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02-26-2019 CC Rpt 10 COUNCIL AGENDA STAFF REPORT Chino !hi', TO: HONORABLE MAYOR AND CITY COUNCIL DATE: FEBRUARY 26, 2019 MEMBERS FROM: CITY MANAGER ITEM NO: 10 SUBJECT:AWARD OF CONTRACT TO BARNES ELECTRIC FOR CONSTRUCTION OF THE LOS SERRANOS STREET LIGHTING PROJECT ON MONTEREY AVENUE, MESA BOULEVARD AND BROOKVIEW COURT (CIP Project No. S16006) RECOMMENDATION: 1. Award a contract to Barnes Electric in the amount of $129,470.01 for the Los Serranos Street Lighting Project on Monterey Avenue, Mesa Boulevard and Brookview Court. 2. Authorize staff to accept the performance and payment bonds, proof of insurance, and issue a Notice to Proceed upon receipt and acceptance of such. 3. Authorize the City Manager, at his discretion, to approve cumulative change orders up to 10% ($12,947) of the awarded contract amount. BACKGROUND/ANALYSIS: Plans for the installation of 13 new streetlights in an existing Los Serranos residential tract, lying east of Ramona Avenue and north of Mesa Boulevard, were approved by the Director of Public Works on December 6, 2018. Design immunity was subsequently granted for this project through Resolution No. 03R-72, approved by City Council on October 28, 2003. The project was advertised as an informal bid on December 7, 2018. These streetlights were not included as part of the sidewalk construction project (Safe Routes to School Project), so as to await the completion of the purchase of streetlights from Southern California Edison. The purchase of the majority of streetlights has been completed and on January 17, 2019, the following three (3) informal bids were received: CONTRACTORS BIDS 11. Barnes Electric 1$ 129,470.01 12. Belco Elecnor Group 1$ 204,900.00 13. CT&T Concrete Paving, Inc. 1$ 379,633.00 Contracts for competitively-bid public projects using federal grant funds must be awarded to the lowest responsible bidder, contingent upon their timely submittal of the Disadvantaged Business Enterprise (DBE) Commitment and/or Good Faith Effort (GFE) to comply with federal requirements. As shown above, Barnes Electric submitted the lowest base bid and was indicated as the apparent low bidder. Staff received favorable reports from references regarding the work performed by Barnes Electric and recommends that the City Council award them a contract in the amount of $129,470.01. 39/210 ENVIRONMENTAL (CEQA) REVIEW: City staff has determined that the project is exempt as a Class 2 Categorical Exemption, (existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities), pursuant to Section 15302 of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq. FISCAL IMPACT: The total estimated cost of this project is as follows: Item AAmount Design (expended) $ 8,313.00 Construction Contract Amount $ 129,470.01 Contingencies (10%) $ 12,947.00 Construction Management, Inspection and Testing $ 17,090.04 Total: $ 167,820.05 Funding for this project will come from the following sources: Project No. Funding Source lAmount iS16006 Gas Tax 1$ 250,000.00 1S16006 CDBG 1$ 48,838.00 Total: 1$ 298,838.00 The project is shown to have sufficient funding and any unused funds at the project's completion will be returned to the Gas Tax Fund balance. REVIEWED BY OTHERS: This item has been reviewed by the Finance Director and the City Attorney. Respectfully Submitted, Recommended By: / . Konradt Bartlam Nadeem Maja] ' City Manager P.E,, Director of Public Works Attachments Agreement 40/210 CITY OF CHINO HILLS CONTRACT Installation of Street Lighting on Monterey Avenue, Mesa Boulevard, and Brookview Court (CIP S16006) This Contract is made and entered into as of the date last signed below, by and between the CITY OF CHINO HILLS, a California General Law Municipal Corporation ("City") and BARNES ELECTRIC ("Contractor"). City and Contractor do hereby agree as follows: The complete Contract includes all of the Contract Documents, to wit: ® Notice Inviting Bids, dated 12/7/18 ® Contractor's Bid (Bid Forms) ® Certificates of Insurance and Endorsements ❑ Notice of Award ® Contract Payment Bond ® Contract Performance Bonds ® Notice to Proceed ® The Plans (Contract Drawings) ® Standard Specifications for Public Works Construction ❑ Standard Plans ❑ Reference Documents: ❑ Change Orders or Work Change Directives ❑ Public Improvement Warranty Each of such documents in their entirety is incorporated herein by this reference as is set forth in full. II. The Contractor agrees to perform certain work set forth and particularly described in the aforementioned documents, incorporated herein by reference in consideration of: TOTAL BASE BID: $129,470.01 III. Contractor shall furnish a labor and material bond in an amount equal to one hundred percent(100%) of the contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price, said bonds to be secured from a surety company admitted and authorized to do business in California as such and satisfactory to the City Council. Construction Contract Page 1 of 6 Street Lighting Project(S16006) 41/210 Upon filing of the Notice of Completion, Contractor shall be required to maintain a labor and material bond for a period of seven (7) months and shall furnish a warranty bond in the amount of 15% of the contract amount for a period of twelve (12) months. IV. The Contractor agrees to indemnify, protect, defend and hold harmless the City, and their authorized agents, officers, volunteers, the engineer and employees against any and all claims arising from Contractor's acts or omissions and for any costs or expenses incurred by the City, or their authorized agents, officers, volunteers and employees, on account of any claim therefore. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Contractor shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation Insurance or a State-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with One Million Dollars ($1,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Contract. General Liability - Such general liability insurance shall be written with a limit of liability of not less than Two Million Dollars ($2,000.000.00) combined single limits for damages arising out of bodily iniurv, including sickness and death, injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. Vehicle Liability - Such vehicle liability insurance shall be written with a limit of liability of not less than One Million Dollars,($1,000,000.00) combined sinale limits for all bodily injury, including sickness and death or injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. If the City determines to require the Contractor to procure such insurance, such insurance shall cover as insured under all policies:the City, its officers, employees, and agents, City's Representative, the Engineer and his/her consultants, and each of their officers, employees, and agents, excepting workers' compensation. The policy or policies for such insurance may provide for a deductible amount not to exceed five percent (5%)of the Contract Price. As provided in Section 7105 of the California Public Contract Code, the Contractor is responsible for the cost of repairing or restoring work up to five (5%) percent of the contract amount. Insurance Retina: All insurance required herein shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise approved and accepted Construction Contract Page 2 of 6 Street Lighting Project(S16006) 42/210 by the City Manager or his/her designee in writing, and which insurers are admitted and authorized to do business in California as insurance carriers. Contractor shall furnish certificates of insurance and endorsements to the City evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City, and shall maintain such insurance from the time Contractor commences performances of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers' Compensation Insurance coverage and professional liability coverage, if applicable, shall contain additional endorsements covering the City and its employees, agents, volunteers and officers as insured with respect to liabilities arising out of the performance of services hereunder. The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the City, its officers, volunteers, employees, contractors, agents and subcontractors. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the City. V. The City agrees to pay, and the Contractor agrees to accept in full, payment for the work outlined in the Contract Documents, the sum of One Hundred Twenty-nine Thousand. Four Hundred Seventy Dollars and 01 cents ($129.470.01) subject to additions and deductions, if any, in accordance with said documents. Payment shall not be made more often than once each thirty (30) days, nor shall amount paid be in excess of ninety five percent (95%) of the contract at time of completion. Final payment to be made forty-five (45) days subsequent to acceptance of the project as complete by the City Manager. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance. VI. The Contractor shall commence the work required by this Contract within ten (10) days of the date specified in the Notice to Proceed and shall complete contract work within thirty (30) working days. City and Contractor have discussed the provisions of Government Code, Section 53069.85 and the damages which may be incurred by City if the Work is not completed within the time specified in this Contract. The City and Contractor hereby represent that at the time of signing this Contract, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work Construction Contract Page 3 of 6 Street Lighting Project(S16006) 43/210 is not completed within the number of days allowed. Accordingly, City and Contractor agree that the sum of five hundred dollars ($500.001 per calendar day is a reasonable sum to assess as damages to City by reason of the failure of Contractor to complete the Work within the time specified. VII. The Contractor hereby agrees to comply with the State Labor Code and acknowledges that, in accordance with Section 3700 of the State Labor Code, he/she will be required to secure the payment of compensation to his/her employees. VIII. The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations. IX. Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this contract, or any period thereof, shall be cause for the immediate and summary termination of this contract by City. Contractor shall be liable for all City's costs to complete the work and this contract. X. The person or persons executing this Contract on behalf of contractor warrants and represents he/she/they has/have the authority to execute this Contract on behalf of his/her/their corporation, partnership, or business entity and warrant and represents that he/she/they has/have the authority to bind the contractor to the performance of its obligations hereunder. Xl. NOTICES. Notices shall be given pursuant to this Contract by personal services on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Services addressed as Follows: City. City of Chino Hills Attention: City Clerk 14000 City Center Drive Chino Hills, California 91709 cityclerk@chinohills.org Construction Contract Page 4 of 6 Street Lighting Project(S16006) 44/210 Contractor: Barnes Electric Attention: Rodney Barnes 501 S. Howard Street Corona, Ca 92879 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. XII. This Contract contains the completely final, entire, and exclusive Contract between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void. Construction Contract Page 5 of 6 Street Lighting Project(S16006) 45/210 IN WITNESS WHEREOF, each of the parties hereto has caused the Contract to be executed in its name on its behalf by a duly authorized officer as of this day and year last signed below. CITY OF CHINO HILLS BAR S ELECTRIC Cynthia Moran (Signature Mayor ATTEST: (Printed name/Title) Cheryl Balz (Date) 1 City Clerk (Date) (Signature) APPROVED AS TO FORM: (Printed Name/Title) Mark D. Hensley (Date) City Attorney Construction Contract Page 6 of 6 Street Lighting Project(S16006) 46/210