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
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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;
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$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
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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
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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