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HomeMy WebLinkAboutE-11 Staff Report - Azusa Ave Pavement Rehabilitation ProjectCONSENT ITEM E-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: DANIEL BOBADILLA, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: SEPTEMBER 18, 2017 SUBJECT: AWARD A CONTRACT TO REHABILITATE THE PAVEMENT ON AZUSA AVENUE FROM FIFTH STREET TO SANTA FE AVENUE SUMMARY: The pavement on Azusa Avenue between Fifth Street and Santa Fe Avenue is in need of repair. The proposed project will rehabilitate the pavement and perform additional street improvements along this stretch of road. The proposed action awards a contract to All American Asphalt as the lowest and responsible bidder to make the much needed improvements on Azusa Avenue. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Award a contract for a total not-to-exceed amount of $316,470 to All American Asphalt to rehabilitate the pavement on Azusa Avenue from Fifth Street to Santa Fe Avenue; and 2) Authorize the Interim City Manager to execute a contract, in a form acceptable to the City Attorney, on behalf of the City. DISCUSSION: The proposed project will rehabilitate the pavement on Azusa Avenue from Fifth Street to Santa Fe Avenue, approximately 0.35 miles in length. The rehabilitation method consists of a 3 inch coldmill and asphalt concrete overlay. Additional improvements include a storm drain connection, and removal and replacement of damaged curb & gutter at various locations throughout the project limits. APPROVED COUNCIL MEETING 9/18/2017 Rehabilitation of Pavement on Azusa Ave From Fifth St to Santa Fe Ave Project No. HPLUL-5112(014) September 18, 2017 Page 2 Sealed bids were received and opened on August 29, 2017. Results are as follows: No. Company Location Total Bid 1 All American Asphalt Corona, CA $287,700.00 2 Gentry Brothers, Inc. Irwindale, CA $315,080.00 3 Excel Paving Long Beach, CA $326,292.00 4 Hardy & Harper, Inc. Santa Ana, CA $396,000.00 The lowest, responsive bid was submitted by All Amercian Asphalt, a general engineering construction company which has been in business for over 47 years and has recently completed projects of similar scope in several Southern California cities. ENVIRONMENTAL CLEARANCE: This action is categorically exempt from the requirements of the California Environmentally Quality Act (CEQA) pursuant to Section 15301(c) Existing highways, streets, sidewalks, and gutters. Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk’s Office upon project approval. FISCAL IMPACT: The recommended actions award a contract to All American Asphalt in the amount of $287,700, and further authorizes Staff to amend the contract up to 10% or $28,770 for a total not -to-exceed contract amount of $316,470. The project will be funded with Federal Funds HY10 and LY10. Funding for the proposed recommendations were included under the FY2017-18 adopted CIP (Carryover) budget. Upon City Council approval and when the agreement with Caltrans is fully executed, Staff will prepare a budget amendment accordingly. Prepared by: Fiscal Impact Reviewed by: Daniel Bobadilla, P.E. Talika M. Johnson Director of Public Works/City Engineer Director of Finance Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Don Penman Senior Management Analyst Interim City Manager Attachment: 1) Contract with All American Asphalt CITY OF AZUSA STANDARD CONTRACT CONTRACT 07-LA-0-AZU ; Federal-Funded Project # HPLUL-5112(014) REHABILITATE PAVEMENT ON AZUSA AVENUE FROM FIFTH STREET TO SANTA FE AVENUE THIS AGREEMENT is made and entered into this ______ day of ___________________________ 2017, by and between the CITY OF AZUSA, a Municipal corporation, hereinafter called CITY, and All American Asphalt, hereinafter called CONTRACTOR. RECITALS CITY, by its Notice Inviting Bids duly advertised for written bids to be submitted on or before August 29, 2017, for the following: CONTRACT 07-LA-0-AZU (Federal-Funded Project # HPLUL-5112(014) REHABILITATE PAVEMENT ON AZUSA AVENUE FROM FIFTH STREET TO SANTA FE AVENUE hereinafter called PROJECT. At 10:00 a.m., on said date, in the City Clerk’s Office of the City of Azusa City Hall, said bids were duly opened. At its regular meeting held on September 18, 2017, the City Council duly accepted the bid of CONTRACTOR for said PROJECT for being the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: ARTICLE I The contract documents for the PROJECT shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, CONTRACTOR’S Proposal, and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the rights and obligations of CITY and CONTRACTOR are fully set forth and described in the Contract Documents. All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are hereinafter referred to as CONTRACT DOCUMENTS and are incorporated herein by this reference and made part hereof as though they were fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS. ARTICLE III CONTRACTOR hereby agrees to receive and accept the total amount of Two Hundred Eighty Seven Thousand Seven Hundred Dollars ($287,700.00), which is based on performing all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. The final total amount to be paid to the CONTRACTOR shall be based on actual bid quantities completed. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of Article XII herein have been met. ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in Article III hereof, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS. In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith. ARTICLE V CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued to said CONTRACTOR by the CITY. The CONTRACTOR shall complete all work required for the CONTRACT DOCUMENTS within 60 working days from the commencement date stated in the Notice to Proceed. ARTICLE VI A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any Contractor’s subcontractor, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: 1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; 2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract. B. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. C. CITY shall promptly investigate the reported conditions. If CITY, through the City Engineer or his/her, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights, which pertain to the resolution of disputes and protests between the parties. ARTICLE VII CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the Contractor’s work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided: (a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the aforesaid hold-harmless agreement because of the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement. (b) That the aforesaid hold-harmless agreement by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleges to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. ARTICLE VIII CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the contract price thereof conditioned upon the faithful performance of this contract and upon the payment of all labor and materials furnished in connection with this contract. ARTICLE IX CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. (a) COMPENSATION INSURANCE. CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of Contractor’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor’s similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor’s to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. (b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS / COMPLETED OPERATIONS HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect the CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR or any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor’s, and the amounts of such insurance shall be as follows: (1) Public Liability and Property Damage Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (2) Products/Completed Operations Hazard Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (3) Comprehensive Automobile Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (4) Contractual General Liability Insurance in an amount of not less than TWO MILLION DOLLARS ($2,000,000); (5) or GENERAL AGGREGATE LIABILITY in an amount of not less than TWO MILLION DOLLARS ($2,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth herein above. (c) PROOF OF INSURANCE. The City of Azusa shall be named as “additional insured” on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days’ prior notice of the cancellation of any policy during the effective period of this contract. Such insurance shall be primary and noncontributory with any other insurance maintained by the City of Azusa. (d) NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence work under this contract until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article. ARTICLE X If any dispute shall arise concerning this Agreement, the prevailing party shall be entitled to attorney fees. ARTICLE XI The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event of such a breach. The parties therefore agree that in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of Two-hundred-fifty dollars ($250) shall be presumed to be the amount of damages suffered by the CITY for each day’s delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of Two-hundred-fifty dollars ($250) as liquidated damages for each day of delay in the starting and/or completion and acceptance of said PROJECT beyond the date specified in the CONTRACT DOCUMENTS. Any and all such liquidated damage assessed shall be done so in accordance with that certain edition of the Specification for Public Works Construction, currently in effect as of the date of this Agreement. ARTICLE XII Contractor hereby promises and agrees to comply with all of the provisions of the Federal Requirements related to employment and labor relations. ARTICLE XIII Upon completion of the PROJECT and acceptance of same by the City Council, the CITY Manager shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Article III hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work. ARTICLE XIV This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto. ARTICLE XV The provisions of this agreement are cumulative and in addition to and not in limitation of any rights or remedies available to CITY. ARTICLE XVI If either party to this agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include reasonable costs for investigating such action conducting discovery and all other necessary cost the court allows, which are incurred in such litigation. The provisions of this agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY. IN WITNESS WHEREOF the parties hereto have caused this contract to be executed on the date first above written by their respective officers duly authorized in that behalf. CITY OF AZUSA, a Municipal corporation CONTRACTOR Signed by: _________________________ Signed by: ____________________________ Joseph R. Rocha President Mayor Signed by: ________________________ Don Penman Interim City Manager ATTEST: Signed by: _________________________ Signed by: ____________________________ Jeffrey Lawrence Cornejo, Jr. Secretary City Clerk APPROVED AS TO FORM: Signed by: ________________________ Best Best & Krieger LLP City Attorney