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Date: February 2, 2011
Subject: AWARD OF CONTRACT FOR THE 2010/2011 ANNUAL ASPHALT
OVERLAY, CITY PROJECT 10-08
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 $1,345,000.00 with Hardy &
Harper, Inc., a California corporation, for the 2010/2011 Annual Overlay, City
Project 10-08; 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 generally include the residential streets within Section 11 (the residential
area between N. Indian Canyon Dr. and Sunrise Way, from Vista Chino to Alejo Road),
and other selected streets located in Las Palmas and other locations based on their
overall pavement condition index. A complete listing of streets and maps of these areas
are included in Attachment 1.
The plans and specifications were prepared by Department staff, and on December 1,
2010, the City Council approved the plans and specifications and authorized
construction bidding. On December 4 and 11, 2010, the project was advertised for bids,
ITEM NO.
City Council Staff Report
February 2, 2011 - Page 2
2010/2011 Annual Overlay (CP 10-08)
and at 4:00 p.m. on January 11, 2011, the Procurement and Contracting Division
received construction bids from the following contractors:
1. Hardy & Harper, Inc., Santa Ana, CA; Bid: $1,345,000
2. Cooley Construction, Inc., Hesperia, CA; Bid: $1,349,111,11
3. Matich Corporation, San Bernardino, CA; Bid: $1,490,000
4. Skanska USA Civil West California District, Inc., Riverside, CA; Bid: $1,492,665
5. Granite Construction Co., Indio, CA; Bid: $1,504,504
6. Vance Corporation, Rialto, CA; Bid: $1,610,400
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 6 bids received, 1 is from a prime contractor located
within the Coachella Valley, (Granite Construction); however, their bid ranked fifth out of
the six bids received. Generally, the work sub-contracted in this project consisted of 5
trades: cold-milling existing pavement, crack-sealing repairs, pavement fabric,
adjustment of utilities, and traffic striping work (some bidders listed less sub-contracted
work, and some listed more). Of the 4 sub-contracted firms listed by the lowest bidder,
none are local firms. However, the low bidder (and all other bidders) completed the
required Local Business Preference Program Good Faith Efforts form included in the
Bid Documents. Three of the bidders (#2 — Cooley Construction, #3 — Matich Corp.,
and #6 — Vance Corp.) listed 1 local firm for sub-contracted work (Cooley Construction
listed Archuleta Construction [Bermuda Dunes] for concrete work; Matich Corp. and
Vance Corp. each listed JP Striping [Beaumont] for traffic striping work). The other
three bidders did not list local firms for sub-contracted work, and all 6 bidders indicated
sub-contracted work for this project. Given the low bidder's submission of the required
Local Business Preference Program Good Faith Efforts form, staff recommends that the
City Council determine that the lowest bidder has complied with the Local Business
Preference Program, or otherwise waive any informality of compliance with the Local
Business Preference Program, and award to the lowest, responsive bid received from
Hardy & Harper, Inc.
The Engineer's estimate for this project was $1,400,000. The company is a California
corporation, and its principal officers are Fred Maas, Jr., President/Treasurer; Dan
Maas, CEO; Steve Kirschner, Vice President; and Kristen Paulino, Secretary.
a.�
City Council Staff Report
February 2, 2011 - Page 3
2010/2011 Annual Overlay (CP 10-08)
FISCAL IMPACT:
Funding for this project is made available through local Measure A funds in account
134-4498-50225; Proposition 42 funds in account 133-4298-50292, and 2009/2010
Traffic Congestion Relief Funds in account 133-4298-50295.
Expenditures to encumber the contract will be made as follows:
133-4298-50292: $470,542
133-4298-50295: $431,559.92
134-4498-50225: $442,898.08
SUBMITTED:
Prepared by: Recommended by:
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wils , Asst. City Manager David H. Ready, Cit ger
Attachments-
1. Street Listing and Maps
2. Agreement
1044070 CRESCENT DRIVE VIA MONTE VISTA PATENCIO ROAD 36 436 15,696 SF
1044075 PATENCIQ ROAD CRESCENT DRIVE CHINO DRIVE 27 276 7,452 SF
1044085 VINE AVENUE ALEJO ROAD CHINO DR 36 327 11,772 SF
1044365 PATENCIQ ROAD CANYON PLACE CRESCENT DRIVE 26 915 23,790 SF
1044380 MOUNTAIN VIEW PLACE MISSION ROAD PRESCOTT DR 46 654 36,837 SF
1044390 CAHUILLA ROAD ALEJO ROAD CHINO DR 31 249 7,902 SF
1044395 CAHUILLA ROAD CHINO DR MERITO PLACE 30 669 21,870 SF
1044400 BELARDO ROAD MERITO PLACE CHINO DR 28 684 17,082 SF
1044405 BELARDO ROAD CHINO DR ALEJO ROAD 31 246 7,626 SF
1044435 PRESCOTT DR MERITO PLACE HERMOSA PLACE 35 1,075 41,049 SF
1044440 PRESCOTT DR MERITO PLACE PRESCOTT DR 20 487 12,438 SF
1044450 EL ALAMEDA PRESCOTT DRIVE N PALM CANYON DRIVE 28 29S 8,487 SF
1144060 TAMARISK ROAD SUNRISE WAY AVENIDA CABALLEROS 26 2,585 68,652 SF
1144070 TAMARISK ROAD VIA MIRALESTE INDIAN CANYON DR 31 1,275 39,525 SF
1144075 CHUCKWALLA ROAD CHAPARRAL ROAD VIA MIRALESTE 36 1,277 45,972 SF
1144126 CHAPARRAL ROAD COTTONWOOD ROAD CHUCKWALL ROAD 32 200 6,367 SF
1144130 MIRALESTE COURT VIA MIRALESTE W END 24 335 10,296 SF
1144135 MEL AVENUE AVENIDA CABALLEROS VIA MIRALESTE 37 1,263 46,731 SF
1144145 CAMINO MONTE VISTA INDIAN CANYON DR AVENIDA PALOS VERDES 33 600 18,000 SF
1144195 CALLE MARCUS PASEO EL MIRADOR TACHEVAH DR 22 744 16,368 SF
1144200 CALLE ROLPH TACHEVAH DR PASEL EL MIRADOR 21 741 15,561 SF
1144210 CHIA ROAD PASEO DE ANZA SUNRISE WAY 36 607 21,852 SF
1144215 MEL AVENUE PASEO DE ANZA SUNRISE WAY 22 607 13,716 SF
1144220 PASATIEMPO ROAD PASEO EL MIRADOR PASEO EL MIRADOR 33 1,778 59,571 SF
1144265 MAY DR TACHEVAH DR N END 31 627 17,010 SF
1144270 ASHER DR TACHEVAH DR N END 20 628 12,560 SF
1144275 VEREDA SUR ASHER DR VIA MIRALESTE 25 786 19,650 SF
1144290 ARQUILLA ROAD TACHEVAH DR TAMARISK ROAD 37 1,200 43,497 SF
1144295 ARQUILLA ROAD TAMARISK ROAD ALEJO ROAD 37 1,279 47,323 SF
1144340 EL ALEMEDA AVENIDA CABALLEROS ARQUILLA ROAD 37 605 22,385 SF
1144345 EL ALEMEDA ARQUILLA ROAD HERMOSA DR 37 621 22,977 SF
1144350 ELALEMEDA HERMOSA DR PASEO DEANZA 37 619 22,903 SF
1144355 EL ALEMEDA PASEO DE ANZA SUNRISE WAY 37 614 22,718 SF
1144370 PASEO DE ANZA TACHEVAH DR TAMARISK ROAD 37 1,290 46,827 SF
1144485 PHILLIPS ROAD ALEJO ROAD N END 32 396 13,347 SF
1144500 PHILLIPS ROAD GRANVIA VALMONTE TAMARISK ROAD 33 626 21,330 SF
1144505 TAMARISK LANE TAMARISK ROAD SEND 25 298 7,450 SF
1144525 AVENIDA PALMAS TAMARISK ROAD VIA EYTEL 25 959 24,246 SF
1144541 AVENIDA OLIVOS 320'S.OF TACHEVAH TACHEVAH DR 32 320 12,153 SF
1144545 EL ALEMEDA INDIAN CANYON DR AVENIDA OLIVOS 33 293 10,926 SF
1144550 EL ALEMEDA AVENIDA OLIVOS AVENIDA PALOS VERDES 34 292 9,928 SF
1344060 BARISTO ROAD CIVIC DR EL CIELO ROAD 60 644 38,640 SF
1344175 HELENA CIRCLE ANDREAS ROAD N END 50 121 5,562 SF
1344180 LESLIE CIRCLE ANDREAS ROAD N END 50 123 6,003 SF
1344185 LYN CIRCLE ANDREAS ROAD N END 50 123 5,994 SF
1344190 JILL CIRCLE ANDREAS ROAD N END 50 123 5,994 SF
1544040 ALEJO ROAD PALM CANYON DR VINE AVENUE 33 1,520 55,917 SF
1945265 VELLA ROAD MESQUITE AVENUE SEND 36 415 12,312 SF
2344165 CAMINO REAL CALLE PALO FIERRO SONORA ROAD 49 510 23,192 SF
2344560 SONORA ROAD CAMINO REAL CALLE PALO FIERRO 25 514 13,212 SF
2344565 SONORA ROAD CALLE PALO FIERRO VIA SOLEDAD 28 858 25,371 SF
2344570 SONORA ROAD VIA SOLEDAD 5 PALM CANYON DR 36 430 15,795 SF
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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 Hardy & Harper, Inc., 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:
2010/2011 ANNUAL ASPHALT OVERLAY
CITY PROJECT NO. 10-08
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 pavement reinforcing fabric; construction of 1'/2 inch asphalt concrete
overlay; 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 $5,250.00 for each calendar day that expires after the time specified in
Article 2, herein.
2010/2011 ANNUAL ASPHALT OVERLAY 10
CITY PROJECT NO. 10-08 AGREEMENT FORM
December 1,2010 AGREEMENT AND BONDS-PAGE 1
ARTICLE 3 -- CONTRACT PRICE $1,345,000
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.
1 .t.
2010/2011 ANNUAL ASPHALT OVERLAY
CITY PROJECT NO. 10-08 AGREEMENT FORM
December 1,2010 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.
APPROVED BY THE CITY COUNCIL:
ATTEST:
CITY OF PALM SPRINGS,
CALIFORNIA Date
By Agreement No.
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
2010/2011 ANNUAL ASPHALT OVERLAY 12
CITY PROJECT NO. 10-08 AGREEMENT FORM
December 1,2010 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: Hardy&Harper, Inc. Check one: Individual_Partnership X Corporation
Address: 1312 E.Warner Ave.
Santa Ana CA 92705
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 LISS 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:
2010/2011 ANNUAL ASPHALT OVERLAY
CITY PROJECT NO. 10-08 AGREEMENT FO
December 1,2010 AGREEMENT AND BONDS-PAGE 4