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Date: May 15, 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 slurry 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 and determine 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 $544,296.02 for Bid Schedule B
with Pavement Coatings Co., subject to expiration of the bid protest time period,
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 Slurry Seal 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 1.
On March 6, 2013, the City Council reviewed and approved. the plans and
specifications, and authorized staff to proceed with bidding. On April 3, and 10, 2013,
the project was advertised for bids, and at 3:00 p.m. on April 30, 2013, the Procurement
and Contracting Division received construction bids from the following contractors:
1. VSS International, Inc.; W Sacramento: $539,857.00
2. Pavement Coatings Co.; Jurupa Valley: $544,296.02
3. American Asphalt , South; Fontana: $623,460.70
ITEM NO. 5G
City Council Staff Report
May 15, 2013- Page 2
2012/2013 Annual Slurry Seal (City Project No. 13-02)
4. All American Asphalt, Corona: $729,474.60
The engineer's estimate was $550,000.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to 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; submission of good
faith efforts is required. Of the four bids received, none are from a prime contractor
located within the Coachella Valley.
The low bid was submitted by a firm that did not, in the opinion of the City Attorney and
City Engineer, provide documentation of a good faith effort to subcontract with local
firms as required by said section of the Municipal Code. They also did not fill in the
percentage of work to be performed by the prime contractor as required on Bid Forms,
page 6. The second low bidder did complete the good faith effort forms showing the
steps taken to attempt to subcontract with local firms. Both bidders propose to use a
local firm to provide aggregate for the project. Based on reasons noted above, staff is
recommending award to the second low bidder.
The 2nd low bidder is Pavement Coatings Co., a California Corporation and its officers
are: Doug Ford, President, Richard Gove, Secretary, and Bernard Hale, Treasurer.
FISCAL IMPACT:
Sufficient funds are available in Account No. 260-4493-50807
SUBMITTED:
Submitted by:
David J. Barakian
Director of Public Works/City Engineer
Approved by:
David H. Ready,101rhager
Attachments:
1. Agreement
2. Street listing and maps
02
.,� K FO 1111 LU D EH 9- I JAIJE 8 - .3 U
WHITE WAT ER CLUB DRIVE 1d-0-155 VERONA ROAD VIAESCUELA 1,263.00 32 40, 116 :DtSgrl '. to
WHITEWATER CLUB DRIVE 1-4-4-260 VIAESCUELA VISTA CHINO 1,271.00 32 40,6725 Ft 80
VENETIA ROAD 1-4-4-190 VIMINAL ROAD VOLTLIRNO ROAD 925 q
VALENCIA ROAD 14.4-185 VOLTURNO ROAD VIMINALROAD 921 24 22,104 SgFt 77
VENTURA ROAD 1-4-0-190 VIMINALROAD VOLTURNO ROAD 924 24 22,176 SgFt 80
VINCENTIA ROAD 14.4.225 VOLTURNO ROAD VIMINALROAD 937 24 22,488 SgFt 80
VIMINAL ROAD 1-4-4.230 VINCENTIAROAD VIA ESCUELA 989 24 23,736 SgFt e0
WESTACACIAROAD - 144-315 MAGNOLIAROAD VIA ESCUELA 620 24 14,880 SAFt 80
ACACIA ROAD 144-310 VICTORIA ROAD MAGNOLIA ROAD 240 24 5,760 SgFt 86
EAST ACACIA ROAD 1h4-305 VIA ESCUELA VICTORIA ROAD 615 24 14,760 Sq Ft 83
WESTNICOLAROAD 144-360 DEBORAH ROAD VIA ESCUELA 625 24 15,0005 Ft 80
NICOLA ROAD 14-4-355 SANDRAROAD DEBORAH ROAD 237 24 51688 SgFt 83
EAST NICOIA ROAD 144-350 VIA ESCUELA SANDRA ROAD 614 24 14,7365 Ft 83
VIA ESCUELA - g
1-0-4-040 SUNRISE WAY FA0.RELL DRIVE 2,609.00 32 83,488 SgFt 80
VIA ESCUELA 1-041-445 FARRELL DRIVE 130'E OF WHITEWATER 2,633.00 32 84,256 Sq Fl 80
ANDREAS HILLS DRIVE 154-010- REDFORD DRIVE BOGERT TRAIL 1,950.00 40 87,322 SgFt 80
ANDREAS HILLS DRIVE 1-54.OSO REDFORD DRIVE BOGERT TRAIL 1,100.00 40 44,362 SgFt 80
CABRILLO ROAD 344-355 VISTA GRANDE AVENUE GIRASOL AVENUE 282 24 6,768 SgFt 76
GIRASOLAVENUE 3-44-345 CABRILLO ROAD VISTA GRANDE 975 23 23,3865gFt 77
GIRASOLCOURT 34-4-390 GIRASOLAVENUE WEND 236 28 8,3345gFt 80
VISTA GRANDE AVENUE 3.4-4.350 GIRASOLAVENUE CABRILLO ROAD 834 24 20,016 SgFt 79
-- ALLEY®IUNIPERO(P.C.C.) 3-0-4.384 VIAL OUVERA VIA ESCUELA 61D 24 14,600 SgFt 80
BIRD CENTER LANE 74-5-IOD TACHEVAH DRIVE NEND 898 48 43,1045gFt BO
TACHEVAH DRIVE 7.4-5-IOS GENEAUTRYTRAIL BIRD CENTER LANE 503 48 24,1445 Ft 77
CAMINO CENTRO 1044-30D N VIA LAS PALMAS S VIA LAS PALMAS q
465 25 ,600 SgfI 80
4
AVENIDA CABALLEROS 744 -040 RAMON ROAD TAHOUITZ CANYON WAY 2,565 60 147,600 SgFt 80
AMADOROAD 144.4.D56 CALLS ENCILIA CALLE EL SEGUN60 575 60 34,500 SgFt 80
ANDREAS ROAD 1444.185 CALLE ENCILIA CALLE EL SEGUNDO 512 60 30,7205gFt 8o
ANDREASROAD IA44-19D CALLE EL SEGUNDO CALLE ALVARADO 7D5 23 25,2155gFt 80
19THAVENUE 15.34.001 500'WEST OFINDIANAVENUE WESTEND 2,073.00 90 62,190 SgFt 80
MCLANE STREET 15-34-020 ORRWAY 19TH AVENUE 1,291 52 67,132 SgFt 91
NEWHALLSTREET 15-34-025 ORR WAY 19TH AVENUE 1,257 52 65,364 Sq Ft 91
RUPPERTSTREET 15-34-030 20TH AVENUE 19TH AVENUE 1,692 6o 101,520 SgFt 91
ORR WAY 15-34-035 NEWHALL STREET MCIANE STREET 2,573 52 133,796 Sq Ft 91
CROSSLEY ROAD 204-5-D05 34TH AVENUE DINAWSHORE DRIVE 2,775.00 52 154,892 SgFt 80
RAMON ROAD 204-5-100 GENEAUTRY ROAD SAN LUIS REY DRIVE 1,277.00 80 101,896 SgFt 80
CAMINOCAUDAD 22.44-000 RAMON ROAD SEND 460 31 17,2065gFt 72
BARONA ROAD 2544-0OS E PALM CANYON DRIVE 800'S OF E PALM CANYON DRIVE 800.00 60 48,000 SgFt 80
BARONA ROAD 25-4-4-010 BDD'S OF PALM CANYON DRIVE 130'N OF MORONGO TRAIL 350 44.5 15,575 SgFt 80
BARONA ROAD 25-0-0-015 130'N OF MORONGOTRAIL JACARANDA ROAD 1,280.00 29 37,120 SgFt 81
BARONA ROAD 254.4-OZD JACARANDA ROAD SEND 830 31 25,730 SgFt 80
JACARANDAROAD 25-0-4.02S BARONA ROAD EEND 1,140.00 36 42,597 SgFt 96
CONCHO LANE 25-44.03G JACARANDA ROAD - N END 166 33 7,956 SgFI BO
34TH AVENUE 204-5-115 GOLF CLUB DRIVE 260'W OF LAWRENCE STREET 1,570 28 43,960 SgFt 80
MARGUERITE STREET 29.4.5.025 34TH AVENUE MARTHASTREET 1,280.00 32 39,742 SgFt BO
MARTHASTREET 29-0-5-030 MARGUERITE STREET LAWRENCE STREET 355 32 12,0325gFt 76
LAWRENCE STREET 294.5-035 MARTHASTREET 34TH AVENUE 1,28D.00 32 39,742 SgFt 80
BOB O'UNK LANE 29-05-065 BRENTWOOD DRIVE CHERRY HILLS DRIVE 2,190.00 32 70,102 SgFt 80
CHEROKEE WAY 304.5.045 E PALM CANYON DRIVE MATTHEW DRIVE 930 46 41,427 SgPt g0
2,070,106 SgFt 81
Avg PCI
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VII
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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
l
The Contractor shall complete the Work as specified or indicated under the Bid
Schedule(s)of the City's Contract Documents entitled:
I
201212013 ANNUAL SLURRY SEAL
CITY PROJECT NO. 13-02
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
of Palm Springs as indicated on the street list and maps attached as part of
Appendix `A'. Total slung placement is estimated at 2,070,106 Square Feet Note:
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'.
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 specked
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
2012/2013 ANNUAL SLURRY SEAL AGREEMENT FORM
CITY PROJECT NO.13-02 AGREEMENT AND BONDS-PAGE 1
3128113
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delay (but not as a penalty), the Contractor shall pay the City the sum of $790 for each
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).
!I 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
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 fine or, to an officer of the corporation for whom it is
intended, or W 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.
20122013 ANNUAL SLURRY SEAL AGREEMENT FORM
CITY PROJECT NO.13-02 AGREEMENT AND BONDS-PAGE 2
3/2W13 ry
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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:
By By
City Clerk City Engineer
Date
By
City Manager
Date
APPROVED AS TO FORM: APPROVED BY THE CITY COUNCIL:
By
City Attorney Date
Date
Agreement No.
2012Y2013 ANNUAL SLURRY SEAL AGREEMENT.FORM
CITY PROJECT NO.13-02 AGREEMENT AND BONDS-PAGE 3
3128/13 - p
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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.
i
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CONTRACTOR: Name: Check one:_Individual_Partnership _Corporation
Address:
By. By.
Signature(notarized) Signature(notarized)
j 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)
PPf State of C State of
County of ❑ss County of Ess
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:
2012/2013 ANNUAL SLURRY SEAL AGREEMENT FORM
CITY PROJECT NO. 13-02 AGREEMENT AND BONDS-PAGE 4 -
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