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CgOro NV* City Council Staff Report
Date: December 18, 2013 CONSENT CALENDAR
Subject: AWARD OF CONTRACT FOR THE RUTH HARDY PARK — PARKING
LOT REPAIRS, CITY PROJECT NO. 13-08
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Palm Springs City Council approved Measure J funds for parking lot repairs at Ruth
Hardy Park. The project includes cold milling and overlaying the existing two parking
lots with 2" asphalt. Award of this contract will allow staff to proceed with the
construction of the `Ruth Hardy Park — Parking Lot Repairs" project, City Project No. 13-
08.
RECOMMENDATION:
1) Find the bid submitted by L.C. Paving & Sealing, Inc. and KAD Paving Company
as non-responsive pursuant to Palm Springs Municipal Code Section 7.09.030.
2) Approve Agreement No. , in the amount of $147,636.00 with United
Paving Company, for the construction of Ruth Hardy Park — Parking Lot Repairs
project, City Project No. 13-08;
3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City Council approved a number of projects to be funded with Measure J funds,
including the 'Ruth Hardy Park— Parking Lot Repairs" project.
ITEM NO. LT
City Council Staff Report
December 18, 2013 - Page 2
Ruth Hardy Park—Parking Lot Repairs, City Project 13-08
The project design was prepared by the Public Works & Engineering Department and
includes cold milling the existing pavement, asphalt concrete overlay, construction of
ADA access ramps, and application of thermoplastic parking stall striping on both, the
Main Parking Lot and the North Parking Lot of Ruth Hardy Park.
At the September 18, 2013 meeting, City Council approved the Plans, Specifications,
and Estimates (PS&E) and Authorized Staff to Bid the Ruth Hardy Park — Parking Lot
Repairs, City Project No. 13-08. On October 25, 2013 and November 1, 2013, the
project was advertised for bids, and on November 26, 2013, the Procurement and
Contracting Division received construction bids from the following contractors:
1. L.C. Paving & Sealing, Inc., San Marcos, CA $135,321.00
2. KAD Paving Company, Yucaipa, CA $136,028.00
3. United Paving Company, Corona, CA $147,636.00
4. Golden Valley Construction, Palm Springs, CA $156,605.00
5. American Asphalt South, Inc. Fontana, CA $175,681.00
6. Hardy & Harper, Inc., Santa Ana, CA $176,000.00
7. Granite Construction A Company, Indio C $
186 520.00
8. Cooley Construction, Inc., Hesperia, CA $199,138.00
9. Kirk Paving, Inc., Lakeside, CA $200,174.20
The Engineer's estimate was $169,000.00
The low bid was submitted by L.C. Paving & Sealing, Inc., however, in the opinion of the
City Attorney and City Engineer it did not provide sufficient documentation of a good
faith effort to subcontract with local firms as required by the City's Local Business
Preference Program, Section 7.09.030 of the Municipal Code (see below). No
publications were placed, only one written notice sent to Spartan Concrete & Asphalt
Coating, and no other methods were identified or used to solicit local firms. Also, L.C.
Paving & Sealing, Inc. listed only one item of work available to local firms, and did not
break down the contract work into feasible units to facilitate participation by local firms.
The only local firm listed was Spartan Concrete & Asphalt Coating for saw-cutting for
4% of the total bid price. L.C. Paving & Sealing, Inc. was considered non-responsive
since it did not adhere to the Local Business Preference Program per section 7.09.030
of the Municipal Code.
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires 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-contractors are qualified to
perform the work or supply the materials or equipment
02
City Council Staff Report
December 18, 2013 - Page 3
Ruth Hardy Park—Parking Lot Repairs, City Project 13-08
The second low bidder, KAD Paving Company, placed three advertisements but did not
send written notices or used other methods to solicit local firms. They did not break
down the contract work into feasible units to facilitate participation by local firms, and
the only local firm listed was Matich Corporation for materials supply.
The apparent third low bidder, Golden Valley Construction, made a mathematical error
on Bid Schedule B, and the corrected bid amount of $156,605.00 (instead of
$144,995.00) made this company the fourth low bidder.
The apparent fourth low bidder, United Paving Company became the third low bidder
with the $147,636.00 bid. This bidder placed two advertisements, two written notices
with follow-up phone calls, and specified the contract work items available for
participation by local firms. They listed three firms: Skanska, Matich Corporation, and
Tops N'Barricades for materials supply.
Staff is recommending award of the contract for the Ruth Hardy Park — Parking Lot
Repairs, City Project No. 13-08, to the third low bidder, United Paving Company
because they demonstrated "Good Faith Efforts" in the Local Business Preference
Program.
The lowest responsive, responsible bidder is United Paving Company, a California
Corporation from Corona, whose principal officer is Sabas Trujillo, President, Secretary,
and Treasurer.
FISCAL IMPACT:
Funding for this project is available in Measure J account number 260-4500-59410.
SUBMITTED:
Pre par d/ y: Recommended by:
L
�avat Khanfphou David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
David H. Ready, City ger
Attachment: Agreement
03
AGREEMENT
THIS AGREEMENT made this day of in the year 2013,
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 United Paving Company 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
Schedules of the City's Contract Documents entitled:
RUTH HARDY PARK— PARKING LOT REPAIRS
CITY PROJECT NO. 13-08
The Work is generally described as follows:
Construction of parking lot improvements, including cold milling of existing asphalt
concrete pavement, construction of new 2" asphalt concrete overlay, construction of ADA
access ramps, and thermoplastic striping and markings.
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 $700.00 for each
calendar day that expires after the time specified in Article 2, herein.
ARTICLE 3 -- CONTRACT PRICE
RUTH HARDY PARK-PARKING LOT REPAIRS AGREEMENT FORM 04
CITY PROJECT NO. 13-08 AGREEMENT AND BONDS-PAGE 1
10/22/2013
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
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit,
Bidder's General Information, Bid Security or Bid Bond, this Agreement, Workers
Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications,
Special Provisions, the Drawings, Addenda numbers to , 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 RUTH HARDY PARK-PARKING LOT REPAIRS AGREEMENT FORM 05
CITY PROJECT NO. 13-08 AGREEMENT AND BONDS-PAGE 2
1 012 2/2 01 3
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.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By APPROVED BY THE CITY COUNCIL:
City Clerk
APPROVED AS TO FORM: Date
By
City Attorney Agreement No.
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
RUTH HARDY PARK-PARKING LOT REPAIRS AGREEMENT FORM O o
CITY PROJECT NO. 13-08 AGREEMENT AND BONDS-PAGE 3
10/22/2013
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: Check one:_Individual _Partnership _Corporation
Address:
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 I State.of C
County of r ss County of C 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
is/are subscribed to the within instrument and 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 instrument the person(s), or the entity upon behalf
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:
RUTH HARDY PARK-PARKING LOT REPAIRS AGREEMENT FORM 07
CITY PROJECT NO. 13-08 AGREEMENT AND BONDS-PAGE 4
10/22/2013