Agenda Item B.7
CPMS CONSENT CALENDAR
Meeting Date: August 16, 2021
____________________________________________________________
TO: Mayor and Council members
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Debbie Talarico, Project Manager
SUBJECT: Award of Construction Contract for the Crosswalk at Calle Real /Fairview Center - Pedestrian Hybrid Beacon Project (Project No. 9099)
RECOMMENDATION:
A. Authorize the City Manager to execute a construction contract with J&H Engineering General Contractors , Inc. (J&H) for the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project in the not-to-exceed amount of $ 464,332, subject to the requirements of the contract documents;
B. Authorize the City Manager to approve contract change orders for the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project, if necessary, in an amount not to exceed $93,000; and
C. Authorize an additional budget appropriation and revenue adjustment of $300,000 from Priority Legislative Budget Projects (PLBP) SB170 Funds (311) and appropriation of $92,705 from the Measure A (205) fund balance to the Crosswalk at Calle Real/Fairview Center – Pedestrian Hybrid Beacon Project, Project No. 9099 , account.
BACKGROUND:
The Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon (PHB) Project (Project) is included as part of the City’s five-year Capital Improvement Program (CIP) and is identified as CIP Project No. 9099. The project improvements include constructing a bicycle and pedestrian crossing on Calle Real approximately 550 feet west of the Fairview Avenue intersection. The project addresses existing pedestrian crossing patterns at Calle Real to and from the Fairview Avenue overcrossing. An existing pedestrian/bicycle path leads from South Fairview Avenue directly down to this location on Calle Real and outlets across the street to a popular commercial destination. There is no existing pedestrian or bicycle crossing across Calle Real at this location.
In February 2019, staff applied for a Cycle 4 Measure A South Coast Safe Routes to School Program Grant for pedestrian improvements . In June 2019, the Santa Barbara 1 Meeting Date: August 16, 2022
County Association of Governments (SBCAG) awarded Measure A Grant funding to the City in the amount of $297,500. On August 20, 2019, City Council approved the Measure A Grant funding and entered into a Project Cooperative Agreement with SBCAG.
On September 1, 2020, the City entered into Professional Design Services Agreement No. 2020-075 with Stantec Consultant Services, Inc. (Stantec) to provide design for the project. On April 5, 2022, City Council approved the plans and specifications for the Project and authorized staff to advertise f or bids for construction. The Measure A grant funding has a project deadline requiring the timely use of funds for the construction phase to be completed by June 30, 2023.
DISCUSSION:
Contract Documents
Public Works staff, in collaboration with Stantec, completed final design of the Project and on April 5, 2022, City Council approved the plans and specifications and authorized Public Works to advertise a notice inviting bids for the construction phase of the Project. During the bidding process, Public Works issued no addenda.
Bidding
The Public Works Department solicited competitive bids for the Project in the Santa Barbara Independent on June 30 , 2022 , and July 7 , 2022 , and posted the contract documents on the City’s website and the City’s electronic bidding portal, PlanetBids. The bids were opened virtually via PlanetBids on July 21, 2022. The City received a total of three bids. A summary of the bids and the engineer’s estimate are shown in Table 1 below.
Table 1: Summary of Bids
Contractor City Bid Amount
J&H Engineering, Inc. Camarillo $464,332.00
Toro Enterprise, Inc. Oxnard $503,672.70
PTM Engineering, Inc. Riverside $952,577
Engineer’s Estimate $573,466.00
The apparent low bidder is J&H Engineering (J&H). Public Works has reviewed the bid and all associated forms, investigated the contractor, and has determined J&H to be responsive to the bid solicitation. The Public Works Department does not have reservations about the contractor’s ability to perform the advertised work.
While the submitted construction bid amount is lower than the engineer’s estimate, it is an increase from the last similar project (Crosswalk PHB on Calle Real near Encina Lane Project No. 9087). Increases in the construction cost comparison are due to a number of factors, such as the increased magnitude in project scope, additional complexities of the construction work at this location, as well as industry-wide construction material/equipment cost escalation. Specific escalation in construction materials costs is being seen in asphalt and cement prices, as well as supply -chain difficulties in custom 2 Meeting Date: August 16, 2022
equipment such as the traffic signal poles, traffic signal control cabinets, and electric al service cabinet.
Public Works recommends that the City Council find the bid from J&H to be the lowest responsive bid and award a construction contract for the Project to J&H in a not-to-exceed amount of $464,332, as included in Attachment 1. Public Works is also requesting that the City Manager be given authority to approve contract change orders up to $ 93,000 above the contract amount.
Construction Management
City staff received proposals for site inspection and construction management services for this project. Public Works staff selected Filippin Engineering, Inc. (Filippin) and negotiated a scope of work and proposal. The cost of the proposed scope of work and proposal was within City Manager’s authority, so staff executed a professional services agreement in a not -to-exceed amount of $ 26,500 with Filippin to provide construction management and inspection services for the Project.
FISCAL IMPACTS:
The total estimated project cost for the Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon Project, is $735,000, based on a $465,000 bid, plus 20 percent contract change order authority, construction management, and design costs as shown in the Table 2 below.
Project Cost Estimates
Table 2
Project Components Estimated
Costs
Funding Source Funding
Amounts
Staff/Project Management
(Consultant) $78,500 Measure A Grant (206) $222,295
Design (Stantec) $60,000 Measure A (205) $120,000
Environmental Review
(Consultant) $2,000
Anticipated Additional
Appropriation -
Measure A (205)
$92,705 Materials Testing $10,000
Construction $465,000
Construction Contingency $93,000 SB170 (311) $300,000
Construction Management
(Consultant) $26,500
Total: $735,000 Total: $735,000
Project Funding
The F iscal Year 2022/23 current budget for construction funds for this project is approximately $342,295 available in both Measure A Local (205) and Measure A Grant 3 Meeting Date: August 16, 2022
(206). Additional funding of $392,705 is needed to support the total estimated project construction costs of $735,000.
Table 3 below summarizes the FY 2022/23 project budget amounts and funding source accounts:
Table 3
Staff is recommending a total budget appropriation of $ 392,705 from the Priority Legislative Budget Projects (PLBP) SB170 fund in the amount of $300,000 and $92,705 from Measure A Fund Balance. Approximately $600,000 in Measure A fund balance is available for one-time use. Additionally, staff recommends adjusting the revenue account associated with the SB170 funds, Fund 311, by $300,000.
ALTERNATIVES:
The City Council may elect to reject all bids and direct staff to re-bid the project. Doing so would delay the construction of the project and may jeopardize grant funding.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Construction Contract with J&H Engineering General Contractors, Inc.
Project: Crosswalk at Calle Real/Fairview Center - PHB (Project No. 9099) Account Fund Type FY 2022-23
Budget
YTD Activity/
Encumbrances
Requested
Appropriation Available
Balance
205-90-9099-57070
(Design) Measure A $24,905.76 $14,442.76 - $10,463.00
206-90-9099-57070
(Design)
Measure A -
Grant $25,596.00 $25,596.00 - -
205-90-9099-57071
(Construction) Measure A $128,926.76 $8,926.76 $92,705.00 $212,705.00 311-90-9099-57071
(Construction)
SB170
(Misc.
Grants)
- - $300,000.00 $300,000.00
206-90-9099-57071
(Construction)
Measure A -
Grant $248,795.00 $26,500.00 - $222,295.00
Total $428,223.52 $75,465.52 $392,705.00 $745,463.00
4 ATTACHMENT 1
PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF GOLETA
AND
J&H ENGINEERING GENERAL CONTRACTORS, INC.
5 PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF GOLETA
AND
J&H ENGINEERING GENERAL CONTRACTORS, INC.
This Public Works Contract (herein referred to as “ CONTRACT”) is made and entered into by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), and J&H Engineering General Contractors, Inc. , a California Corporation (herein referred to as "CONTRACTOR").
SECTION A. RECITALS
1. Pursuant to the Notice Inviting Sealed Bids for the Crosswalk on Calle Real / Fairview Center Pedestrian Hybrid Beacon (PHB ) Project, bids were received, publicly opened, and declared on the date specified in the notice.
2. On August 16 , 2022 , Goleta’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR and the City Council approved this CONTRACT and authorized the City Manager to execute the CONTRACT with CONTRACTOR for furnishing labor, equipment, and material for the Crosswalk on Calle Real / Fairview Center Pedestrian Hybrid Beacon (PHB) Project in the City of Goleta.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
SECTION B. TERMS
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Crosswalk on Calle Real / Fairview Center Pedestrian Hybrid Beacon (PHB) Project in the City of Goleta. The work shall be performed in accordance with the Plans and Specifications (and as generally described in the “Notice Inviting Sealed Bids,” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY :
The contract documents for the aforesaid project, a complete set of which is on file with the Goleta City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard dr awings, and appendices; together with this CONTRACT and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or DocuSign Envelope ID: 1ADF94E9-C931-4745-B889-5A2EB4462663 6 Public Works Contract
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supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written CONTRACT, the pr ovisions of this CONTRACT, and the Standard Specifications, in that order, shall control . Collectively, these contract documents constitute the complete CONTRACT between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the wo rk, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within the timeframe specified in the Contract Documents from the date of the notice to proceed. By signing this CONTRACT, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTO R agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $ 1000 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
A. Pursuant to Labor Code Sections §§1720 et seq., including but not limited to sections 1771, 1774 and 1775, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages . It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the DocuSign Envelope ID: 1ADF94E9-C931-4745-B889-5A2EB4462663 7 Public Works Contract
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prevailing wage laws.
B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACT OR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in t he performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint appren - ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
Pursuant to Labor Code § 1776, CONTRACTOR shall comply with all Department of Industrial Relations registration requirements.
E. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such DocuSign Envelope ID: 1ADF94E9-C931-4745-B889-5A2EB4462663 8 Public Works Contract
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contributions.
F. CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.
G. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
H. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this CONTRACT.
The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement .
If requested by CITY, CONTRACT OR must provide co pies of the records at its cost.
6. LEGAL HOURS OF WORK: CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Except as provided by Labor Code Section 1815, the CONTRACTOR shall, as a penalty to the CITY, forfeit twenty five dollars ($25) for each worker employed in the execution of the Contract by the CONTRACTOR or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 (commencing at Section 1810) of the California Labor Code.
7. TRAVEL AND SUBSISTENCE PAY : CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this CONTRACT as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The CITY and its o fficers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or DocuSign Envelope ID: 1ADF94E9-C931-4745-B889-5A2EB4462663 9 Public Works Contract
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injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnitie s against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligen ce on the part of CITY . In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CO NTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in co nnection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee . However, without affecting the rights of CITY under any provision of this CONTRACT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent juris diction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California.
This indemnity provision shall survive the termination of the CONTRACT and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this CONTRACT or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR r egardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS: In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third -party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims . Such notification will be in writing and forwarded in accordance with the “Notice” section of this CONTRACT. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
10. WORKERS COMPENSATION : In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.”
11. INSURANCE: With re spect to performance of work under this CONTRACT, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.
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12. ASSIGNMENT: This CONTRACT is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession .
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this CONTRACT any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession . CONTRACTOR shall maintain a City of Goleta business license, if required under CITY ordinance.
16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this CONTRACT and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this CONTRACT. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
17. SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this DocuSign Envelope ID: 1ADF94E9-C931-4745-B889-5A2EB4462663 12 Public Works Contract
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CONTRACT will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. WHOLE AGREEMENT : This CONTRACT supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.
19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this CONTRACT represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein . Each party warrants that the individuals who have signed this CONTRACT have the legal power, right, and authority to make this CONTRACT and to bind each respective par ty. This CONTRACT may be modified by writt en amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
20. NOTICES: All notices permitted or required under this CONTRACT shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this CONTRACT. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, CA 93117
Attn: City Manager
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CONTRACTOR
J&H ENGINEERING GENERAL CONTRACTORS, INC.
4065 Mission Oaks Blvd, Unit B.
Camarillo, CA 93012
21. DISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.
22. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this CONTRACT because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. NO THIRD PARTY BENEFICIARY: This CONTRACT and every provision herein is for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party . There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or the CITY’s obligations under this Contract.
24. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.
25. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES: The Parties agree that this CONTRACT, agreements ancillary to this CONTRACT, and related documents to be entered into in connection with this CONTRACT will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail . Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
26. GOVERNING LAW: This CONTRACT shall be governed by the laws of the State of California, and exclusive venue for any action involving this CONTRACT will be in Santa Barbara County.
IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT with all the formalities required by law on the respective dates set forth opposite their signatures.
This CONTRACT is executed on this sixteen day of August, at Goleta, California, and effective as of August 16, 2022.
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CITY OF GOLETA:
___________________________________
Michelle Greene, City Manager
ATTEST:
___________________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
___________________________________
Winnie Cai, Assistant City Attorney
CONTRACTOR:
_____________________________________
Amy McMullen, President
_____________________________________
Sandra Janotta, Secretary
State of California License No. 630708
Department of Industrial Relations Registration
No. 1000004011
Business Phone No. 805-987-8414
Bill Winfrey (805) 603-0682
_____________________________________
CONTRACTOR’S Emergency Phone No. at
which contractor can be reached at any time
DocuSign Envelope ID: 1ADF94E9-C931-4745-B889-5A2EB4462663 15 EXHIBIT A
NOTICE INVITING SEALED BIDS
16 NOTICE INVITING SEALED BIDS
FOR THE
CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099
130 Cremona Drive, Suite B, City of Goleta, CA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Goleta (“CITY”), invites sealed bids for the above stated project and will receive such bids via electronic transmission on the City of Goleta PlanetBids portal site until 3:00 P.M. , July 21, 2022, and will be publicly opened and posted promptly thereafter. Copies of the Contract Documents and Specifications are available from the CITY, 130 Cremona Drive, Suite B, Goleta, California 93117 upon payment of a $5 0.00 non- refundable fee if picked up, or payment of a $60.00 non-refundable fee, if mailed or no payment to CITY if obtained from the CITY website at http://www.cityofgoleta.org/i -want-to/view/city-bid- opportunities.
The work includes all labor, material, supervision, plant and equipment necessary to construct and deliver a finished CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099 . Work includes construction of a new Pedestrian Hybrid Beacon (PHB) signal-controlled crosswalk with mast arms, developing a power supply, installing pedestrian push buttons, constructing ADA accessible ramps, new crosswalk striping, pavement markings and installing applicable PHB warning and control signage. Night -work is required for project activities that will impact traffic at the intersection of Calle Real and Fairview Avenue, such as but not limited to, demolition, reconstruction of driveways, and striping. The contract period is Forty (40) Working Days. This contract period excludes time for equipment procurement and coordination with outside agencies, such as Southern California Edison (SCE). Coordination and scheduling of new service with SCE shall be Contractor’s responsibility, and reasonable project schedule impacts shall be negotiated with the Agency as needed.
A Pre-Bid Meeting is not scheduled for this project.
Bidders must be registered on the City of Goleta’s PlanetBids portal in order to receive addendum notifications and to submit a bid. Go to PlanetBids for bid results and awards. It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical difficulties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.
The bid must be accompanied by a bid security in the form of a money order, a certified cashier’s check, or bidder’s bond executed by an admitted surety, made payable to CITY. The bid security shall be an amount equal to ten percent (10%) of the total annual bid amount included with their proposals as required by California law.
Note: All bids must be accompanied by a scanned copy of the bid security uploaded to PlanetBids.
The original security of the three (3) lowest bidders must be mailed or submitted to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117, in a sealed envelope and be received or postmarked within three (3) City business days after the bid due date and time for the bid to be considered. The sealed envelope should be plainly marked on the outside, “SEALED BID
SECURITY FOR CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099.”
17 The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) per California Labor Code Section 1771.4, including prevailing wage rates and apprenticeship employment standards. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The CITY hereby affirmatively ensures that all business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
A contract may only be awarded to the lowest responsive and responsible bidder that holds a valid Class “A” Contractor’s license, Class “C” Electrical specialty, or specialty licensing in accordance with the provisions of the California Business and Professions Code.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No Bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. Failure to provide proof of the contractor’s current registration pursuant to Labor Code Section 1725.5 may result in rejection of the bid as non-responsive.
Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by CITY to ensure performance under the Contract or, in the alternative, request the CITY to make payment of retention to an escrow agent.
Any protest to an intended award of this contract shall be made in writing addressed to the City Clerk prior to the award. Any protest may be considered and acted on by the City Council at the time noticed for award of the contract. To request a copy of the notice of agenda for award, please contact the City Clerk (805) 961-7505 or register on the CITY’s website (www.cityofgoleta.org).
For information relating to the details of this Project and bidding requirements contact Debbie Talarico in writing at [email protected].
Published:
Santa Barbara Independent: June 30, 2022, and July 7, 2022
18 EXHIBIT B
BID PROPOSAL
19 City of Goleta
Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon (PHB) Project No. 9099 (22-02), bidding on 07/21/2022 3:00 PM (PDT)
Printed 07/27/2022
PlanetBids, Inc.
20 City of Goleta
Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon (PHB) Project No. 9099 (22-02), bidding on 07/21/2022 3:00 PM (PDT)
Printed 07/27/2022
PlanetBids, Inc.
21 City of Goleta
Crosswalk at Calle Real/Fairview Center - Pedestrian Hybrid Beacon (PHB) Project No. 9099 (22-02), bidding on 07/21/2022 3:00 PM (PDT)
Printed 07/27/2022
PlanetBids, Inc.
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