJUST MANHOLES MUMS S PAVEMENT MARKE AGGREGATE BASE&SUBGRADE PAVEMENT REINFORCING FABRIC A PHALT PAVEMENT PILING BAR REINFORCED STEEL PULVERIZATION BLOCK WALL/RETAININGWALL RCP BRICK PAVER RETAINING WALL I'd STRUCTURE RIP-RAP CAMERAS&'COMMUNICATIONS ROOT PRUNE/SARFUER CHAIN LINK FENCE SEWER CLEARING AND GRUBBINGADJUST SEWER MANHOLES OLD PLAN SIGNAL MODIFY CONC.STRUCTURES&REBAR 5,0iii XXX CONCRETE SLURRY SEAL CONCRETE 8 R IER SOUND WALL CONSTRUCTION AREA SIGNS STAMPED/PATTERNED CONCRETE CRACK SEAL STEEL&CONCRM PILING EDISON/rELEPHONE STORM DRAIN EL C ICAL STREET LIGHTS EROSION CONTROL STRIPING&MARKING XXX EXCAVq &IMPORT BORROW . STRUCTURES FENCING/K RAIL SURVEY FILTER FABRIC FENCE SWPPP GEOTE�TILE FABRIC TEMPORARY RAILING RINDING THERMOPLASTICTRAFFIC STRIPING GUARD RAIL ITRAFFIC CONTROL HYDROSEED TREE REMOVAL IMPORT MATERIALS TREE TRANSPLANT JOINT SEAL TRUCKING LANDSCAPE/IRRIGATION UNCLASSIFIED EXCAVATION LOOPS UNDERGROUND CONDUIT PLANS&SPECS ARE AVAILABLE FOR VIEWING IN OUR BREA OFFICE,LOCATED AT: 136 S.STATE COI.,L,EGE BLVD. SUITE 400 BREA,CA 92821 Subbids Requested From Qualified (LOCAL HIRE) Subs and Suppliers FOR: CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 BID DATE: OCTOBER 18, 2011 @ 3:00 PM SULLY-MILLER CONTRACTING COMPANY INVITATION TO BID PROJECT: CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 EST: $337,000.00 48 WORKING DAYS BID DATE: OCTOBER 18, 2011 @ 3.00 PM Please complete the information below and fax to our office: 714 578-9672 ❑ Will Bid ❑ HUD SECTION 3 ❑ MBE ❑ Will not Bid ❑ UDBE ❑ DBE Company: Trade: Contact: Phone: CITY OF PALM SPRINGS INDIAN CANYON DRIVE AT SAN RAFAEL ROAD 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 BIDS ON OCTOBER 18, 2011 go 3:00 PM DESERT ELECTRIC SUPPLY Quotation 4605 E. SUNNY DUNES ROAD PALM SPRINGS CA 92264 760-327-1146 Fax 760-323-1396 ""' ' ' 10/17/11 S1848630 SEND ORDER TO: pi1iGE Ng .. DwS RLRCIRIc SUPPLY 4605 E. SRIIiY C@lE.: ROAD PA SPRINGS cA 92264 1 of 1 760-327-1146 Paz 760-323-1396 QUOTE TO: SHIP TO: SULLY-MILLER CONTRACTOR CO. SULLY-MILLER CONTRACTOR CO. 135 SOUTH STATE COLLEGE BOULEVARD 135 SOUTH STATE COLLEGE BOULEV #400 #400 BREA, CA 92821 BREA, CA 92821 32832 PSUSD TS PSUSD TS HOUSE TR PICK UP COD 10/17/11 No 3000ft CLM 23326 04-OS 16 3 SJEOW 250$P 0.510 1529.34 70ft PVC 2-IN PVC SCHED-80 CONDUIT 0. 988 69. 18 30ft PVC 2-1/2 PVC SCHED-80 CONDUIT 1.585 47. 56 470ft PVC 3-IN PVC SCHED-80 CONDUIT 1 . 977 929. 10 430ft PVC 4-IN PVC SCHED-80 CONDUIT 3 . 005 1292.27 4ea CONDUIT 2-IN-GALV-CPLG COUPLING 5 .102 20.41 2ea PVC 2-1/2 CONDUIT CPLG 1.478 2 .96 9ea PVC 3-IN CONDUIT CPLG 2 . 099 18. 89 16ea PVC 4-IN CONDUIT CPLG 4 .346 69.54 4ea PVC 2-IN 90D SCH-40-BELL-END-ELL 3 .703 14. 81 2ea PVC 2-1/2 90D SCH-40-BELL-END-ELL 5 . 658 11.32 9ea PVC 3-IN 90D SCH-40-BELL-END-ELL 10. 085 90. 77 16ea PVC 4-IN 90D SCH-40-BELL-END-ELL 19.720 315 .52 12ea DOTTIE LB50 1/2 AL LB COND BODY 4 .298 51 . 58 12ea DOTTIE GN50 1/2 NEO COND BODY GSKT 0 .571 6. 85 12ea DOTTIE BC50 1/2 AL COND BODY COVER 1 . 156 13 .87 3000ft WIRE THHN-10-BLK-I9STR-CU-500S/R 0.227 681. 80 BUILDING WIRE 3000ft WIRE THHN-I2-BLK-I9STR-CU-500S/R 0. 132 396 .22 BUILDING WIRE 3000ft WIRE THHN-8-BLK-I9STR-CU-500S/R 0.325 975 . 60 BUILDING WIRE * *** TAXES NOT INCLUDED ***** * This is a quotation * Subtotal 6537.59 Product price volatility from the manufacturer due to S&H CHGS 0.00 raw material costs can greatly affect the pricing of this quote. This quote is subject to change in 24 hours unless noted otherwise; expires in 30 days. Amount Due 6537.59 ***** APPLICABLE TAXES EXTRA! ***** gpE?ALM Sp4 iy v m °°rou»o• cg41FORN�P City Council Staff Report Date: November 16, 2011 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS, CITY PROJECT 10-07 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Public Works and Engineering Department has scheduled improvements to three existing traffic signals. Award of this contract will allow staff to proceed with this traffic signal modification and upgrade project. RECOMMENDATION: 1) Determine the Bid submitted by the apparent low bidder, DBX, Inc., as incomplete and containing at least one major irregularity, and reject it as non- responsive; and 2) Determine the apparent second low bidder, Sully-Miller Contracting Company, as the lowest responsive bidder; and 3) Approve Agreement No. in the amount of $391,150 with Sully-Miller Contracting Company, a Delaware corporation, for the 2010/2011 Traffic Signal Improvements, City Project 10-07; and 4) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Public Works and Engineering Department included modification of three existing traffic signals in the 2010/2011 fiscal year budget. The three intersections are: Indian Canyon Drive at San Rafael Road Ramon Road at Sunrise Way Ramon Road at Farrell Drive ITEM NO. 71/ - City Council Staff Report November 16, 2011 - Page 2 2010/2011 Traffic Signal Improvements(CP10-07) The Public Works and Engineering Department has inventoried existing traffic signals that should be modified to remove protected signal phasing, or to install protected/permissive signal phasing. In the past, it was common to install a full- functioning 8-phase traffic signal (allowing traffic movement in each direction of a four- way intersection, and for each left-turn phase). However, the industry has subsequently analyzed ways to improve the efficiency of traffic movement on arterial streets, and determined that removal of protected phasing where not required drastically decreases delay of vehicles at signalized intersections. A protected/permissive signal is one that has a five-section vehicle head on the signal mast arm, shown at right below, and has a five-section vehicle head on the far pole, shown at left below: R R Y Y Y Q Y This type of signal phasing allows traffic to move through the intersection more efficiently, giving left-turning vehicles a "permissive" movement, allowing the turn when there are no opposing vehicles. In a true "protected" phase, a vehicle must wait for the green arrow to make the movement, whether or not there is opposing traffic. Previously, staff had identified and converted most of the City's existing traffic signals to permissive, or protected/permissive signal phasing. At these intersections, existing protected phasing on one or both approaches is converted to permissive phasing, or protected/permissive phasing; and in certain cases where protected phasing is warranted, protected/permissive phasing is added. Other modifications are proposed, including the addition of video detection systems, emergency vehicle preemption systems, ADA audible pedestrian bush button assemblies, and uninterrupted power supply systems (to keep the signals operational during power outages). The plans and specifications were prepared by the City's engineering consultant (RBF Consulting), and on September 7, 2011, the City Council approved the plans and authorized bidding. On September 15 and 22, 2011, the project was advertised for bids, and at 3:00 p.m. on October 18, 2011, the Procurement and Contracting Division received construction bids from the following contractors: 02 City Council Staff Report November 16, 2011 - Page 3 2010/2011 Traffic Signal Improvements (CP10-07) 1. DBX, Inc.; Temecula, CA: $388,690.00 2. Sully-Miller Contracting Company, Brea, CA: $391,150.00 3. Traffic Development Services; Moorpark, CA: $392,540.00 4. Steiny and Company, Inc.; Baldwin Park, CA: $424,950.00 5. Unique Performance Construction, Inc.; Costa Mesa, CA: $494,666.00 6. PTM General Engineering Services; Riverside, CA: $496,314.00 The Engineer's Estimate was $321,000. Upon bid opening, the apparent low bidder was DBX, Inc. However, after reviewing all of the bid documents, staff determined that the bid submitted by DBX, Inc., was incomplete and should be considered non-responsive. Specifically, the City has implemented a bid form in all non-federally funded contracts that requires the bidder to identify local sub-contractors, or local firms supplying services or materials on a City contract. The good faith efforts form was instituted to ensure contractors were complying with the City's "Local Business Preference Program". In this case, DBX, Inc., did not list any sub-contractors, but did not fill-out or provide any information on the good faith efforts form as required by the bid documents. The second low bidder, Sully- Miller Contract Company, likewise didn't list any sub-contractors; however, Sully-Miller completed the good faith efforts form as required by the bid documents, and has identified a local company (Desert Electric Supply) as providing materials as part of the contract. In consultation with the City Attorney's office, after reviewing the apparent low bidder's bid documents, it is staffs recommendation that the City Council find that the apparent low bidder is "non-responsive" for a failure to demonstrate good faith efforts to solicit local participation in the contract pursuant to the City's Ordinance No. 1756. A letter was sent to DBX, Inc., on October 27, 2011, advising them of the City's determination finding their bid non-responsive (see Attachment 1). On October 28, 2011, DBX Inc. advised the City of its decision to protest staffs determination, and their argument is outlined in their letter (see Attachment 2). It is recommended that the City Council determine DBX, Inc., as non-responsive, and award this contract to the apparent second low bidder as the lowest, responsive bidder. The lowest, responsive bidder recommended by staff is Sully-Miller Contracting Company, whose principal officers are: David Martinez, President; Timothy Orchard, CFO/TreasurerNice President; and Anthony Martino ll, Secretary. FISCAL IMPACT: Funding for this project is made available through local Measure A funds in accounts 134-4498-50224, 134-4498-50294 and 134-4498-50300. No local miscellaneous General Funds are being used for this project. 03 City Council Staff Report November 16, 2011 - Page 4 2010/2011 Traffic Signal Improvements(CP10-07) SUBMITTED: Prepared by: Recommended by: Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: Thomas J. Wilph, Asst. City Manager David H. Ready, Cit ager Attachments: 1. Notification to DBX, Inc. 2. DBX, Inc. appeal letter 3. Agreement 04 O� PALM 3p U ti City of Palm Springs v� Department of Public Works and Engineering 3200 East Tahquitz Canyon Way•Palm Springs,California 92262 Tel:(760)323-9253-Fax:(760)322-8325•Web:www.pabnspringsea.gov October 27, 2011 Mr. Jim Perry Via Facsimile: (951) 296-9978 DBX, Inc. Via E-Mail: charlesdbx@hotmail.com 42024 Avenida Alvarado, Suite A Temecula, CA 92590 Re: 2 01 012 01 1 Traffic Signal Improvements, City Project 10-07 I Dear Mr. Perry, I On October 18, 2011, DBX, Inc. ("DBX") submitted a bid in response to the City of Palm Springs' ("City") call for bids for the above-referenced project. Upon bid opening, DBX was the apparent low-bidder. Subsequently, upon further review of DBX's bid,we have determined your bid was incomplete for the following reasons: 1) Notice Inviting Bids, Item N-10 "Local Business Promotion" references the requirements of Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program, subsection (5) `Local Preference in Public Works Contracts {Sub-Contracting)", and that "...the prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley." 2) Instructions to Bidders, Item 19 "Local Business Promotion' references the requirements of Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program, subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)", and that "...the prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contracts are qualified to perform the work or supply the materials or equipment...The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection." 3) Bid Documents, Cover Sheet (Bid Forms— Page 1) lists all documents to be fully executed and submitted with the Bid at the time of opening of bids. Included in the list is the Local Business Preference Good Faith Efforts" form. The Bid Cover Sheet specifies that"Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection." 4) .The Local Business Preference Program —Good Faith Efforts form to be submitted with the Bid states: "Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with Palm Springs Ordinance No. 1756. In the event no local firm (as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of 05 Mr.Jim Perry October 27,2011 Page 2 Subcontractors" submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project.' 5) The Local Business Preference Program—Good Faith Efforts form to.be submitted with the Bid states: "ln the event no local firm (as defined in Ordinance No. 1756) will provide services,.or furnish materials and supplies to the Bidder for this.project, the Bidder shall provide information sufficient to demonstrate good faith efforts to do so." Staff has reviewed your bid submittal, and based on the items outlined above and your failure to show good faith efforts to comply with City of Palm Springs Ordinance No. 1756 and Section 7.09.030 of the Palm Springs Municipal Code "Local Business Preference Program, subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)," including, but not limited to, submitting incomplete bid forms, staff will recommend that the City Council find your bid "non- responsive" and will recommend award to the next lowest responsive bidder. It is your right to request an appeal of our decision in accordance with Chapter 2.05 of the Palm Springs Municipal Code. If you request an appeal, i must receive notice of your request within 5 working days of the date of this letter(or November 3, 2011). If you have any questions, please feel free to contact me at (760) 323-8253, extension 8744, or by e-mail at Marcus.Fuller@palmspringsca.gov. Sincerely, Marcus L. Fuller, P.E., P.L.S. Assistant Director of Public Works/ Assistant City Engineer CC.' James Donrch Craig Gladders Ne 06 D42024 AVENIDA ALVARADO,SUITE A B Inc. nC. TEMECULA,CALIFORNIA 92590 X FAX (951)298-9909 (951)2WO978 October 28,2011 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 Attn: Marcus Fuller,P.E.,P.L.S. Asst.Director of Public Works/ Asst.City Engineer Re: 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS,CITY PROJECT 10-07 We respectfully protest and appeal the City of Palm Springs decision to not award the 2010/2011 Traffic Signal Improvement project,City Project No. 10-07,to DBX,Inc.for failure to show "Good Faith Efforts"to comply with the"Local Business Preference Program". DBX has based its appeal on the following reasons and facts: l. There was 0%portion of the work to subcontract out to a local business(i.e.striping, - paving,etc.). The work for this project was strictly traffic signal related which is our specialty and portion of work. 2. Materials that were specified in the bid book to be supplied were"sole source items",(i.e. Iteris-Cameras,McCain-Controllers,Cabinets,BBS and Signal Heads,and Tomar- EVPE). Since the materials specified were sole source they could not be provided by a local vendor or supplier. 3. We at DBX feel strongly that we did put forth a"Good Faith Effort"based solely on not advertising for local subs or vendors who could not provide the services or products that this particular project called out for. In fact it is our opinion that if we had advertised,it would not have been in"Good Faith",but a sham and false advertising based on the above listed reasons. If you have any questions,please contact me at(951)296-9909. yo_. Tim Perry President i i "AN EQUAL OPPORTUNITY EMPLOYER' 07 I AGREEMENT THIS AGREEMENT made this _ day of 20_, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Sully-Miller Contracting Company. a Delaware corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 —THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS CITY PROJECT NO. 10-07 The Work is generally described as the modification and upgrade of the existing traffic signals located at the Indian Canyon Drive/San Rafael Road, Ramon Road/Sunrise Way, and Ramon Road/Farrell Drive intersections. ARTICLE 2 —COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of$1,000 for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specked in the Notice to Proceed. 08 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO. 10-07 AGREEMENT AND BONDS-PAGE 1 September 1,2011 ARTICLE 3 -- CONTRACT PRICE Bid Schedules A, Band C: $391,150.00 The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4 —THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 01 to 01, inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 — PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 — NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. 09 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO.10-07 AGREEMENT AND BONDS-PAGE 2 September 1,2011 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL: CALIFORNIA Date By City Clerk Agreement No. APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date 10 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO.10-07 AGREEMENT AND BONDS-PAGE 3 September 1,2011 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer. CONTRACTOR: Name: Sully-Miller Contracting Company Check one:_Individual_Partnership X Corporation Address: 135 S.State Collece Blvd., Ste.400 Brea CA 92821 By: By: Signature (notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of ❑ State of ❑ County of ❑SS County of ❑Ss On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State 'of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: 11 2010/2011 TRAFFIC SIGNAL IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO.10-07 AGREEMENT AND BONDS-PAGE 4 September 1,2011