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HomeMy WebLinkAboutItem 2f - Contract for Fiber Optics ProjectGALIFORntq��r' August 5, 1903 STAFF REPORT Public Works Services Department DATE: December 16, 2014 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Jan Balanay, Senior Engineer Assistant SUBJECT: CONTRACT WITH FERREIRA CONSTRUCTION CO. INC., DBA FERREIRA COASTAL CONSTRUCTION CO. FOR THE FIBER OPTICS PROJECT IN THE AMOUNT OF $259,812 Recommendation: Approve SUMMARY The Fiscal Year 2013 -14 Capital Improvement Plan ( "CIP ") includes a project to extend conduit and fiber optic cable from Live Oak Avenue at Sixth Avenue to the Public Works Services Department ( "PWSD ") Service Center. The purpose of this project is to replace outdated communication information infrastructure. To ensure that the City is receiving the most competitive prices and quality service for this work, the PWSD conducted a formal bid. Ferreira Construction Co. Inc., dba Ferreira Coastal Construction Co. submitted the lowest responsive bid. It is recommended that the City Council authorize and direct the City Manager to execute a contract with Ferreira Construction Co. Inc., dba Ferreira Coastal Construction Co. for the Fiber Optics Project in the amount of $259,812. A copy of the proposed contract is attached as Attachment "B ". BACKGROUND In 2004, the City of Arcadia completed an Intelligent Transportation System ( "ITS ") Master Plan to develop a short and long -range traffic management program. The ITS Master Plan included installation of a fiber optic network which later included fiber optic connections to various City facilities, such as the Library and Community Center that improved the City's data and telecommunication system. At that time, funds were not available to extend the fiber optic conduit to the PWSD Service Center. Currently, the PWSD is linked to the City's computer network system through copper wires known as T -1 lines. The transmission of data through T -1 lines is too slow to accommodate modern communication needs and often results in system down -time, Contract for Fiber Optics Project December 16, 2014 Page 2 of 3 delays in transmitting information, and occasional dropped transmissions. As the City works to improve and upgrade its digital capabilities and as data file size and the speed required to send data has increased exponentially, the need to connect the PWSD Service Center to the City's fiber optic network has become crucial. The Fiscal Year 2013 -14 CIP includes the extension of conduit and fiber optic cable from Live Oak Avenue at Sixth Avenue to the PWSD Service Center, and will allow PWSD to install and upgrade to the latest technology to improve communication efficiency and reliability. In June 2013, the Fiber Optics Project was advertised and formally bid, with all bids received being in excess of the approved budget. On July 1, 2014, the City Council approved staff's recommendation to reject all bids received for the Fiber Optics Project and directed staff to re- design and re -bid the project to allow the City to receive bids within the approved budget amount. Staff redesigned the project by reducing the size of the conduit and changing the original route of the conduit. The new alignment for the conduit is through the Peck Road Water Conservation Park as shown on Attachment "A ". Staff is in the process of formalizing a grant of easement to place the conduit in the County easement and this project will not interfere with any planned or future projects in the Peck Road Water Conservation Park. As a result, changing the alignment of the conduit reduced the total length needed and simplified the installation of the conduit. DISCUSSION Notice Inviting Bids was published in the City's local adjudicated newspaper and bid packages were distributed to contractors that perform this type of work. Staff also contacted bidders who expressed interest in the previous project. On November 18, 2014, the City Clerk received two sealed bids with the following results: RANK FIRM LOCATION TOTAL BID 1. Ferreira Construction Co, Inc. Chino, CA $259,812 2. HHS Communications, Inc. Ontario, CA $292,702 All bid documents were reviewed for content and the contractor's ability to best meet the City's needs as specified in the bid specifications. Based on staff's review of the contractors references, and evaluation of the bids received, Ferreira Construction Co. Inc., dba Ferreira Coastal Construction Co. was determined to be the lowest responsive bidder capable of performing the work required. They have completed similar projects for several municipal agencies in Los Angeles County. ENVIRONMENTAL ANALYSIS This project is considered a Class 1 exemption as defined in Section 15301(b) of the California Environmental Quality Act since the project consists of the negligible expansion of an existing public facility providing public utility services. Contract for Fiber Optics Project December 16, 2014 Page 3 of 3 FISCAL IMPACT Funds in the amount of $275,800 have been budgeted in the Fiscal Year 2013 -14 Capital Improvement Program for the Fiber Optics Project. RECOMMENDATION It is recommended that the City Council authorize and direct the City Manager to execute a contract with Ferreira Construction Co. Inc., dba Ferreira Coastal Construction Co. for the Fiber Optics Project in the amount of $259,812. Approved Dominic Lazzar City Manager Attachment "A" - Project Location Map Attachment "B" — Proposed Contract nn FIBER OPTICS TO PUBLIC WORKS SERVICE CENTER PROJECT NO.: 33820914 p,K A P//j ,I Q Q, NG � Rp / PROJECT LOCATION MAP NOT TO SCALE ATTACHMENT "A" CITY OF ARCADIA FIBER OPTICS TO PUBLIC WORKS SERVICE CENTER PROJECT NO.: 33820914 CONTRACT BETWEEN CITY OF ARCADIA AND FERREIRA CONSTRUCTION COMPANY, INC. dba FERREIRA COSTAL CONSTRUCTION COMPANY. RVPUB \DRD \570015 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 33820914) CONTRACT FOR THE CITY OF ARCADIA Fiber Optics to Public Works Service Center Project Project No. 33820914 PARTIES AND DATE. This Contract is made and entered into this day of , 20_, by and between the CITY OF ARCADIA (hereinafter called the "City ") and FERREIRA CONSTRUCTION COMPANY, INC. dba FERREIRA COSTAL CONSTRUCTION COMPANY (hereinafter called the "Contractor "). 2. RECITALS. 2.1 The City is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by City on November 20, 2014, has submitted a bid proposal for the Fiber Optics to Public Works Service Center Project described in the Contract. 2.3 City has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on [* *INSERT DATE * *]. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incomoration of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings RVPUB\DRD\570015 CONTRACT-1 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 33820914) Part "F" - Performance Bond Part "G" - Payment Bond ADDENDUM NO. 1 dated October 23, 2014. ADDENDUM NO. 2 dated November 3, 2014. The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the City shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. Contractor, s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work for Bid Category numbers 1 through 14 necessary to fully and adequately complete Fiber Optics To Public Works Service Center Project, including any alternates selected by the City, and all structures and facilities described in the Contract (hereinafter the "Work "), for a total of Two Hundred Fifty -Nine Thousand, Eight Hundred Twelve Dollars and No Cents, ($259,812.00), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. 3.4 Period of Performance. RVPUB \DRD \570015 CONTRACT-2 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 33820914) Contractor shall perform and complete all Work under this Contract within forty -five (45) Calendar Days, beginning ten (10) Calendar Days after the date on which the Notice to Proceed is sent by the City to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred Dollars ($500.00) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the City. RVPUB \DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 33820914) 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor Ferreira Construction Company, Inc. dba Ferreira Coastal Construction Company 15188 Vista Del Rio Avenue Chino, CA 91710 Attn: Brandon Pensick, Vice President City City of Arcadia 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -6021 Attn: Jan Balanay, Senior Engineering Assistant Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CITY OF ARCADIA By: Dominic Lazzaretto City Manager ATTEST: By: City Clerk Approved as to Form: By: Stephen P. Deitsch City Attorney FERREIRA CONSTRUCTION CO., INC. dba FERREIRA COASTAL CONSTRUCTION CO. By: Title By: Title RVPUB\DRD\570015 CONTRACT-4 GB - STATE & LOCAL (505/507/660) (7/24/00) (PROJECT NO. 33820914) EXHIBIT "A" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seg. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: FERREIRA CONSTRUCTION CO., INC. dba FERREIRA COASTAL CONSTRUCTION CO. :� Signature Name Title Date RVPU13\DRD\570015 CONTRACT (EXHIBIT A) GB - STATE & LOCAL (505/507/660) (7/24/00)