HomeMy WebLinkAbout06 AWARD CONSTRUCTION CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECTDocusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item
AGENDA REPORT Reviewed:
City Manager
Finance Director
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APRIL 15, 2025
ALDO E. SCHINDLER, CITY MANAGER
MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS
AWARD CONSTRUCTION CONTRACT FOR THE ANNUAL
ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT
Staff is requesting the City Council award a construction contract to the lowest
responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk Repair
Project — Zone 6 and approve a Cooperative Agreement with the City of Irvine.
RECOMMENDATION:
It is recommended that the City Council:
Award a construction contract to the lowest responsive/responsible bidder, All
American Asphalt in the amount of $2,464,122 for the Annual Roadway
Rehabilitation and Sidewalk Repair Project — Zone 6 and authorize the Mayor and
the City Clerk to execute the contract documents on behalf of the City;
2. Approve Cooperative Agreement with the City of Irvine for work on Myford Road
within the City of Irvine's jurisdiction and authorize the Director of Public Works, and
City Clerk to execute the agreement on behalf of the City; and
3. Appropriate $554,009 from the Gas Tax Fund (Fund 130), $1,800,000 from Measure
M2 Fair Share (Fund 139) and $406,513 from General Fund CIP (Fund 200).
FISCAL IMPACT:
The Fiscal Year 2024-25 budget has $385,000 allocated from Measure M2 Fair Share
(Fund 139), which funds the annual design, traffic striping, and the biennial update to the
Pavement Management Plan, including the pavement condition survey. Construction
funding was earmarked within the Fiscal Year 2025-26 budget and staff is requesting an
appropriation of $2,354,009 be moved into the Fiscal Year 2024-25 budget with
an additional $406,513 of General Fund CIP (Fund 200) which will be reimbursed per the
Cooperative Agreement at the completion of construction by the City of Irvine.
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
City Council Agenda Report
Annual Roadway Rehabilitation and Sidewalk Repair Project
April 15, 2025
Page 2
Expenses include:
• Construction Contract — Schedule "A" (City of Tustin Portion) ........ $2,057,609
• Construction Contract — Schedule "B" (City of Irvine Portion) ............ $406,513
• Contingency.......................................................................................$246,400
• Construction Support and Geotechnical Services................................$50,000
CORRELATION TO THE STRATEGIC PLAN:
Rehabilitation of roadways and repair of sidewalks contributes to the fulfillment of the City's
Strategic Plan Goal B: Public Safety and Protection of Assets. Specifically, the project
implements Strategy #5, which among other items, is to ensure continuous maintenance
and improvement of transportation facilities.
BACKGROUND AND DISCUSSION:
The Annual Roadway Rehabilitation and Sidewalk Repair Project — Zone 6,
Capital Improvement Project No. 70024, includes asphalt concrete pavement repair,
asphalt concrete overlay, slurry sealing, and traffic striping on various streets within
Zone 6 of the City's Pavement Management Program. The City is divided into
seven pavement management zones with one zone targeted each year for pavement
maintenance. Through a rolling seven-year cycle, this program is intended to maintain
the integrity of City streets. The current phase, Zone 6 (see attached Location Map), is
generally bound by Santa Ana Freeway (1-5) to the north, Tustin Ranch Road to the west,
Barranca Parkway to the south, and Harvard Avenue/East City Limit to the east.
Included within the project are improvements to Myford Road, a split jurisdictional roadway
between the City of Tustin and the City of Irvine. Through a Cooperative Agreement, the
City of Irvine will reimburse the City of Tustin for actual construction costs to be determined
upon project completion. The improvements also include replacement of damaged
concrete curbs, gutters, sidewalks, and curb ramps. Once completed, this project will
improve the City's overall pavement condition, enhance ride quality and visual appeal of
the street, and support compliance with Americans with Disability Act standards.
Formal bids were submitted electronically and publicly opened on March 25, 2025. Seven
(7) bids were received and are summarized as follows:
• All American Asphalt.............................................................. $ 2,464,122.00
• R.J. Noble Company.............................................................. $ 2,748,929.28
• DASH Construction Company, Inc ......................................... $ 2,798,013.10
• Hardy & Harper, Inc................................................................ $ 2,840,000.00
• Sully Miller Contracting Company ........................................... $ 2,919,724.21
• Onyx Paving Company, Inc .................................................... $ 3,031,000.00
• PALP, Inc., dba Excel Paving Company ................................. $ 3,074,259.82
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
City Council Agenda Report
Annual Roadway Rehabilitation and Sidewalk Repair Project
April 15, 2025
Page 3
Staff has reviewed the references, the State Contractor's License and registration with the
Department of Industrial Relations and has determined All American Asphalt meets the
City's requirements and are appropriate for the subject project.
Staff recommends that the City Council award the construction contract to the lowest
responsive/responsible bidder, All American Asphalt for the Annual Roadway Rehabilitation
and Sidewalk Repair Project - Zone 6 and approve the Cooperative Agreement with the
City of Irvine. The City Attorney has approved the agreement as to form.
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Michael Grisso
Director of Public Works
Attachments:
1. Cooperative Agreement with the City of Irvine
2. Location Map
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
ATTACHMENT 1
Cooperative Agreement with the City of Irvine
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
COOPERATIVE AGREEMENT
FOR
MYFORD ROAD REHABILITATION PROJECT
This COOPERATIVE AGREEMENT FOR MYFORD ROAD REHABILITATION
PROJECT ("Agreement") is made and entered into as of ,
20 ("Effective Date") by and between the City of Irvine ("Irvine") and the City of Tustin
("Tustin"). Irvine and Tustin are sometimes individually referred to as "Party" and
collectively as "Parties."
RECITALS
A. WHEREAS, the pavement condition on Myford Road between Dow Avenue and
Michelle Drive requires rehabilitation, and
B. WHEREAS, the City boundary between Irvine and Tustin runs though this segment
of Myford Road, and
C. WHEREAS, the cost of design and construction of said rehabilitation of Myford
Road, hereinafter referred to as the "Project", will be proportionately funded by
Tustin and Irvine. The cost of design and construction administration of the Project
will be proportionately funded by Irvine and Tustin based on percentage of project
area within each City's jurisdiction. The cost of construction will be based on the
actual cost of the work within each City's jurisdiction.
NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein
by reference, and the mutual covenants set forth below, the Parties hereby agree as
follows:
AGREEMENT
1. Lead Agency. TUSTIN will be the lead agency under CEQA, for the final design
and construction phase of the Project.
2. Payment of Contributions.
a. Irvine and Tustin will each contribute one hundred percent (100%) of the
construction costs for work completed within each respective jurisdiction.
The cost of design and construction administration will be proportionately
funded by IRVINE and TUSTIN based on percentage of project area within
each City's jurisdiction.
b. Tustin shall invoice Irvine for payment of their share of costs at the end of
the construction phase of the Project. Irvine agrees to pay all non -
disputed and costs approved by Irvine within thirty (30) days of receipt of
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said invoice. Tustin shall provide a final accounting of all Project costs
associated with the Irvine portion of the Project to Irvine within thirty (30)
days after the Parties accept the Project as complete.
3. Final Design Phase.
a. In the final design phase, Tustin shall cause the preparation of the final
design plans, engineer's estimate, specifications, and special provisions
for the Project. Plans, specifications, and special provisions shall be
prepared pursuant to Irvine's latest standard plans and specifications for
the portions of the Project within Irvine. The engineer's estimate shall
show the separation between Irvine improvements and Tustin
improvements. Irvine shall review the engineer's estimate and review and
sign the final design drawings for the Project within Irvine prior to bid
advertisement. Tustin and Irvine agree to reasonably cooperate in
resolving any disputes over the final design drawings.
4. Agency Review of Documents. Tustin and Irvine shall each incur their own costs
associated with the plan check and review of all documents.
5. Construction.
a. Costs associated with construction inspection of the Project within each
respective jurisdiction shall be included in the project costs, not to exceed
15% of the construction costs.
b. Irvine shall allow Tustin, its representatives, agents, and contractors
access to portions of the Project site within Irvine right-of-way with an
approved Irvine permit stated in Section 7 and on private property within
Irvine boundaries once easements are secured with the applicable
property owner. Tustin shall allow Irvine staff reasonable access to the
Project site, at all reasonable times and upon advance notice, to perform
observations of any work on the Irvine portion of the Project.
c. Tustin shall notify Irvine of the official advertising dates, bid opening date,
contract award date, construction start date, and overall construction
schedule. Tustin shall invite a representative from Irvine to attend pre -
construction, project status and final walk-through meetings.
d. To the extent permitted by applicable laws and regulation, and City of Irvine
special provisions, Irvine shall allow necessary closures to construct the
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
project improvements. Tustin shall provide notice to Irvine 2 weeks prior to
any closure of Irvine streets.
e. Tustin shall require that the independent contractor provide the necessary
insurance coverage for construction of the Project and shall require the
independent contractor to name Irvine, its elected officials, officers,
employees, agents and representatives as additional insureds on the
contractor's commercial general liability and business automobile liability
policies, and that the contractor indemnify Irvine, its elected officials,
officers, employees, agents, and representatives to the same extent that
Tustin is indemnified.
f. Tustin shall provide Irvine final Record Drawings for the project
improvements in pdf format as well as electronic CADD files in AutoCAD
format, within 90 calendar days of the project completion and acceptance.
g. Tustin shall record a Notice of Completion for the project and provide
Irvine's clerk with a certified copy of the recorded Notice of Completion.
Upon receipt of such Notice of Completion, Irvine shall accept full
maintenance and upkeep responsibilities for the project improvements that
are located within the City of Irvine.
h. Tustin shall cause its contractor for the Project to warrant the Project
against defects in workmanship and materials for a minimum period of one
(1) year from the date of acceptance of the Project. It is further agreed that
Tustin shall assume the responsibility for causing the Project to be
restored to full compliance with the plans and specifications, including any
test requirements, for any portion of the Project during which said one
year period are found by Irvine or Tustin not to conform with the plans and
specifications. This warranty is in addition to any and all other warranties,
expressed or implied, with respect to the Project. The warranty and
obligations under this section shall in no way be relieved by Tustin's
inspection and/or approval of the whole or any part of the Project. Tustin
shall include a clause in its contract with the contractor on the Project that
Irvine is an intended third -party beneficiary of the construction contract.
6. Prior Rights. Wherever possible, Irvine and Tustin shall take the necessary actions
to exercise and secure its prior rights over all utilities or facilities requiring
relocation within their respective jurisdiction in accordance with this Agreement.
7. Encroachment Permit. Tustin shall require that the Contractor obtain
encroachment permit from City of Irvine and comply with all the permit
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requirements. Irvine agrees to issue a no fee encroachment permit authorizing
entry onto Irvine for the Project.
8. Actual Project Cost. Irvine agrees that its contribution for the Improvement shall be
based on the actual construction costs.
9. Actual Project Costs Exceed Estimates. Tustin agrees to provide the bid summary
for work on the Irvine portion of the Project to Irvine for review and approval prior
to award of construction contract. In the event the lowest, responsive, and
responsible contractor's construction bid exceeds 10% of the Engineer's Estimate,
both Tustin and Irvine agree to: (1) meet and determine possible Project revisions
to reduce costs and rebid the Project, or (2) provide the additional funding. In the
event the actual project cost exceeds the engineer's estimate by 10% or less, both
Tustin and Irvine agree Irvine will provide the additional funding based on Section
2.
10. Chanae Orders and Additional Consultina Services.
a. Change orders and additional consulting services affecting Irvine shall be
reviewed and subject to written approval by Irvine prior to granting
approval. Costs related to such change orders will be reimbursed by Irvine
based on the share percentage stated in Section 2.
b. If either agency requests additional changes that are not necessary for
project completion, those costs would be reimbursed by the requesting
agency.
c. Tustin shall furnish Irvine with a copy of any proposed change order to the
construction contract, affecting Irvine, within ten (10) days of initiation of
changed conditions to such contract. Irvine shall promptly review and
respond to proposed change order(s) within five (5) working days of receipt
by Irvine. Irvine and Tustin agree to reasonably cooperate in resolving any
disputes related to proposed change orders to the construction contract.
Irvine shall not unreasonably withhold written approval of any such change
order.
11. Upon satisfactory completion, final inspection and acceptance by Irvine of
construction activities for improvements of the Project within Irvine City limits,
Irvine shall sign Project acceptance documents and assume all maintenance
activities for improvements of the Project within Irvine City limits or pursuant to
separate maintenance agreement between Irvine and Tustin. Irvine's signature,
acceptance, and relief of maintenance in accordance with this section shall not be
unreasonably withheld.
12. Agency Representatives. The following staff members or as otherwise designated
in writing by the City Manager of Irvine or the City Manager of Tustin, shall be the
selected representatives of each City to act on each respective City's behalf with
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
respect to this Agreement. The aforementioned Party representatives shall
collectively be referred to as the "Agency Representatives." Any notices,
requests, approvals, plan submittals or communications shall be provided to each
representative noted below:
To Irvine:
Luis Estevez
Acting Director of Public Works
and Sustainability
LEstevez(cr_cityofirvine.org
P.O. Box 19575
Irvine, CA 92623-9575
(949) 724-6902
13. Mutual Indemnification.
To Tustin:
Michael Grisso
Director of Public Works
mgrisso ,tustinca.org
300 Centennial Way,
Tustin, CA 92780
(714) 573-3350
Irvine shall indemnify, defend, save and hold harmless Tustin, its City Council, and
each of its elected or appointed officers, employees, officials, volunteers and
agents from and against any and all loss, damages, liability, claims, including but
not limited to bodily injury, death, personal injury, property damages, or any other
claims arising out of (i) breach of this Agreement by Irvine or (ii) the willful actions
or active negligence or omissions of Irvine, its employees, or agents in the
performance of its obligations pursuant to this Agreement, and shall include
attorneys' fees and other reasonable costs incurred in defending any such claim.
Tustin shall indemnify, defend, save, and hold harmless the City of Irvine, and each
of their elected or appointed officers, officials, volunteers, agents and employees
from and against any and all loss, damages, liability, claims including but not
limited to bodily injury, death, personal injury, property damages, or any other
claims arising out of (i) breach of this Agreement by Tustin or (ii) the willful actions
or active negligence or omissions of Tustin, its employees, or agents in the
performance of its obligations pursuant to this Agreement, and shall include
attorneys' fees and other reasonable costs incurred in defending any such claim.
14. Amendment. This Agreement may be amended at any time by the mutual consent
of the Parties by a written instrument signed by the Parties.
15. Termination. This Agreement shall commence on the Effective Date and remain in
effect until the Agency Representatives find the Project completed, or by mutual
consent of the Parties to terminate this Agreement.
16. Entire Agreement. This Agreement represents the entire understanding of the
Parties as to those matters contained herein, and no prior oral or written
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
understanding shall be of any force or effect with respect to those matters covered
in this Agreement. In the event that any one or more of the phrases, sentences,
clauses, or sections contained in this Agreement shall be declared invalid or
unenforceable by valid judgement or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases,
sentences, clauses, paragraphs or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder.
17. Litigation fees. Should litigation arise out of this Agreement or the performance
thereof, each Party shall bear its own litigation and collection expenses, witness
fees, court costs and attorney's fees.
18. Counterpart. The Agreement and any amendment hereto may be executed in one
or more counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
19. In accordance with Government Code section 6505(a), the Parties shall strictly
account for all funds, and all receipts and disbursements shall be reported.
20. Independent Contractor. Any contractor(s) hired to construction the Project shall
not be an agent or employee of any Party and will perform such work as
independent contractor. The Parties agree and intend that Irvine and Newport
Beach are independent entities and do not intend by this Agreement to create any
partnership, joint venture, or similar business arrangement, relationship, or
association between them, except as may be agreed to expressly by this
Agreement.
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by its
duly authorized officers and representatives as of the date first set forth above.
CITY OF IRVINE
By: Luis Estevez
Acting Director of Public Works
& Sustainability
ATTEST:
By: Carl Petersen
City Clerk
APPROVED AS TO FORM
By: Jeff Melching
City Attorney
CITY OF TUSTIN
By: Michael Grisso
Director of Public Works
ATTEST:
By: Erica N. Yasuda
City Clerk
APPROVED AS TO FORM
By: David E. Kendig
City Attorney
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
ATTACHMENT 2
Location Map