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Cqt/FORa�P4 City Council Staff Reloort
Date: May 2, 2012 CONSENT CALENDAR
Subject: 2011/2012 ANNUAL SLURRY SEAL, CITY PROJECT 11-05
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department, Office of Sustainability
SUMMARY
The Public Works and Engineering Department schedules an annual slurry seal of
various City streets. It is intended that every City street receive a slurry seal
approximately every 5 to 7 years. Award of this contract will allow staff to proceed with
this annual street maintenance program.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $581,310.76 for Bid Schedules
A and B, with Pavement Coatings Co., for the 2011/2012 Annual Slurry Seal, City
Project 11-05; 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 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
scheduled to include only major arterial streets, consisting of:
• Palm Canyon Dr. (Vista Chino to Mesquite Ave.)
• S. Palm Canyon Dr. (El Camino Way to Cantina Way)
• Indian Canyon Dr. (Ramon Rd. to Camino Parocela)
• Farrell Dr. (Computer Way to Vista Chino)
• Dinah Shore Dr. (Gene Autry Trail to bridge)
• Kirk Douglas Way (El Cielo Rd. to Ramon Rd.)
A complete listing of streets and maps of these areas are included in Attachment 1.
ITEM NO.
City Council Staff Report
May 2, 2012 - Page 2
2011/2012 Annual Slurry Seal (CP 11-05)
On February 28, 2012, the City Engineer presented this project to the Main Street
Executive Board at its regular meeting. Staff explained the City's intention to move
forward with this important street maintenance project for the Uptown and Downtown
areas, with an expectation of construction occurring by May 2012. Deferring this project
until summer is not possible, as there are limitations on the maximum ambient
temperature for installation of slurry seal. There will be strict provisions for scheduling
the work in the City's commercial areas to minimize impacts to businesses, with an
emphasis for the contractor to complete the work as quickly as possible. The Main
Street Executive Board was supportive of the City's project, and made the following
requests: 1) do not start the project prior to May 1; 2) do not work Memorial Day
weekend; 3) do not prevent VillageFest from being scheduled; and 4) do not schedule
overlay of Indian Canyon Dr. until the slurry seal contract is complete.
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,
the project was advertised for bids, and at 3:00 p.m. on April 17, 2012, the Procurement
and Contracting Division received construction bids from the following contractors:
1. Pavement Coatings Co.; Jurupa Valley7, CA: $581,310.76
2. Western Pavement Solutions; Brea, CA: $633,652.28
3. American Asphalt South, Inc.; Fontana, CA: $674,681.64
4. Roy Allen Slurry Seal, Inc.; Santa Fe Springs, CA: $912,334.48
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 4 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, however, no local sub-contractors are listed. Therefore, it
is staffs recommendation that Council determine the low bidder has demonstrated
compliance with the Local Business Preference Program.
The low bidder is Pavement Coatings Co., a California corporation, and its officers are:
Doug Ford, President; Richard Gove, Secretary; and Bernard Hale, Treasurer.
002
City Council Staff Report
May 2, 2012 - Page 3
2011/2012 Annual Slurry Seal (CP 11-05)
FISCAL IMPACT:
At the request of the Airport Department, and to accomplish economies of scale on the
bid, a segment of Kirk Douglas was included into the project. Funding for this project is
made available through local Measure A funds in account 134-4498-50100 and in
Airport Fund account 416-6501-50000 (for Kirk Douglas Way).
SUBMITTED: y
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wi)x6n, Asst. City Manager David H. Ready, Ci ager
Attachments:
1. Agreement
003
AGREEMENT
THIS AGREEMENT made this _ day of 2012, 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 Pavement Coatings Co., 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 SLURRY SEAL
CITY PROJECT NO. 11-05
The Work is generally described as follows:
Installation of hot asphalt-rubber sealant material in designated pavement cracks,
installation of asphalt concrete in designated pavement cracks, and construction of Rubber
Polymer Modified Slurry (RPMS); cold milling of existing asphalt concrete pavement and
construction of 1'Yi' Hot Mix Asphalt (Type C2) overlay in designated areas; traffic striping
and markings; and all appurtenant work, on the following streets in Palm Springs:
N. Palm Canyon Drive from Vista Chino to Tahquitz Canyon Way
S. Palm Canyon Drive from Tahquitz Canyon Way to Mesquite Avenue
S. Palm Canyon Drive from El Camino Way to Cantina Way
S. Indian Canyon Drive from Ramon Road to Camino Parocela
Farrell Drive from Vista Chino to Computer Way
Dinah Shore from Gene Autry Trail to Dinah Shore Bridge
Kirk Douglas Way from El Cielo Road to Ramon Road
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 $790 for each
calendar day that expires after the time specified in Article 2, herein. In executing the
Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard
2011/2012 ANNUAL SLURRY SEAL AGREEMENT FORM 004
CITY PROJECT NO.11-05 AGREEMENT AND BONDS-PAGE 1
FEBRUARY2012
Specifications, as modified herein, related to liquidated damages, and has made itself
aware of the actual loss incurred by the City due to the inability to complete the Work
within the time specified in the Notice to Proceed.
ARTICLE 3 --CONTRACT PRICE Bid Schedules A and B; $581,310.76
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 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.
005
2011/2012 ANNUAL SLURRY SEAL AGREEMENT FORM
CITY PROJECT NO.11-05 AGREEMENT AND BONDS-PAGE 2
FEBRUARY 2012
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: 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
006
2011/2012 ANNUAL SLURRY SEAL AGREEMENT FORM
CITY PROJECT NO.11-05 AGREEMENT AND BONDS-PAGE 3
FEBRUARY 2012
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: Pavement Coatings Co. Check one:_Individual_Partnership X Corporation
Address: 10240 San Sevaine Way
Juruoa Valley, CA 91752
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 ❑
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) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are 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 behalf instrument the person(s), or the entity upon 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:
007
2011/2012 ANNUAL SLURRY SEAL AGREEMENT FORM
CITY PROJECT NO. 11-05 AGREEMENT AND BONDS-PAGE 4
FEBRUARY 2012