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
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ZEBRA STRIPING CATHEDRAL CITY 760 322-3739 NO• 13 vw 14mw tvt SGrVtfJt,-
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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.
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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