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04-0907_ALL AMERICAN ASPHALT_D7_Agenda Report0 AGENDA REPORT • 9/7/2004 D7 TO: David Adams, City Manager '�)k FROM: Ray Holland, Interim Engineering & Building Director SUBJECT: Consideration of Award of Contract — Rancho Viejo Road Rehabilitation, Malaspina Road to 1700 Feet South (All American Asphalt) (CIP No. 127) RECOMMENDATION By motion, waive the minor clerical bid error and award the contract for the Rancho Viejo Road Rehabilitation, Malaspina Road to 1700 Feet South, Capital Improvement Project to the low responsible bidder, All American Asphalt in the amount of $81,935.12, and reject all other bids. SITUATION A. Summary and Recommendation Bids were opened August 11, 2004 for the Rancho Viejo Road Rehabilitation, Malaspina Road to 1700 Feet South, Capital Improvement Project. Bids are valid until November 9, 2004, a period of ninety (90) days from the opening date. Staff is recommending that the City Council award the contract to the low responsible bidder All American Asphalt in the amount of $81,935.12. B. Background Funds are budgeted in Fiscal Year 2004-2005 for arterial street major rehabilitation. Rancho Viejo Road from Malaspina Road to 1700 feet south has been identified as an arterial highway needing rehabilitation work. Although this street is not identified in the City Council Policy 505 as requiring nighttime work, staff is recommending that construction be conducted between the hours of 10:00 p.m. and 6:00 a.m. to minimize traffic impacts to daytime traffic. Agenda Report • Paae 2 Bids were received as follows: All American Asphalt Orion Contracting, Inc. EBS, Inc. R.J. Noble Company Hardy & Harper, Inc. Sequel Contractors, Inc. $ 81,935.12 $ 86,823.80 $ 89,420.00 $ 97,331.62 $ 98,700.08 $ 110,109.00 • September 7, 2004 All American Asphalt's bid did not include a signed copy of Addendum No. 1, as required. Addendum No. 1 provided page SP -4 of the Specifications which was missing from some copies of the Specifications to the bidders. All American Asphalt has subsequently acknowledged the contents of Specifications page SP -4. Staff is recommending that this be waived as a minor clerical error. The following subcontractor was listed with All American Asphalt's bid: Orange County Striping, Orange, California 92868 COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS The City's Environmental Administrator has determined that the proposed roadway rehabilitation project is categorically exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act, Class 1(c ), rehabilitation of existing streets. FINANCIAL CONSIDERATIONS The Engineer's estimate for construction is $102,000. $150,000 is budgeted in Account No. 12-65300-4710-127 for Fiscal Year 2004-2005. NOTIFICATION All American Asphalt Orion Contracting, Inc. EBS, Inc. R.J. Noble Company Hardy & Harper, Inc. Sequel Contractors, Inc. Agenda Report • • September 7, 2004 Paae 3 RECOMMENDATION By motion, waive the minor clerical bid error and award the contract for the Rancho Viejo Road Rehabilitation, Malaspina Road to 1700 Feet South, Capital Improvement Project to the low responsible bidder, All American Asphalt in the amount of $81,935.12, and reject all other bids. Respectfully submitted: -KtA-f 4� Ray Holland Interim Engineering & Building Director RH/BP:jcr Attachments: 1. Location Map 2. Contract P red by: I Z Brian Perry, P.E. Project Manager 0 0 THE CITY OF SAN JUAN CAPISTRANO N l - 'y 21 g/ M; RANCHO VIEJO ROAD { E fti REHABILITATION h o y PROJECT LOCATION t a�saY f•` ie 1 ry 0 3000 6000 9000 Feet mammommmommon ATTACHMENT CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY' and All American Asphalt hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIR.ST.CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2000 Edition including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Rancho Viejo Road Rehabilitation, Malaspina Road to 1700 Feet South in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; 1 ATTACHMENT 2 therefore, CONTRACT&hall pay CITY, as liquidated damageot in the nature of a penalty, Two Hundred Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY, The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for aperiod of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to finnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. 0 0 SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than One Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by 3 CONTRACTOR, or by* SUB -CONTRACTOR, for each c*ar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. DATED: ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John Shar, City Attorney City of San Juan Capistrano BY: JOE SOTO, MAYOR BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION 4