CC SR 20170502 G - Hardy & Harper Contract Amendment Roadway MaintenanceRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 05/02/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action authorizing an amendment to the Roadway
Maintenance Contract agreement with Hardy & Harper, Inc.
RECOMMENDED COUNCIL ACTION:
(1) Authorize Amendment No. 1 to the Roadway Maintenance Contract with Hardy &
Harper, Inc. to increase the contract by $137,000.
FISCAL IMPACT: The additional budget appropriation was approved on April 4, 2017,
so there will be no additional fiscal impact associated with this action.
Amount Budgeted: $382,000
Additional Appropriation: N/A
Account Number(s): 202-400-3170-5201
ORIGINATED BY: Nadia Carrasco, Assistant Engineer
REVIEWED BY: Terry Rodrigue, PE, Interim Director of Public Works j
APPROVED BY: Doug Willmore, City Manage(/{'✓7,
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No.1 to the Roadway Maintenance Agreement with Hardy &
Harper, Inc. (page A-1)
B. Staff Report from April 4, 2017, approving additional appropriation (page
B-1)
BACKGROUND AND DISCUSSION:
On April 4, 2017, the City Council approved an additional appropriation in the amount of
$137,000 to the Maintenance Services Budget (202-400-3170-5201) for FY16-17.
However an amendment to the contract to provide for increasing the contract was not
brought before City Council at that time. As described in detail in the April 4, 2017
agenda report (Attachment B), the initial $245,000 budget allocated for FY16-17
contract was impacted by the extra work Hardy & Harper, Inc. performed during the
recent winter storm events. Funds required to perform the real-time cleanup work came
from this budget, which resulted in inadequate funding for the remainder of the fiscal
year for the City's normal roadway maintenance and repairs.
The 5 -year contract with Hardy & Harper, Inc. has a total value of $1,225,000 ($245,000
per year) and although we are in year one, Amendment No. 1 will increase the overall
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value of the contract by $137,000 to a total of $1,362,000. The table below depicts the
budget approved for this fiscal year.
Roadway Maintenance Contract FY16-17
Initial Budget for FY16-17
$ 245,000
Additional Appropriation Approved by City
Council on April 4, 2017
$ 137,000
Approved Budget Amount for FY16-17
$ 382,000
Staff recommends the City Council approve Amendment No. 1 to increase the Hardy &
Harper, Inc. 5 -year contract for roadway maintenance services by $137,000
(Attachment A). This will provide City Staff with the resources to continue with normal
contract operations and to complete the remaining roadway maintenance and repairs,
and cleanup caused by the recent winter storms.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council's consideration:
Discuss other options that may be appropriate.
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and Hardy
& Harper Inc. ("Contractor") is effective as of the 2nd day of May, 2017.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services
dated September 6, 2016 ("Agreement") whereby Contractor agreed to provide Roadway
Maintenance Services for the project entitled Roadway Maintenance Contract FY 2016-2017
Through FY 2020-2021.
B. City and Contractor now desire to amend the Agreement to increase the not -to -exceed
amount for Fiscal Year 2016-2017 to $382,000, and thereby increase the Contract Sum to
$1,362,000.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (new text is
identified in bold italics, deleted text in*rike *''rouRh).
(a) Section 2.1, Contract Sum, is hereby amended to read as follows:
"Subject to any limitations set forth in this Agreement, City agrees to pay Contractor
the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit
"C" and incorporated herein by this reference. The total compensation, including
reimbursement for actual expenses shall not exceed One Million Two Hundred-a*d
One Million Three Hundred and
Sixty -Two Thousand Dollars ($1,362,000) (the "Contract Sum"), unless additional
compensation is approved pursuant to Section 1.10."
(b) Section VI. of Exhibit "C", Schedule of Compensation, is hereby amended to
read as follows:
"VI. The total compensation for fiscal year 2016-2017, ending June 30, 2017, shall
not exceed $245,000 $382,000. The total compensation for the full term of the
Agreement shall not exceed $1,225,000 $1,362,000, as provided in Section 2.1 of the
Agreement."
2. Continuing Effect of Agreement. Except as amended by this Agreement, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after the
date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean
the Agreement, as amended by this Amendment to the Agreement.
A-1
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been no
written or oral modifications to the Agreement other than as provided herein. Each party represents
and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is not
in default of any material term of the Agreement and that there have been no events that, with the
passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment, Contractor
is not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does
not violate any provision of any other Agreement to which said party is bound.
01203.0006/368768.1
[SIGNATURES ON FOLLOWING PAGE]
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A-2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first -above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Dave Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Brian Campbell, Mayor
CONTRACTOR:
HARDY & HARPER INC.
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
01203.0006/368768.1
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A-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF XXXX )
On
before me,
Date Here Insert Name and Title of Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
01203.0006/368768.1
A-4
RANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 04/04/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action authorizing a change order to increase the contract
limit with Hardy & Harper, Inc. for FY16-17 and appropriate funds to cover expenditures
incurred from the recent winter storms.
RECOMMENDED COUNCIL ACTION:
(1) Authorize an increase of $137,000 to the Roadway Maintenance Contract FY16-
17 with Hardy & Harper, Inc. to accommodate the additional work associated with
the recent winter storms.
FISCAL IMPACT: An additional appropriation of $137,000 is recommended to offset
the cost of storm related repairs and allow consumption of routine maintenance
activities.
Amount Budgeted: $245,000
Additional Appropriation: $137,000
Account Number(s): 202-3002-431-43-00
ORIGINATED BY: Nadia Carrasco, Assistant Engineer
REVIEWED BY: Michael Throne, PE, Director of Public Works�j
APPROVED BY: Doug Willmore, City ManagerA�fn.
ATTACHED SUPPORTING DOCUMENTS:
A. Winter Storms Photos (page A-1)
BACKGROUND AND DISCUSSION:
To ensure continuity of operations during the recent unusual rain events, contract
maintenance crews were assigned additional clean-up duties needed for the
uninterrupted use of public roadways and facilities. Storm related expenses included
preparation and staging of material and equipment, urgent repairs to facilities, and after -
the -fact repair and restoration work. However, the winter storms required work that
exceeded the estimated effort that was budgeted for roadway maintenance and repairs.
Public Works used Hardy & Harper, our roadway maintenance contractor, during the
winter storm events for the activities described above by ordering extra work under the
current roadway maintenance agreement. Hardy & Harper's crews have the
knowledge, expertise and experience over the course of many years of storm events to
be highly effective in taking care of known areas of flooding and earth slides with
minimal direction from Public Works personnel.
The storm event work and expected continuing cleanup activities require $137,000 of
additional funding to be provided so that planned maintenance through the end of the
fiscal year can be performed by the Hardy & Harper roadway maintenance agreement.
The following table depicts planned and anticipated expenditures for pavement
maintenance services.
Public Works Street Pavement Maintenance —
Maintenance Services Line Item
Roadway Maintenance Services (Hardy
$ 235,000
& Harper)
Inspection Services Related to
10,000
Roadway Maintenance (Sunbeam)
Adopted FY16-17 Roadway
$245,000
Maintenance Budget
EXPENDITURES
Maintenance Services Completed and
$ 235,000
Planned for FY16-17 (Hardy & Harper
Inspection Services (Sunbeam)
10,000
Storm Related Expenses
(Recommended Appropriation and
$ 137,000
Increase to Hardy & Harper Agreement)
Recommended New Budget Amount
$ 382,000
Some of the major storm related expenditures incurred include placement of K -rail on
Crenshaw Boulevard across from St. John Fisher Church, debris/mud clean-up, crack -
filling and pot hole repairs on various roads, storm drain clean-up including the San
Ramon Canyon inlet, storm watch standby on the Palos Verdes Drive East switchbacks,
among others. These costs totaled $92,000. Staff estimates that an additional $45,000
is needed to complete remaining repairs and cleanup. Some of the repair work that has
not been completed incudes cleanout of the Via Colinita detention basin and
reestablishment of the drainage system; repairs to the drainage system at St. John
Fisher Church; repairs to the slope adjacent to the landslide roadway at Sacred Cove.
The City has also incurred costs for services provided under other City contracts with
West Coast Arborist, EDCO, and Stay Green Inc., among others, due to their extra
assistance during the winter. These costs will not be fully compiled until late April when
the impacts and effects to our street and park tree system can be completely assessed
and evaluated.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council's consideration:
Issue a request for bids to perform the remaining fiscal year's roadway
maintenance work in lieu of increasing the Hardy & Harper contract.
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