HomeMy WebLinkAbout7/3/2013 - STAFF REPORTS - 2.O. FQALMS
A� Ali
i 2
Q
k �
C�'POlPRO`Pe
cq<IFOAN�P, City Council Staff Report
Date: July 3, 2013 CONSENT CALENDAR
Subject: 2012/2013 ANNUAL SLURRY SEAL, CITY PROJECT 13-02
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Public Works and Engineering Department schedules an annual slurry seal of
various City streets. It is intended that each City street receive a slung seal
approximately every 5 to 7 years. Award of this contract will allow staff to proceed with
the annual street maintenance program, funded by Measure J.
RECOMMENDATION:
1. Find the bid submitted by VSS International, Inc. as non-responsive pursuant to
Palm Springs Municipal Code Section 7.09.030.
2. Approve Agreement No. in the amount of $548,096.01 for Alternative Bid
Schedule B with Pavement Coatings Co., for the 2012/2013 Annual Slurry Seal,
City Project No. 13-02; and
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Public Works Department oversees the maintenance of the City's street system.
Each year, the Department assembles a capital project to continue its Slurry Seal
Program on various City streets. The intention of the program is to provide a slurry seal
within 5 to 7 years on every City street. This year's slurry seal program is funded by
Measure J. A complete listing of streets and maps of these areas are included in
Attachment 2.
On April 30, 2013, the Procurement and Contracting Division received and opened
construction bids. The low bid was submitted by a firm that did not, in the opinion of the
A�Ik�a � Ct rl ITEM NO. O
Ana q� ��
City Council Staff Report
July 3, 2013 - Page 2
2012/2013 Annual Slurry Seal (City Project No. 13-02)
City Attorney and City Engineer, provide documentation of a good faith effort to
subcontract with local firms as required by section 7.09.030 of the Municipal Code. The
City Council rejected all bids and directed staff to rebid the project.
Local Business Preference Compliance
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. Any notice inviting bids which may require the use of sub-contractors
shall include notification of this subsection. The City Council or Director may
reject as non-responsive the bid of any contractor proposing to use sub-
contractors that fail to comply with the requirements of this subsection.
On May 30, and June 6, 2013, the project was re-advertised for bids, and at 3:00 p.m.
on July 2, 2013, the Procurement and Contracting Division received construction bids
from the following contractors:
1. VSS International, Inc., W. Sacramento: $535,517.00*
2. Pavement Coatings Co., Jurupa Valley: $548,096.01
3. American Asphalt Co., South Fontana: $669,454.66
Note: *Consider bidder non-responsive per 7.090.030 of the Municipal Code.
The engineer's estimate was $550,000.
The low bid was submitted by VSS International, Inc., however, they did not provide
documentation of a good faith effort to subcontract with local firms. None of the three
listed subcontractors were local firms, no publications were placed, no written notices
sent, and no other methods were used to solicit local firms. Staff recommends this
bidder to be non-responsive since this firm did not adhere to the Local Business
Preference Compliance per section 7.09.030 of the Municipal Code. This was
confirmed with the City Attorney.
The second low bidder completed the good faith effort forms showing the steps taken to
attempt to subcontract with local firms. Staff is recommending award to the second low
bidder, Pavement Coatings Co.
Pavement Coatings Co. is a California Corporation and its officers are: Doug Ford,
President, Richard Gove, Secretary, and Bernard Hale, Treasurer.
City Council Staff Report
July 3, 2013 - Page 3
2012/2013 Annual Slurry Seal (City Project No, 13-02)
FISCAL IMPACT:
Sufficient funds are available in Account No. 260-4493-50807
SUBMITTED:
Submitted by: Recommended by:
Savat Khamphou David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
2�
David H. Ready anager
Attachments:
1. Agreement
2. Street listing and maps
2.0. 2012-13 ANNUAL SLURRY SEAL (CP 13-02)
RECOMMENDATION: 1) Approve an agreement for the 2012-13 Annual
Slurry Seal Project for certain Bid Schedules (CP 13-02); and 2) Authorize
the City Manager to execute all necessary documents. A
Bid opening will take place at 3:00 p.m., Tuesday, July 2, 2013.
Staff Report to folio
Attached for review:
1 . Agreement
2. Street Listing and Maps
2 Item No. . O .
I
I
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
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
jThe Contractor shall complete the Work as specked or indicated under the Bid
11 Schedule(s) of the City's Contract Documents entitled:
2012/2013 ANNUAL SLURRY SEAL
CITY PROJECT NO. 13-02
i
The Work is generally described as follows:
The Work comprises preparation of pavement cracks for installation of hot asphalt-
rubber sealant material and asphalt concrete as designated by project
specifications; preparation of streets and facilities for and application of Rubber
Polymer Modified Slurry (RPMS). Work to occur on various streets within the City
i of Palm Springs as indicated on the street list and maps attached as part of
Appendix W. Total slurry placement is estimated at 2,070,106 Square Feet. Note:
j Alternate Bid Schedule B substitutes the placement of Rubber Polymer Modified
{ Slurry (RPMS) on streets indicated on section map 1-T4S-R4E with Micro-Milling
and RPMS 'modified application rate'.
j ARTICLE 2 -- COMMENCEMENT AND COMPLETION
i
i 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
j 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
AGREEMENTFORM
AGREEMENT AND BONDS-PAGE 1
02
i
i
delay (but not as a penalty), the Contractor shall pay the City the sum of $790 for each
i calendar day that expires after the time specified in Article 2, herein.
ARTICLE 3-- CONTRACT PRICE
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, Worker's
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
j processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 — NOTICES
i
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
i 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.
AGREEMENT FORM
AGREEMENT AND BONDS-PAGE 2
03
i
I
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.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA CONTENTS APPROVED:
I
f By By
I City Clerk City Engineer
Date
f By
City Manager
1
Date
i
E
APPROVED AS TO FORM: APPROVED BY THE CITY COUNCIL:
By
j City Attorney Date
Date
Agreement No.
AOREEMENTFORM
AGREEMENT AND BONDS-PAGES
i
04
i
I
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)
1 Name: Name:
Title: Title:
(This Agreement must be signed in the above This Agreement must be signed in the above
j 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 ❑ State of fl
County of ❑ss County of ❑ss
i
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
i the same in hislher/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($) 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
{ I certify under PENALTY OF PERJURY under the 1 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:
i
f
Notary Seal: Notary Seal:
AGREEMENTFORM
AGREEMENT AND BONDS-PAGE 4
I
05
1%a REFLA9-PCI RANGE 80-90 rx xIL:BUGGET)
WHREWATER CLUB DRIVE WNW
1-44155 VERONA ROAD VIA ESCUELA L263.00 32 40,416 SgFI t 80
WHITEWATERCLUB DRIVE 1.4.4160 VIA ESCUELA VISTACHINO 2,271110 32 40,672 SgFI 80
VENETIA ROAD 1-0.4190 VIMINAL ROAD - VOLTURNO ROAD 925 24 22,200 SgFI e0
j VALENCIA ROAD 14-0.125 VOLTURNO ROAD VIMINALROAD 921 24 22,1045gFt 77
VENTURAROAD 1.4.4-M WMINALROAD VOLTURNO ROAD 924 24 22,176 SgFt 80
VINCENTIAROAD 14-0225 VOLTURNO ROAD VIMINAL ROAD 937 24 22,4885gFt BO
VIMINAL ROAD 14-4-230 VINCENTIA ROAD VIA ESCUELA 989 24 23,736 SgFt so
WESTACACIAROAD 1-4-4-M MAGNOLIA ROAD VIA ESCUELA 620 24 14,880 SgFt 80
ACACIA ROAD 1-4-4-310 VICTORIA ROAD MAGNOLIA ROAD 240 24 5,760 SgFt 86
EASTACACIAROAD 1-4-4-305 VIA ESCUEtA VICTORIA ROAD 615 24 14,76D SgFt 83
WESTNICOLAROAD 1.4.4-360 DEBORAH ROAD VIA ESCUEIA 625 24 35,000 SgFt 80
NICOLA ROAD 1.4.4-355 SANDRAROAD DEBORAH ROAD 237 24 5,6885gFt 83
EAST NICOLA ROAD 144-350 VIA ESCUEIA SANDRAROAD 614 24 14,736 SgFt 83
VIAESCUELA 24 4-440 SUNRISE WAY FARRELL DRIVE 2,609.00 32 83,488 SgFt 80
VIA ESCUELA 14.4.44S FARRELL DRIVE 130'E OF WHITEWATER 2,633.00 32 84,256 SgFt 80
ANDREAS HILLS DRIVE 134-010 REDFORD DRIVE BOGERT TRAIL 1,950.O0 00 87,3325gFt 80
j ANDREAS HILLS DRIVE 1.5-0-0SO REDFORD DRIVE BOGERT TRAIL 11100.00 40 44,362 SgFt 80
CABRILLO ROAD 34-0-355 VISTA GRAND£AVEN UE GIRASOLAVENUE 282 24 6,768 SgFt 76
GIRASOLAVENUE 84-4-345 CASAILLO ROAD VISTAGRANDE 975 23 23,386 SgFt 77
GIRASOL COURT 3-4-4390 GIRASOLAVENUE WEND 236 28 8,3345gFt 80
VISTA GRANGE AVENUE 34.4.350 GIRASOLAVENUE CABRILLO ROAD 834 24 20,0165grt 79
ALLEY 0 IUNIPERO(P.C.C.( 144.384 VIALOUVERA VIAESCUELA 610 24 14,600 SgFt 80
BIRD CENTER LANE 7.45100 TACHEVAH DRIVE NEND 898 48 43,104 SgFt 80
TACHEVAH DRIVE 7-4-5-105 GENE AUTRY TRAIL BIRO CENTER LANE 503 qe 24,1443pF1 77
CAMINO CENTRO 104 4.300 N VIA LAS PALMAS SVIA LAS PALMAS 400 25 8,696 SgFt 80
AVENIDA CABAlLER05 144.409D RAMON ROAD TARQUITZ CANYON WAY 21565 60 147,600 Sgft 80
'. AMADO ROAD 24-0.4056 CALLE ENCILIA CALLE EL SEGUNDO 575 60 34,500 SgFt 80
ANDREAS ROAD 1444485 CALLE ENCILIA CALLE EL SEGUNDO S12 60 30,720 SgFt 80
ANDREAS ROAD 14-44490 CALLE EISEGUNDO CALLE ALVARADO 705 23 16,215 SgFt 80
19TH AVENUE - 15-3. -DOI SOO'WEST OF INDIA'4 AVENUE WEST END 2,073.00 30 62,1905gFt 80
MCLANE STREET 153.4-D20 ORRWAY 19TH AVENUE 1,291 52 67,1325gFt 91
NEWHALL STREET 15-34-025 ORR WAY 19THAVENUE 1,257 52 65,3645gFt 91
RUPPERTSTREET I5-34-030 20TH AVENUE 19TH AVENUE 1,692 60 201,520 SgFt 91
ORR WAY IS-34-035 NEWHALL STREET MCLANE STREET 2,573 52 133,796 SpFt 91
CROSSLEY ROAD 20-0-5-005 34THAVENUE DINAHSHORE DRIVE 2,775.D0 52 154,8925gFt 80
RAMON ROAD 20-0 5.100 GENE AUTRY ROAD SAN LUIS REY DRIVE 1,277.00 80 101,896 SgFt 80
CAMINOCAUDAD 22.4.4-M RAMON ROAD SEND 460 31 17,206 SgFt 72
BARONA ROAD 25AA-005 E PALM CANYON DRIVE 800'S OF E PALM CANYON DRIVE 000.00 60 48.000 Sq Ft 80
RARONA ROAD 2S4-A-010 BOW S Of E PALM CANYON DRIVE 130-N OF MORONGO TRAIL 350 M.5 15,5755gFt 80
BARONA ROAD 25-44-025 130'N OF MORONGOTRAIL JACARANDAROAD 1,280.00 29 37,120 Sq Ft 81
BARONA ROAD 25.4-4-020 JACARANOA ROAD S END 830 31 25.730 SgPI 80
IACARANDAROAD 25.44-025 BARONA ROAD EEND 1,14a.00 96 42,597 SgFt 86
CONCHO LANE 25-4-4-03D IACARANDAROAD NEND 166 33 7,956 SgF1 80
34THAVENUE 20-4.5-125 GOLF CLUB DRIVE 260'W OF LAWRENCE STREET 1,570 28 43,960 Soft 00
MARGUERITE STREET 294.5-025 34TH AVENUE MARTHASTREET 1,290.00 32 39,742 S4Ft 80
MARTHASTREET 29-4.5-030 MARGUERITE STREET LAWRENCE STREET 355 32 22,032 SgFt 76
LAWRENCE STREET 29-4-5-035 MARTHASTREET 34TH AVENUE 1,290.00 32 39,742 SgFt 80
BOB O'UNK LANE 29-4-5-WS BRENTWOODDRIVE CHERRY HILLS DRIVE 2,190.00 32 70,102 SgFt 80
CHEROKEE WAY - 30J-5.045 E PALM CANYON DRIVE MATTHEW DRIVE 930 46 41,427 SgFI 80
2,070,206 SgFt 81
f Avg PCI
j0 Pri led:3/21/2013
1 Q)
i
• ZMA 4 AMIN- 10
1 '
ram
m — �
_ry ,
b
1
a
�itrrrYiti♦■ i♦ik� � �c� ��
�. MEMO
g � - w � i ■ i
=11i law �!i r ■ man
iEiEfEE;E !
�� ice ' �ii► iia �iwI NNE •� �
1
i
i
CITY OF PALM SPRINGS
SECTION 1-T5S-R4E
'? RIVERSIDE COUNTY
LLJ
d .. T
w i
y
CITY OF PALM SPRINGS a
W
0
cn -�
w
08
.� I � r•�`ni� '1
NMI ..
3
.01
I •
i111Y17� i.JI
TLftllil>f�l%�lN1u�fFs�;�l7 N
FAIR lid
J: '11: �ll� • R: 1 � fa
i
�_ ��i �1►�:aw� �: r
I .i�e,a!erJ w: aaw Oc�
:�, 1 ti•@It• alp F11 �1�,
CITY OF PALM SPRINGS
SECTION 7-T4S-R4E
ESCEN LLJ
- r-- ( GOLF C)
r T 7
i LL- LL
CLUB
r -
�'ALM
J
NA
� IR RT,�� -
10
Ll j
1 + +
I T-
F r I r
t
1
px, rn �c_ - { t—
I ,
J ,
r I
1
tD w -
� t J
CO
,
a LL l 4
ti1 y, %'�
\v V
�/�.J�/�n��,• . .... -
U , i
i
i
I
I
CITY OF PALM SPRINGS
SECTION 14-T4S-R4E
JL
�~9Ci6ro9
MAU
_1
I
A
J
I
2
1
CITY OF PALM SPRINGS
SECTION 15-T3S-R4E
DESERT HOT SPRINGS
18M AVE DE!
------------
(D
Of
fl�
13
i
CITY OF PALM SPRINGS
SECTION 20-T4S-R5E
E GENE AUTR%�_ _ M
PLAZA
WALMART {
j
���J� Z
Q
- kWHI j'
Q
A Cl i
T SAL \\�;
HDOTRS »--- °, O L�
U
KNOTTS
SOAK
CITY
TA QUITZ I
CR E
14
CITY OF PALM SPRINGS
SECTION 22-T4S-R4E
r 7
f
'rAHQU y -
�: i
TAHw
O Rl�RPRETNE '
C), CEWR `
7 I /
LLIT- YB4
cin
1
w
—J.-.
t
15
CITY OF PALM SPRINGS
SECTION 25-T4S-R4E
6 Lip
1-4
rrrr, 11,
�; I ; / Ply/� ., � �;:�"' 1
Is
f-T'
i
7
vi
CITY OF
CITY OF o
r ro
PALMP (
co
D
m (c!1
CATHEDRAL CITY `--
CITY OF PALM SPRINGS %� a
E
44
.4mm Mm,
(D ui _ --!-a Q / 1
Z LO
CL U)
)AMAM D
ce) .... .
LL 0
L"t