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HomeMy WebLinkAbout11 - 2008-09 Sidewalk Curb & Gutter ReplacementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 January 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Principal Civil Engineer 949 - 644 -3330 or sluy @city.newport - beach.ca.us SUBJECT: 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM - AWARD OF CONTRACT NO. 4072 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4072 to Grigolla & Sons Construction Company for the Total Bid Price of $554,145.50 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $55,400 (10% of Total Bid) to cover the cost of unforeseen work. Discussion: At 11:00 a.m this project: BIDDER Grigolla & Sons Const. Co. Unique Performance Const. D & L Wheeler Enterprises Ortiz Asphalt Paving, Inc. Excel Paving Company Pima Corporation CJ Construction, Inc. EBS Inc. DBL Construction Corp. Ruiz Engineering Inc. Peterson -Chase S. Parker Engineering, Inc. Hardy & Harper, Inc. Nobest Inc. Low 2 3 4 5 6 7 8 9 10 11 12 13 14 on January 8, 2009, the City Clerk opened and read the following bids for TOTAL BID AMOUNT "$555,773.00 $562,091.40 $572,429.00 $587,595.81 $636,627.00 $661,790.00 $665,985.00 $666,666.00 $675,1 62.46 $689,921.75 $726,420.00 $753,476.00 $759,524.00 $800,000.00 Corrected Bid Amount is $554,145.50 2008 -09 Sidewalk, Curb & Gutter Replacement Program — Award of Contract No. 4072 January 27, 2009 Page: 2 The low total bid amount is seventeen percent below the Engineer's Estimate of $666,000. The difference between the engineer's estimate and the low bid amount may be related to the current down turn in the economy and the number of contractors looking for work. The low bidder, Grigolla & Sons Construction Co. Inc., possesses a California State Contractor's License Classification "A" as required by the project specifications. A check of the Contractor's references indicate it has satisfactorily completed similar projects for other local public agencies. Staff contacted the City of Claremont, City of West Covina and the Downey Unified School district regarding the Contractor's experience and received favorable recommendations. The work consists of removing existing sidewalk, curb and gutter, driveway approaches, access ramps, medians, root removal /pruning, constructing new sidewalk, curb and gutter, driveway approaches, access ramps, medians, and installing new tree root barriers per City standards. Pursuant to the Contract Specifications, Grigolla & Sons will have one hundred consecutive working days to complete the construction. Liquidated damages in the amount of $500 per calendar day will be assessed if Grigolla & Sons fails to complete the building construction within the allotted time. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Implementation Guidelines. This Exemption covers the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and the nearby elementary school. The first notice will be distributed ten days before work and the second notice 48 hours prior to starting work. Other Costs: In addition to the contract costs, $2,000 is included for printing and other incidentals. Surveying, geotechnical engineering, and consultant inspection services are not required for this project. Funding Availability: 2008 -09 Sidewalk, Curb & Gutter Replacement Program — Award of Contract No. 4072 January 27, 2009 Page: 3 There are sufficient funds available in the following account for the project: Account Description General Fund Proposed uses are as follows: Vendor Grigolla & Sons Construction Co. Inc. Grigolla & Sons Construction Co. Inc. Various Prepared by: Stepherf Luy Associate Civil Engineer Account Number Amount 7013- C2001009 $ 611,545.50 Purpose Construction Contract Construction Contingency Printing and Incidentals Total Amount $ 554,145.50 $ 55,400.00 $ 2,000.00 $ 611,545.50 Submitted by: Mb 14), 1 — Stephe G. adum Public Works Director CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM Contract No. 4072 CONTRACT THIS AGREEMENT, entered into this day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Grigolla and Sons Construction Co., Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 20092008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM The majority of the work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, driveway approaches, access ramps, medians, root removal /pruning, constructing new PCC sidewalk, curb and gutter, driveway approaches, access ramps, medians, installing new tree root barriers per City standards, and other incidental items of work. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4072, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 23 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Fifty -Four Thousand, One Hundred Forty -Five Dollars and Fifty Cents ($554,145.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy, P.E. (949)644-3330 Grigolla & Sons Construction Co., Inc. P.O. Box 949 Azusa, CA 91702 626- 334 -6634 626- 334 -5591 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. 24 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. mature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 25 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. C 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the. Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to slop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be 27 performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: A ° — C AARON C. HARP Assistant City Attorney CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor GRIGOLLA & SONS CONSTRUCTION CO., INC. M (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual 28