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4<IFORN` City Council Staff Report
Date: May 16, 2012 CONSENT CALENDAR
Subject: 2011/2012 ANNUAL ASPHALT OVERLAY, CITY PROJECT 11-06
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The Public Works and Engineering Department schedules an asphalt overlay of various
City streets. Each year the City budgets funding to overlay a few streets that are too
deteriorated to receive a slurry seal treatment. Award of this contract will allow staff to
proceed with this annual street maintenance program.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $1,516,000 for the Alternative
Bid Schedule, with Matich Corporation, for the 2011/2012 Annual Asphalt
Overlay, City Project 11-06; and
2) 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 asphalt overlay
program on various City streets as needed. This year's asphalt overlay program is
scheduled to include only major arterial streets, consisting of:
• N. Indian Canyon Dr. (Vista Chino to Alejo Rd)
• S. Palm Canyon Dr. (Mesquite Ave. to El Camino Way)
• Ramon Rd. (Indian Canyon Dr. to Sunrise Way)
• Farrell Dr. (Tahquitz Canyon Way to Computer Way)
A complete listing of streets and maps of these areas are included in Attachment 1.
On March 7, 2012, the City Council reviewed and approved the plans and
specifications, and authorized staff to proceed with bidding. On March 14 and 21, 2012,
a ITEM N0.�—
City Council Staff Report
May 16, 2012- Page 2
2011/2012 Annual Asphalt Overlay (CP 11-06)
the project was advertised for bids, and at 3:00 p.m. on April 24, 2012, the Procurement
and Contracting Division received construction bids from the following contractors:
1. Matich Corporation; San Bernardino, CA: $1,516,000
2. Hardy & Harper, Inc.; Santa Ana, CA: $1,577,000
3. Granite Construction; Watsonville, CA: $1,698,698
The engineer's estimate was $1,500,000.
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 3 bids received, none are from a prime contractor
located within the Coachella Valley. The low bidder did demonstrate an effort to obtain
local business participation, and is including the work of seven different sub-contractors
as part of the contract. Therefore, it is staffs recommendation that Council determine
the low bidder has demonstrated compliance with the Local Business Preference
Program.
The low bidder is Matich Corporation, a California corporation, and its officers are:
Stephen Matich, President; Randall Valadez, Vice President/Treasurer; Patrick Matich,
Vice President/Corp. Secretary; and Robert Matich, Vice President/Engineering.
FISCAL IMPACT:
Funding for this project is made available through local Measure A funds in account
134-4498-50225; gas tax funds in account 133-4298-50225, and Proposition 42 funds in
account133-4298-50292.
1 Although Granite Construction has a division office in Indio, the Granite Construction
bid was submitted from their division office in Watsonville.
02
City Council Staff Report
May 16, 2012- Page 3
2011/2012 Annual Asphalt Overlay(CP 11-06)
SUBMITTED:
ad,
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wi n, Asst. City Manager David H. Ready, Ci ager
Attachments:
1. Street Listing and Maps
2. Agreement
03
Listing of Streets for 2011-2012 Overlay
NORTH INDIAN CANYON DRIVE 1044050 ALEJO ROAD TACHEVAH DRIVE 2,581 58 150,417
NORTH INDIAN CANYON DRIVE 1044055 TACHEVAH DRIVE VISTA CHINO 2,722 72 182,034
----------------- --- --- - --- --- -------- ---- ---- ---
SOUTH PALM CANYON DRIVE 2344661 MESQUITE AVENUE MORONGO ROAD 961 60 57,654
SOUTH PALM CANYON DRIVE 2344662 MORONGO ROAD OLANCHA DRIVE 1,710 60 95,895
SOUTH PALM CANYON DRIVE 2344663 OLANCHA DRIVE E PALM CANYON DRIVE 350 60 31,205
SOUTH PALM CANYON DRIVE 2244075 S PALM CANYON DRIVE EL CAMINO WAY 378 60 30,680
RAMON ROAD 2344190 INDIAN CANYON DRIVE CALLE SEGUNDO 1,100 56 69,592
RAMON ROAD 2344191 CALLE SEGUNDO AVENIDA CABALLEROS 1,500 62 89,298
RAMON ROAD 2344192 AVENIDA CABALLEROS SUNRISE WAY 2,640 70 182,516
FARRELL DRIVE 1344005 TAHQUITZ CYN.WAY ALEJO ROAD 2,630 61 160,430
------- ------ - -- --—
---------- -- -
FARRELL DRIVE 1244015 ALEJO ROAD TAMARISK DRIVE 1,320 60 79,200
FARRELL DRIVE 1244010 TAMARISK DR. 225' NORTH of TAMARISK DR. 225 60 13,500
1,142,421
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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 Matich Corporation, a California corporation; 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 Schedule(s) of
the City's Contract Documents entitled:
2011/2012 ANNUAL ASPHALT OVERLAY
CITY PROJECT NO. 11-06
The Work is generally described as follows:
Cold milling of existing asphalt concrete pavement; installation of hot asphalt-rubber sealant
material in designated pavement cracks; installation of asphalt concrete in designated pavement
cracks; installation of geotextile fabric; construction of hot mix asphalt; installation of Type E
inductive loop vehicle detectors; traffic striping and markings; and all appurtenant work on various
streets in Palm Springs.
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 the 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 $3,000 for each calendar day that expires after the time specified in
Article 2, herein.
09
AGREEMENTFORM
AGREEMENT AND BONDS-PAGEA
-
ARTICLE 3 -- CONTRACT PRICE Alternative Bid Schedule: $1,516,000.00
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
prevailing rate of per diem wages as determined by the Director of the California Department of
Industrial Relations, 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 01 to 01, 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 provisions of 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
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
10
AGREEMENTFORM
AGREEMENT AND BONDS-PAGE 2-:
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: APPROVED BY THE CITY COUNCIL:
CITY OF PALM SPRINGS,
CALIFORNIA
Date
By
City Clerk Agreement No.
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
11
AGREEMENTFORM
AGREEMENT AND BONDS-PAGE 3..
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: Matich Corporation Check one:_Individual_Partnership X Corporation
Address: 1596 Harry Sheppard Blvd.
San Bernardino, CA 92408
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 ❑ State of C
County of ❑ss County of ❑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) is/are evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument. the person(s) acted, executed the 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:
AGREEMENTFORM 12
AGREEMENT AND BONDS-PAGE 4