RPVCCA_CC_SR_2014_08_19_H_Hardy_and_Harper_Roadway_Maintenance_AmendmentCrTYOF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS "ii()
AUGUST 19, 2014
APPROVE THE FIRST AMENDMENT TO THE
AGREEMENT WITH HARDY AND HARPER, INC., FOR
ROADWAY MAINTENANCE (SUPPORTS 2014 CITY
COUNCIL GOAL #4: GOVERNMENT EFFICIENCY,
ACCOUNTABILITY, FISCAL CONTROL,
TRANSPARENCY, AND OVERSIGHT)
CAROLYNN PETRU, ACTING CITY MANAGER~
Project Manager: Melissa Countryman, Associate Engineer ('(IAV
RECOMMENDATION
1. Approve the first amendment to the agreement for one fiscal year extension
retroactively effective July 1, 2014, to June 30, 2015, with Hardy and Harper,
Inc., for roadway maintenance services.
2. Authorize the Mayor and City Clerk to execute the first amendment to the
agreement with Hardy and Harper Inc., for roadway maintenance services.
BACKGROUND
The City Council awarded a Maintenance Contract to Hardy and Harper, Inc. in May 2009
forthe purpose of providing roadway maintenance services. Some of the services included
in this contract are:
• Patching potholes
• Storm drain inlet and outlet maintenance
• Sidewalk maintenance
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The original contract had an initial term of five years with the option for the City and
Contractor to extend the Agreement three times beyond the initial term of the contract one
year at a time based on a mutual, written agreement. Accordingly, the original contract
expired on June 30, 2014 and Staff is recommending extending the contract for an
additional one year period ending June 30, 2015.
DISCUSSION
In October 2011, City Council awarded a separate contract to Hardy and Harper, Inc. for
the performance of roadway repair work within the landslide area on Palos Verdes Drive
South, since repair methods needed in that specific area had changed due to the unique
characteristics of the landslide area. So from that point forward, the landslide roadway
repair work was no longer performed as part of this roadway maintenance contract that
was awarded in May 2009. Therefore, this adjustment to the contract scope of services is
noted in this first amendment to the contract, in addition to the one-year extension to the
term of the agreement. Accordingly, this contract will continue to be used for roadway
maintenance for all other City-maintained public streets outside of the landslide roadway
repair area.
CONCLUSIONS
Hardy and Harper, lnc.'s roadway maintenance prices are acceptable and have not
increased since the City executed the roadway maintenance contract in 2009. The quality
of the work they perform is outstanding, and the timeliness of the service they provide is
exceptional. Accordingly, Staff recommends the approval of the first amendment in
accordance with the current agreement.
Staff requests the City Council to approve the first amendment to Hardy and Harper, Inc.
for roadway maintenance services which will extend the original agreement period to June
30, 2015; and Staff requests the City Council authorize the Mayor and City Clerk to
execute the first amendment to the agreement with Hardy and Harper, Inc., for roadway
maintenance services.
ALTERNATIVE ACTION
Request Staff to advertise this contract to receive new bids. Staff does not believe that
advertising will result in lower prices. Furthermore, advertising this contract will cause
significant delay in the performance of roadway repair work.
FISCAL IMPACT
The proposed FY14-15 roadway maintenance services budget expenditure of $245,000 is
included in the FY14-15 budget. The funding source for this contract is included in Street
Maintenance-Non Pavement Budget Program.
Attachments:
Attachment A) Hardy and Harper Contract for Roadway Maintenance FY09-10
through FY13-14
Attachment 8) First Amendment to Agreement with Hardy and Harper for Roadway
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ATTACHMENT A
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f.
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
Roadway Maintenance for Fiscal Years 2009 -2010 through 2013-2014
THIS AGREEMENT is made and entered this ).J1J day of May, 2009, by and between the CITY OF
RANCHO PALOS VERDES, hereinafter referred to as "City" and Hardy & 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, and
WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility;
NOW, THEREFORE, the parties hereto do agree as follows:
1. Scope of Services. City hereby employs Contractor to perfonn the work and provide the services and materials
for the project identified as: Roadway Maintenance for Fiscal Years 2009 -2010 through 2013-2014, 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." 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 be five (5) years 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.
3. Indc:jpendent 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.
5. 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.
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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 3100 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 ofless 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 July 1,
2009 through June 30, 2010. 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.
::OF~~
Chairman
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ATTACHMENT B
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First Amendment to Agreement between
The City of Rancho Palos Verdes
and Hardy and Harper, Inc.
This agreement is the first amendment to the Roadway Maintenance Project
between the City of Rancho Palos Verdes ("CITY") and Hardy and Harper, Inc.
("CONTRACTOR"), dated May 5, 2009 ("Agreement"). This first amendment is
retroactively effective as of July 1, 2014, and is being made to extend the term of the
Agreement for one fiscal year.
Section 1 . Section 1 of the Agreement is hereby amended to read as follows:
"Scope of Services. City hereby employs Contractor to perform the work and
provide t~e services and materials for the project identified as: Roadway Maintenance for
Fiscal Years 2009-2010 through 2013-2014, as described in these Plans and
Specifications, incorporated herein by this reference, including miscellaneous appurtenant
work. As of July 1, 2014, any portion of the incorporated Plans and Specifications
. regarding roadway repair work in the landslide area on Palos Verdes Drive South is omitted
from the scope of service for this Agreement, and Contractor shall no longer complete that
particular work under this Agreement. All work completed under this Agreement 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 2009 edition of The Standard
Specifications for Public Works Construction, which is incorporated herein by this
reference. 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. This
Agreement shall commence on July 1, 2009, and shall expire on June 30, 2015, unless
sooner terminated pursuant to Section 5 of this Agreement. Additionally, there are two (2)
one-year options to extend the Agreement for FY2015-2016 and FY2016-2017 with the
mutual written consent of both parties."
Section 2. Section 9 of the Agreement is hereby amended to read as follows:
"Price Adjustments. The unit prices listed in the proposal sheets shall be applicable
for the period from July 1, 2009, through June 30, 2015. Each July 1st, the prices may be
increased by the Producer Price Index for Finished Goods for Los Angeles."
Section 3. Except as expressly amended by this amendment to the Agreement,
all other provisions of the Agreement shall remain in full force and effect as written in the
Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
August 19, 2014.
ATTEST:
City Clerk
CITY OF RANCHO PALOS VERDES
("CITY")
By: ___________ _
Mayor
HARDY AND HARPER, INC.
("CONTRACTOR")
Signature:----------
Printed Name:--------
Title:-----------
Signature:----------
Printed Name: _______ _
Title:-----------
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