CC SR 20160719 I - Landslide Rd Maint ExtensionRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/19/2016
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve the first amendment to the agreement
between the City of Rancho Palos Verdes and Hardy & Harper, Inc., for Palos Verdes
Drive South Landslide Road Maintenance.
RECOMMENDED COUNCIL ACTION:
1. Approve the First Amendment to the Agreement; and,
2. Authorize the Mayor and City Clerk to execute the First Amendment to the
Agreement with Hardy & Harper Inc., for Palos Verdes Drive South Landslide
Road Maintenance, and extend the term of the agreement to June 30, 2017.
FISCAL IMPACT: This work is included in the adopted FY16-17 municipal budget.
Amount Budgeted: $538,000
Additional Appropriation: None requested
Account Number(s): 215-3015-431-43-00
ORIGINATED BY: Ron Dragoo, PE, Principal Engineer �s>
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager.'r'•F',�%
ATTACHED SUPPORTING DOCUMENTS:
A. Agreement with Hardy & Harper, Inc. (page A-1)
B. Draft First Amendment to Agreement (page B-1)
BACKGROUND AND DISCUSSION:
This proposed agreement is the first amendment ("First Amendment") to the Palos
Verdes Drive South Landslide Road Maintenance agreement between the City of
Rancho Palos Verdes ("City") and Hardy & Harper, Inc. ("Contractor"), dated October 4,
2011 ("Agreement"). This First Amendment, which is effective July 1, 2016, will extend
the term for one year. There are three extensions available under the Agreement, and
Staff recommends approval of this first extension.
The executed contract value for the base years of this agreement was $2,456,875,
with an annual not -to -exceed amount of $491,375. The potential contract value is
$3,931,000 if all three, one-year options are exercised at the current annual not -to -
exceed amount. The proposed amendment will authorize an annual not -to -exceed
amount of $520,000 which is within the allocated budgeted amount of $538,000.
1
The total expenditure on the five (5) base years of the agreement was $2,446,339,
which is under the budget of the executed contract value of $2,456,875. No work
has been performed under this proposed agreement extension, but it is expected
that the entire amount budgeted for this work in FY16-17 will be expended during
the fiscal year to repair Palos Verdes Drive South with the active landslide area.
The prices bid to perform this work in 2011 were very competitive, and Hardy and
Harper has agreed to maintain those prices for an additional year in exchange for a
one year extension of the contract. Staff has fine-tuned the budgeted estimate by
evaluating the quantities of materials used to make repairs to the roadway through
the landslide through this contract, and determined $520,000 is adequate to
complete anticipated repairs this fiscal year. Increasing the dollar amount of this
contract to allow additional materials to be placed from $491,375 to $520,000
should ensure the anticipated repairs are adequately funded. Staff has evaluated
the quality of service provided by Hardy & Harper, Inc. and found it to be excellent.
In addition, the company has demonstrated a willingness to immediately address
any noted deficiencies in work performed and is flexible in addressing community
needs. Staff recommends approval of the First Amendment to the Agreement with
Hardy & Harper, Inc., which will extend the term for one year, through June 30,
2017. The approved FY16-17 budget provides adequate funding for the Staff
recommendations. The funding source for the contract is within the "Infrastructure
Improvements Department, Proposition C" budget program of approved budget.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
Direct staff to advertise the project and receive proposals at current
construction rates for the work. Staff does not recommend this alternative.
The current pricing is based on bids received in 2011 and which appear to
be lower than the current prices being bid on other projects with similar
work items. As such, there is uncertainty as to whether or not a better (or
lower) cost would be bid.
2
Attachment A
Agreement
Hardy & Harper, Inc.
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
Palos Verdes Drive South Landslide Road Maintenance
THIS AGREEMENT is made and entered this 4th day of October, 2011 by and between the CITY OF RANCHO
PALOS VERDES, hereinafter referred to as "City" and Hardy and Harper, Inc., hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this
reference, and
WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, including the
Proposal, arid
WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility;
NOW, THEREFORE, the parties hereto do agree as follows:
Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials
for the project identified as: Palos Verdes Drive South Landslide Road Maintenance, as described in these
Plans and Specifications, attached hereto and incorporated herein by this reference, including miscellaneous
appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as
stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint
Cooperative Committee, Southern California Chapters of the American Public Works Association and the
Associated General Contractors of America, document entitled "Standard Specifications" or as specifically
designated in the Plans and Specifications. In the event of any conflict between the terms of this agreement
and any of the above -referenced documents, the terms of this agreement shall be controlling. The term of this
contract shall begin December 1, 2011 and continue through June 30, 2016 with up to three (3) mutually
agreed one (1) year extensions.
2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid according to the
prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of these Plans and Specifications
and in accordance with the Special Provisions.
Independent Contractor. It is specifically understood and agreed by all parties hereto that Contractor is, for the
purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly,
Contractor shall not be deemed the City's employee for any purpose whatsoever. Contractor shall not incur or
have the power to incur any debt, obligation or liability whatever for or against City.
4. Assignment. This agreement may not be assigned by Contractor, in whole or in part, without the prior written
consent of City.
Termination. This Agreement may be canceled by City at any time without penalty upon thirty (30) days'
written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services
rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered
hereunder.
C-1 A-1
6. Worker's Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In accordance with the
provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
7. General Rate of Per Diem Wages. Pursuant to the Labor Code of the State of California, the Director of
Industrial Relations has determined the general prevailing rate of wages and employer payments for health and
welfare, vacation, pension and similar purposes applicable to the work to be done. This rate and scale are on
file with the Director of Public Works and copies will be made available to any interested party on request.
The Contractor to whom the contract is awarded, and the subcontractors under him must pay not less than these
rates for this area to all workers employed in the execution of this contract.
This contract is subject to the provision of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of
the California Public Contract Code regarding the resolution of public works claims of less than $375,000.
Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the
contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer
conference upon the request of the contractor, for mandatory non-binding mediation in the event of litigation is
commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation.
This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
8. Suit, Recovery of Attorney Fees & Costs. Should either party bring any action to protect or enforce its rights
hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its
reasonable attorneys fees and court costs.
9. Price Adjustments. The unit prices listed in the proposal sheets shall be applicable for the period from
December 1, 2011 through June 30, 2016. Each July 1 the prices shall be increased by the Producer Price
Index for Finished Goods for Los Angeles.
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.
CITY OF RA UHOYALOS VERDES
IM
Chairman
ATTEST: C /
Ci Jerk T
CONT •Hard Ha r
By:
Steve Kirschner, Vice President
C-2
A-2
r
7
CITY OF RANCHO PALOS VERDES
BID SHEET
NAME OF COMPANY: Hardy & Harper, Inc.
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract
to furnish all labor, materials, equipment and supplies for the project identified as Palos Verdes Drive
South Landslide Road Maintenance in accordance with the specifications and plans in the Contract
Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos
Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices:
Palos Verdes Drive South Landslide Road Maintenance
Bid Sheet Type One Items of Work
ITEM ESTIMATED UNIT EXTENDED
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1-1
4" Asphalt remove and
5,500
SF
4.90
26,950.00
reconstruct per location
1 — 500 SF
Per additional inch in depth of
2,000
SF
1.00
2,000.00
asphalt removal and
replacement 1— 500 SF
1-2
4" Asphalt remove and
reconstruct per location
5,500
SF
4.10
22,550.00
501-1000 SF
Per additional inch in depth of
2,000
SF
1.00
2 , 000.00
asphalt removal and
replacement 501 — 1,000 SF
1-3
4" Asphalt remove and
5,500
SF
3.60
19 , 8 0 0. 0 0
reconstruct per location
1,001-2,000 SF
Per additional inch in depth of
2,000
SF
1.00
2,000.00
asphalt removal and
rqplacement 1,001 — 2,000 SF
1-4
4" Asphalt remove and
reconstruct per location
4,000
SF
3.00
12,000.00
(>2,000 SF
Per additional inch in depth of
1,000
SF
2.00
2,000.00
asphalt removal and
r lacement >2,000 SF
1-5
AC Cold Milling less than 3"
15,000
SF
I 1'00
5,000.00
AC Fill less than 3"
5,000
SF13.30
16 , 5 0 0.0 0
P-3
A-3
ITEM
NO. DESCRIPTION
ESTIMATED UNIT EXTENDED
QUANT.I,TY UNIT PRICE AMOUNT
1-6
AC Cold Milling greater. than.
3 "to 6"
5,000
SF
1,00_
51000.00
AC Fill Freater than 3"to 6"
5,000
SF
4.30
21,500-00
1-7
AC Cold Milling greater. than
611to 8"
3,500
SF
1.40
4,900.00
AC Fill Eeater than. 6"to 8"
3,500
SF
5.00
17,500.00
1-8
AC Cold Milling greater than
85,to 10"
3,500
SF
2,00
7,000-00
AC rill greater than 8"to 10"
3,500
SF
6.30
22,050-00
1-9
AC Cold h• Pli.ng greater than
1,0"to 1.2"
3,500
SF
2.80
9,800.00
AC rill greater than 12"
3,500
SF
7.00
24,500.00
1-10
Skin. Patching
Up to 2"
50,000
SF
2.10
105,000-00
1-11
Traffic Striping & Raised
Pavement Markers
8
EA
2, 5 0 0. C
0
20,000-00
1-1.2
Full, day flagging operation
8
EA
1,800.
0 14,400-00
1-13
Half day fla.gging operation.
8
E,4
9 0 0.0 C
7,200.00
1-14
Changeable Message Sign.
5
EA
150.0 C
750.00
1-15
Flmvable Fill (sand/concrete
Slurry)
20
YD
50.0(
1,000.00
Subtotal Type One WorK-
371,400.00
P -4R
&m"
Bid Sheet Type Two Items of Work
ITEM ESTIMATE PRICE EXTENDED
NO DF.SCRTPTIC)N nUANTITY UNIT UNIT AMOUNT
2-1
Laborer
200
Hours
15,000-00
2-2
Backhoe with operator
100
Hours
100.00
10,000.00
2-3
Roller with operator
40
Hours
2-4
Skip loader with operator
200
Hours
110.00
22,000.00
2-5
Laborer with Dump Truck
160
Hours
90-00
14
2-6
Sidewalk Grinding Crew
200
Hours
20.00
4 000.00
2-7
Bobcat with operator
75
Hours
100.00
7,500.00
2-8
Bobcat with operator and
grinder
50
Hours
110.00
5,500-00
2-9
Sawcut Truck with
operator
100
Hours
100.00
10 , 0 0 0. 0 0
2-10
Paving machine with
Operator
50
Hours
1
50000
'
2-11
Screed Operator
50
Hours
25 00
4,250.00
2-12
Forman
100
Hours
85.00
8,500.00
2-13
Vacuum Sweeper
25
Hours
-125.00
7, 1 25. 00
2-14
Pickup Truck
10
Dail
200-00
2,000.00
2-15
Crew Truck
10
Daily
200.00
2,000.00
2-16
Compressor with 901b
hammer
20
Hours
20.00
400.00
Subtotal Type Two Work
19,975.00
P-5
M
7
c
Summary of Work
Total Base Bid Amount in Words:
Four Hrndred Ninety One Thousand Three Hundred Seventy Five Dollars
and No Cents
7
C
rM NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are
to be used only as a comparison of bids. Payment for quantities will be made from field
measurements. If the actual quantities show either and increase of decrease form the
quantities given in the Proposal Bid Sheets, the Contract Unit Prices will prevail. Increases
or decreases in quantities shall not be subject to Section 3-2 of the Standard Specifications.
Full compensation will be paid at the contract price for the actual work completed, and no
additional compensations will be allowed therefore. Payment will not be made for
materials wasted or disposed of in a manner not called for under the Contract; this
►'' includes rejected material not unloaded from vehicles and material rejected after it has
been placed. No compensation will be allowed for disposing of rejected or excess material.
The City reserves the right to reject all bids and to increase or decrease the amount of any
quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price
and the totals shown by the bidder, the unit price will be considered to be the correct bid.
The remainder of this page has intentionally been left blank
t
F P-6
MO
Subtotal Type One Work
371,400.00
Subtotal Type Two Work
119 , 975.00
Total Base Bid Amount
491,375.00
Total Base Bid Amount in Words:
Four Hrndred Ninety One Thousand Three Hundred Seventy Five Dollars
and No Cents
7
C
rM NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are
to be used only as a comparison of bids. Payment for quantities will be made from field
measurements. If the actual quantities show either and increase of decrease form the
quantities given in the Proposal Bid Sheets, the Contract Unit Prices will prevail. Increases
or decreases in quantities shall not be subject to Section 3-2 of the Standard Specifications.
Full compensation will be paid at the contract price for the actual work completed, and no
additional compensations will be allowed therefore. Payment will not be made for
materials wasted or disposed of in a manner not called for under the Contract; this
►'' includes rejected material not unloaded from vehicles and material rejected after it has
been placed. No compensation will be allowed for disposing of rejected or excess material.
The City reserves the right to reject all bids and to increase or decrease the amount of any
quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price
and the totals shown by the bidder, the unit price will be considered to be the correct bid.
The remainder of this page has intentionally been left blank
t
F P-6
MO
Attachment 6
Draft
First Amendment to Agreement
FIRST AMENDMENT TO AGREEMENT FOR
MAINTENANCE SERVICES FOR PALOS VERDES DRIVE SOUTH LANDSLIDE
ROAD MAINTENANCE
BETWEEN THE CITY OF RANCHO PALOS VERDES
AND HARDY AND HARPER, INC.
This agreement is the First Amendment to the Palos Verdes Drive South Landslide
Road Maintenance agreement between the City of Rancho Palos Verdes ("City") and
Hardy and Harper Inc. ("Contractor") dated October 4, 2011 ("Agreement"). This First
Amendment to the Agreement is effective as of July 1, 2016 and is being made to extend
the term of the Agreement for one year.
Section 1. A new section, Section 10 is hereby added to the agreement and
reads as follows:
"Term. This Agreement shall commence on October 4, 2011, and shall remain in
effect until the tasks described herein are completed to the City's satisfaction and
approval, but in no event later than June 30, 2017, unless sooner terminated pursuant
to Section 5 of this Agreement. Additionally, there shall be two (2) one-year options to
renew the Agreement with the mutual written consent of both parties. If not renewed
prior to the anniversary date, the Agreement may continue on a month to month basis
under the same terms and conditions as this Agreement for a maximum period not to
exceed six (6) months or until renewed or awarded to a new contractor, whichever is
less."
Section 2. Section 2 of the Agreement is hereby amended to read as follows:
"Compensation. In consideration of the services rendered hereunder, City shall
pay Contractor a not to exceed amount of Five Hundred Twenty Thousand dollars
($520,000) in accordance with the prices as submitted in Contractor's Proposal,
attached hereto as Exhibit "A" and incorporated herein by this reference."
Section 3. Except as expressly amended by this First Amendment to the
Agreement, all of the other provisions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment as of the date and year first above written.
ATTEST:
-31
City Clerk
CITY OF RANCHO PALOS VERDES
("CITY")
Mayor
HARDY AND HARPER INC.
Signature:
Printed Name: Steve Kirschner
Title: Vice President
Signature:
Printed Name: Kristen Paulino
Title: Corporate Secreta