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Home My WebLink About1/9/2008 - STAFF REPORTS - 2.J. pIM Spy r� ti C u m a w - �(^ °oroy°nog°•P` �`'�°RN, City Council Staff Report January 9, 2008 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE PROTECTIVE-PERMISSIVE SIGNAL CONVERSION PROJECT, PHASE 1, CITY PROJECT N0. 07-19 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Last year, an automobile collision occurred at Indian Canyon Drive and Ramon Road, resulting in the knock-down of a traffic signal pole and two City light poles, and other damage to the traffic signal. City staff have advanced repairs to this traffic signal as part of a first phase of this year's protective-permissive traffic signal conversion project. Award of this contract will allow staff to proceed with this project. RECOMMENDATION: 1) Approve Agreement No. in the amount of $35,769 with Macadee Electrical Construction, Inc., for the Protective-Permissive Signal Conversion Project — Phase 1, City Project No. 07-19; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On May 26, 2007, a single car collision occurred at Indian Canyon Drive and Ramon Road. The vehicle collided with the City's street light pole, causing that light pole and, because all of these poles have attached overhead wires, the light pole north and traffic signal south of the collision to be pulled down. The collision caused significant damage to the traffic signal system, requiring the City to order new poles and design repairs. The City will provide the new poles, signal heads, signs, and equipment to the contractor for his use in the installation. The project specifications have been prepared by the Public Works and Engineering Department staff, on December 11, 2007, the Procurement and Contracting Division received construction bids from the following contractors: ITEM NO. U .' City Council Staff Report January 9, 2008- Page 2 Protected-Permissive Signal Conversion Phase I (CP 07-19) 1. Macadee Electrical Construction, Inc.; Chino, CA: $35,769 2. PTM General Engineering Services, Inc.; Riverside, CA: $42,500 3. Republic Intelligent Transportation Services, Inc.; Novato, CA: $49,975 4. DBX, Inc.; Temecula, CA: $55,410 5. Moore Electrical Contracting, Inc.; Corona, CA: $56,121 6. Steiny and Company, Inc.; Baldwin Park, CA: $67,359 The Engineer's estimate was $33,000. The low bid was submitted by Macadee Electrical Construction, Inc. The company is a California corporation, and its officers are John McCarthy, President; Debra McCarthy, Vice President; and Kevin McCarthy, Secretary. FISCAL IMPACT: Sufficient funds are available in account 261-4491-50261, the City will attempt to recover costs from the insurance company of the driver that caused the accident. SUBMITTED: �� ,s , � U David J. Barakian omas J. WIIS n' Director of Public Works/City Engineer Assistant City N�anager David H. Ready, City Manager Attachments: 1. Agreement ��Id062 AGREEMENT THIS AGREEMENT made this _ day of in the year 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 Macadee Electrical Construction Inc- 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: PROTECTED PERMISSIVE SIGNAL CONVERSION PROJECT PHASE 1 — INDIAN CANYON DR AND RAMON RD CITY PROJECT NO. 07-19 The Work is generally described as follows: Modification of existing traffic signal, including relocation of existing vehicle heads, traffic signal rewiring, installation of traffic signs, installation of Type E loop detectors, installation of traffic signal controllers, emergency pre-emption systems, uninterrupted power supply systems, relocation of equipment, and other associated work at the intersection of Ramon Road at Indian Canyon Drive. 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 the 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 PROTECTIVE-PERMISSIVE SIGNAL CONVERSION PROJECT- PHASE 1 CITY PROJECT NO. 07.19 AGREEMENT FORM 12/21/2007 AGREEMENT AND BONDS - PAGE 1 delay (but not as a penalty), the Contractor shall pay the City the sum of$576.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 -- CONTRACT PRICE $35,769.00 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 One M to Two 2 , 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 provisions of 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 as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and 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 PROTECTIVE-PERMISSIVE SIGNAL CONVERSION PROJECT- PHASE 1 CITY PROJECT NO. 07.19 12/21/2007 AGREEMENT rORM ®� n AGREEMENT AND BONDS-PAGE 2 'Z 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, IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. Date ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk APPROVED BY THE CITY COUNCIL: APPROVED AS TO FORM: Minute Order No. Date By City Attorney Agreement No. Date CONTENTS APPROVED: By City Engineer Date By City Manager PROTECTIVE-PERMISSIVE SIGNAL CONVERSION PROJECT- PHASE 1 CITY PROJECT NO 07-19 AGREEMENT FORpJ�1 72/21/2007 AGREEMENT) e0NO8- PAGEI�0 0 51