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18-0206_UNITED BUILDING & DEVELOPMENT SERVICES_E7_Agenda ReportTO: FROM: SUBMITTED BY: PREPARED BY : DATE : SUBJECT : City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ;JiJ?njamin Siegel, City Manager Steve May, Public Works and Utilities Director df!!A.A- Joe Parco, P.E., City Engineer Paul Meshkin, P.E., Senior Civil Engineer February 6, 2018 2/6/2018 E7 Consideration of Award of a Construction Contract for the Trellis Roof Repair and Reconstruction Project at the Train Station (United Building and Development Services LLC) RECOMMENDATION : 1. Award a Contract for the T rellis Roof Repair and Reconstruction Project at the Train Station to the lowest responsible bidder, United Building and Development Services LLC, in the amount of $110,734; and, 2. Authorize the City Manager to execute the contract and approve change orders that will not increase the contract amount by more than $11,000. EXECUTIVE SUMMARY: The Trellis Roof Repair and Reconstruction Project at the Train Station on Verdugo Street was advertised for construction on December 11, 2017, and one bid was received and opened on December 21 , 2017. The general area of the Project is shown on Attachment 1. Staff evaluated the bid and is recommending that the City Council award a construction contract (Attachment 2) to the lowest responsible bidder, United Building and Development Services LLC, in the amount of $110,734. Staff is also recommending that the City Manager be authorized to approve change orders to the contract that will not increase the contract amount by more than $11,000, which is 10% of the base contract amount. City Council Agenda Report February 6, 2018 Page 2 of 2 DISCUSSION/ANALYSIS : The work involves repair and reconstruction of the wood and metal roof for one of the two trellises located adjacent to the train platform on Verdugo Street that had been rotted and damaged. Only one bid was received in the amount of $110,734. The Engineer's Estimate was $112,000. To allow for rapid resolution of any unknown conditions that can result in extra cost, a 10% contingency of $11,000 will be included in the contract amount, and it is recommended that the City Manager be authorized to approve construction change orders up to this amount. FISCAL IMPACT : There is no fiscal impact to the City as the cost of this project will be paid by the California Joint Power Insurance Authority (JPIA). ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Award of a contract for the Trellis Roof Repair and Reconstruction Project at the Train Station would not be an activity with potential to cause significant effect on the environment, and is therefore exempt from CEQA. PRIOR CITY COUNCIL REVIEW: Not Applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This Project does not require commission, committee, or board review. NOTIFICATION: United Building and Development Services LLC. ATTACHMENTS: Attachment 1 -Location Map Attachment 2 -Construction Contract ATIACHMENT 1, PAGE 1 OF 1 00 52 13 -CONTRACT This CONTRACT, No. is made and entered into this __ day of , , by and between City of San Juan Capistrano, sometimes hereinafter called "City," and United Building and Development Services, LLC, sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Trellis Roof Repair and Reconstruction at the Train Station -Verdugo Street The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the District's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 10 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Ten Thousand Seven Hundred Thirty Four Dollars {$11 0, 734). Payment shall be made as set forth in the General Conditions. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.10 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Informal Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Attachment 2, Page 1 of 5 Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary . Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal , state and local laws, rules and regulations, including, but not limited to, the provis ion s of the California Labor Code and California Public Contract Code which are appl icable to this Work . INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site . [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Attachment 2, Page 2 of 5 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. United Building and Development Services, LLC By ______________________________ __ Name and Title: ____________________ _ License No. ------------------------ Date: ____________________________ _ (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) CITY OF SAN JUAN CAPISTRANO By ________ ~---------------- Benjamin Siegel, City Manager Date : ______________________ __ Approved as to form this ___________ day of ________ 20 Attorney for City of San Juan Capistrano ATTEST : By: City Clerk San Juan Capistrano END OF CONTRACT Attachment 2, Page 3 of 5 Notary Acknowledgment A notary public or other officer complet ing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ________ __ On __ ~----------~ personally 20_, before me, _______________ , Notary Public, appeared ---------------------------------' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER o Individual n Corporate Officer Title(s) n Partner(s) D Limited o General o Attorney-In-Fact o Trustee(s) n Guardian/Conservator o Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Attachment 2, Page 4 of 5 Attachment 2, Page 5 of 5