Item 14 - Extension of 98-99 Crack Seal Program Contract
- DISTRIBUTED 6-28-99
AGENDA REPORT SUMMARY Ð
TO: H'no,ab~ M',"' 80d M""b8~ City C"..;I
FROM: James L. Bowersox, City Man
INITIATED BY: N;'" Fntz, 0;"""°' of D~.'opme'" s."';~
Javid Siminou, City Engineer 19
Antone E. Oliveira, Construction Manager
DATE: July 6,1999
SUBJECT: Extension of the 98-99 Crack Seal Program Contract
ABSTRACT:
This proposal would extend the 98-99 Crack Seal Program contract with RCSI and award the 99-
00 Crack Seal Program contract to RCSI.
FISCAL IMPACT
There are sufficient funds available for the completion of the project.
ENVIRONMENTAL REVIEW
This project is categorically exempt under Class I of CEQA.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
RCS!.
RECOMMENDATION
It is recommended that the City Council extend the contract with RCSI and award the 99-00 Crack
Seal Program contract to RCSI in the amount of $49,720.65.
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CITY OF PO\\, A Y
AGENDA REPORT
This "'port Is Included on the Conssnt C.lendo,. Th.,. will bs no s...,.t. dIocuooion of the "'POrt prior to .pp..vol by the Chy Council
unlo.. m.mbs.. of the Council. 8I8 0' public ..q..st It to bo ",mov.d from the Co- C""'do, ond dioc....d ...."'toly. If you wish
to hen this "'port pun.d fo' disc-on. pis... fill out . oIip Indicotlng the "",ort numbo, .nd gin It to the Chy Cieri< prio, to the
boglnnlng of the Chy Council """'ng.
TO: Hooo<able Mayo, '"' Memb~ C"" Co'""1
FROM: James L. Bowersox, City Mana
INITIATED BY: Niall Fritz, Director of Development services;IF
Javid Siminou, City Engineer V
Antone E. Oliveira, Construction Manager
DATE: July 6, 1999
SUBJECT: Extension of the 98-99 Crack Seal Program Contract
BACKGROUND
On April 14, 1998, the City Council awarded a contract to RCSI for the 98-99 Crack
Seal Program in the amount of $74,187.40. The contract included the option of being
extended for three additional, one-year periods (see Attachment A). On January 26,
1999, the City Council accepted the completion of the 98-99 Crack Seal Program. Staff
began negotiations with RCSI in the spring of 1999 to determine if it were possible to
extend the contract for an additional year, pursuant to Section 2-13 Contract Length, of
the contract document. The proposed contract amount, if extended, is $49,720.65,
based on a unit price of $0.35 per linear foot and a quantity of 142,059 linear feet.
FINDINGS
The contractor has successfully completed numerous crack seal contracts with the City
of Poway in previous years. Conditions and costs were agreed upon for the 99-00
Crack Seal Program contract.
FISCAL IMPACT
There are sufficient funds available for the completion of the project.
ENVIRONMENTAL REVIEW
This project is categorically exempt under Class I of CEQA.
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- Extension of the 98:119 Crack Seal Program Contract
July 6, 1999
Page 2
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
RCS!.
RECOMMENDATION
It is recommended that the City Council extend the contract with RCSI and award the
99-00 Crack Seal Program contract to RCSI in the amount of $49,720.65.
JLB:NF:JS:AEO:mhl
ATTACHMENT A Section 2-13 Contract Length, pages 4 and 5
"'ldtylagenda\O706a1<.cip
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d. The Engineer shall approve the equipment source and the equipment ren-
tal rate to be paid by the City before the Contractor begins work involving
the use of said equipment.
2-9 ANTI-KICKBACK - The Contractor shall comply with the Copeland
"Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3).
2-10 WORK STANDARDS - The Contractor shall comply with Sections 103 and
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor Regulations (29 CFR Part 5). Section 103
requires the Contractor to compute the wages of every mechanic and laborer on the
basis of a standard workday of 8 hours and a standard workweek of 40 hours. Work in
excess of the standard workday or workweek is permissible provided that the worker is
compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or 40 hours in the work week. Section
107 of that act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which
are unsanitary, hazardous, or dangerous to his health and safety as determined under
construction, safety, and health standards promulgated by the Secretary of Labor.
2-11 PAYMENT RETENTION CLAUSE - In conformance with the Public
Contract Code Section 22300, the Contractor may substitute securities for any moneys
withheld by the City to ensure performance under the contract.
At the request and expense of the Contractor, securities equivalent to the
amount withheld shall be deposited with the City of Poway or with a State or Federally
chartered bank as the escrow agent who shall pay such moneys to the Contractor upon
satisfactory completion of the Contract.
The type of securities deposited and the method of release shall be approved by
the City Attorney's office.
2-12 ASSIGNMENT OF CONTRACT - The successful bidder shall agree not to
assign, transfer, convey, sublet or otherwise dispose of the items appearing on this bid
form which he may be awarded, or any rights accruing thereunder, title or interest
therein, funds to be received hereunder, or any power to execute the same without the
consent in writing of the Director of Engineering Services. Notice is hereby given that
the City of Poway will not honor any assignment made by the Contractor, unless the
consent in writing, as indicated above, is given.
2-13 CONTRACT LENGTH - This contract is for a one-year period and can be
extended annually with the mutual agreement of both parties for three (3) addition, one
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Attachment A
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,- (1) year periods. The extension of this agreement will be predicated on the
renegotiated price and successful completion of the previous years' contract. It shall
be the City's option to renew this contract for any or all of the three (3) additional
periods.
2-14 MONTHLY PROGRESS PAY ESTIMATES - The contractor shall furnish
monthly itemized estimates of work on the Progress Pay Estimate form provided by the
City for the purpose of making partial payments thereon. Invoices received by the City
on forms other than those provided by the City will be rejected, thereby delaying
payment.
Progress Pay Estimates are processed for payment not later than the fourth
Friday of each month. Invoices must be received by the City on the first of each month.
The City reserves the right to reject invoices not submitted on City's forms, or
invoices received later than the 7th of each month.
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