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11-0802_AMERICAN ASPHALT_D8_Agenda Report 8/212011 AGENDA REPORT" D8 TO: Karen P. Brust, City Ma ag J4" FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract — Pavement Rehabilitation Improvement Plans (CIP Nos. 07105-Preventative Street Maintenance and 11108-Rancho Viejo Rd. Rehabilitation) (All American Asphalt) RECOMMENDATION By motion, 1. Award the contract for the Pavement Rehabilitation Improvement Plans Project, to the low responsible bidder, All American Asphalt_, in the amount of $997,286.00, and reject all other bids; and, 2. Return funds of $295,000 included in the FY 2011112 Capital Improvement Program budget for CIP No. 11108 to the System Development Fund balance. SITUATION Summary and Recommendation Bids for the Pavement Rehabilitation project were opened on July 6, 2011. Bids are valid until October 4, 2011, 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$997,286.00. Background This project will include the following improvements: 1. a) Place an asphalt-concrete overlay on Camino La Ronda from La Novia to Via Fierro including the side streets, (CIP 07105). b) Place an asphalt-concrete overlay on Paseo Rita from Calle Roberto to north end, (CIP 07105). Agenda Report August 2, 2011 Page 2 2. Place an asphalt-concrete overlay on Rancho Viejo Road from Ortega to 360 feet north of Junipero Serra (CIP 11108). 3. Place slurry seal on the Capistrano Villas II and III on pavement in the alleys that are jointly owned by the City and the Villas HOAs, (CIP 07106). This will be a cooperative project between the City and the Homeowners Associations. Since the City owns the twenty (20) feet width of center of the alleys, City will pay the contractor for the City share and the Associations will pay the contractor directly for their share of the project. The Associations have agreed to execute a third party contract with the contractor for their share of the project cost (Confirmation e-mail from the HOA's management company, Coastal Resource Management, is attached). Bids were received as follows: Total Bid City Share HOAs Share All American Asphalt $1,037,037.00 $997,286.00 $39,751.00 Hardy and Harper, Inc. $1,056,000.00 $1,009,645.00 $45,455.00 R.J. Noble Company $1,095,892.25 $1,033,204.45 $62,687.80 EBS General Engineering $1,133,144.00 $1,083,369.00 $49,775.00 COPP Contracting, Inc. $1,158,679.00 $1,103,031.00 $55,648.60 Granite Construction $1,201,562.00 $1,154,560.00 $46,992.00 Ralp, Inc., dba Excel Paving $1,212,587.00 $1,161,389.00 $61,198.00 Cal Pro Engineering, OC Striping, and Case Land Survey are listed as subcontractors with the All American Asphalt bid. All American Asphalt has worked with a satisfactory performance in the City of San Juan Capistrano in the recent past. FINANCIAL CONSIDERATIONS The FY 2010111 adopted budget included $435,000 for CIP No. 07105 (Preventative Street Maintenance) and $905,000 for CIP No. 11108 (Rancho Viejo Rd. Rehabilitation). CIP No. 07105 and CIP No. 11108, have $436,000 and $899,840 remaining as of June 30, 2011 to be carried forward for this project. Based on the successful bid the costs for each project are $373,663 and $623,623, respectively and there are sufficient funds budgeted for this construction. The FY 2011-12 Capital Improvement Program included $295,004 for CIP No.11108. Since the All American Asphalt proposal for CIP No. 11108 portion of the project is $623,623, these additional funds will not be needed for CIP No. 11108 and are recommended to be returned to the Systems Development Fund balance. Agenda Report August 2, 2011 Page 3 NOTIFICATION All American Asphalt Hardy and Harper, Inc R.J. Noble Company EBS General Engineering COPP Contracting, Inc. Granite Construction Ralp, Inc. dba Excel Paving Capistrano Villas II and III, HOAs RECOMMENDATION By motion, 1. Award the contract for the Pavement Rehabilitation Improvement Plans Project, to the low responsible bidder, All American Asphalt, in the amount of $997,286.00, and reject all other bids; and, 2. Return funds of $295,000 included in the FY 2011112 Capital Improvement Program budget for CIP No. 11108 to the System Development Fund balance. Respectfully submitted, Prepared by, Nasser Abbaszadeh, PE Maryam F. Ramsey, Public Works Director Associate Engineer Attachment(s): 1. Contract 2. HOAs Property Management confirmation e-mail CONTRACT This contract is made and entered mato 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. FIRST. 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, City of San Juan Capistrano Standard Plans, Caltrans Standard Plans and Specifications, 2006 Edition, and the Standard Plans and Specifications for Public Works Construction The "Green Book"), 2009 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 1- Pavement Rehabilitation Improvement in Camino La Ronda & Paseo Rita CIP 07105 2- Rancho Viejo Road CIP 11108 and 3- Allc was in Capistrano Villas II and III„(CIP 07105) n 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 C-1 ATTACHMENT 1 time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred Dollars ($500) 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°/x) 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 a period 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 furnish the bonds on the forms found within the Specifications. 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. SEVENTH. INSURANCE. CONTRAC'T'OR 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: $1,000,000 property damage; C-2 $1,000,000 injury to one person/anyone occurrence/not limited to contractual period; $2,000,000 injury to more than one person/anyone 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 inde inify, 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 CONTRACTOR, or by any SUIS-CONTRACTOR, for each calendar 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. If CONTRACTOR is not already enrolled in the U.S. Department of Homeland Security's E- Verify program, CONTRACTOR shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perforin work hereunder. CONTRACTOR shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information C-3 pertaining to the E-Verify programa can be found at http://www.uscis.gov, or access the registration page at bttps://www.visdhs.com/emploMg:e istration. CONTRACTOR shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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. City of San Juan Capistrano DATED: BY: Sara Allevato, Mayor BY: CONTRACTOR LICENSE NO. CLASSIFICATION ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: (� )MA 0A�j//O A/1 JkIA- F� Omar San val, City Attorney C-4 Lindsex Mannan From: Chris Kervick <infoOa coastalresource.com> Sent: Tuesday, July 19, 20113:59 PM To: Maryam Ramsey Subject: RE: Pavement Rehabilitation Improvement Project-Alleyways in Capistrano Villas II&111- Maryam, Yes the two communities, Capistrano Villas 11 and Capistrano Villas Ill both agree to proceed with executing a contract with All American Asphalt for their share of the cost. Please have the contractor contact me so that 1 can get the exact amounts for each community. Thanks for your help. Regards, Chris Kervick, CLAM Coastal Resource Management 27312 Calle Arroyo, Ste. A San Juan Capistrano, CA 92675 949-234-0297 949-234-0296 Fax info@coastalresource.com ATTACHMENT 2