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HomeMy WebLinkAbout2/2/2011 - STAFF REPORTS - 5.B. -k W,p A L M sA'A �y v u+ Qk'ORAlto rA`lpolwo�, City Council Staff Re ort 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 CITY OF PALM SPRINO SECTION 1,0 T4$ OM A ;ST-A . 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IiIA'--'`VISTA OR WASTEWATERS� `\V KN \ GOLF M `;� s TREATMENT ENT PLANT MARTIN: CIR r �; C CANON WAy %C O U R S E " \ i F , ANZUILO TORITa TA Q U C1R CIR. COBA f DR CITY Cif PAi .� � �( RAMON J RCS 1�( 1 f D CD t ' PAROtU M • ,1, p, a .. { ,. 3 ,; g F DUNES. ........ SUNNY ",DUNES ee �. r 3Yr , y 71d AL f'L /, A .......... y UITZ 3; SAN' LORF Rom-- -SAW LORENZa R4A� MESQUITE. NO ':ITE tIE y FPXO VERDE AVE, � CACTUS'AVE � aCa LLa AVE-NuE OCOTILLO AVE t , a- aRaa ROAD �. N SONaRA E AVD PALMERA µ- 'ROAD CO. E AVQ HOKONA DEEPWELL ROAD E AVC7 N AVa OONCLtA; ,� LLJ OLANCHA SIMIAN IN PALM" ET fi , ORTECA DRNE. t F PALM CANYON DR E PALM CANYON DR 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