08-0819_BARBARA BUTLER ARTIST-BUILDER INC_G1a_Agenda Report8/19/2008
AGENDA REPORT G 1 a
TO: Dave Adams, City Manager
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Award of Contract for The Los Rios Park and Parking Lot
Improvement Project and Approval of Personal Services Agreements for
Construction Support Services With Lawson & Associates Geotechnical
Consulting (LGC), PCR Services Corporation Associates (PCR), Moore
lacofano Goltsman, Inc. (MIG), David Volz Design (DVD), and Barbara Butler
Artist -Builder, Inc. (BBAB). (Environmental Construction, Inc.)(CIP No. 465)
City Council Priority No. 17A
By motion,
1. Award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP
No.465) to the low responsible bidder, Environmental Construction, Inc., in the amount
of $2,930,592.80, and reject all other bids; and,
2. Approve Personal Service Agreements with Lawson & Associates Geotechnical
Consulting, PCR Services Corporation Associates, Moore lacofano Goltsmans, Inc.,
David Volz Design, and Barbara Butler Artist -Builder, Inc. for construction support
services in the total amount of $254,340.
SITUATION
A. Summary and Recommendation
Bids opened on June 17, 2008, for the Los Rios Park and Parking Lot Improvement
Project. Bids are valid until September 15, 2008, 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, Environmental Construction, Inc., in the amount of
$2,930,592.80, and approve the Personal Services Agreements with LGC, PCR,
MIG, DVD, and BBAB for construction support services in the combined. amount of
$254,340 as specifically provided below.
B. Backaround
On May 6, 2008, City Council approved the Plans and Specifications for the Los
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receive bids for construction.
lowest bids listed as follows:
Environmental Construction, Inc.
Metro Builders
Zusser Company, Inc.
August 19, 2008
12) bids were received with
$2,880,529.80
$2,995,618.26
$3,059,505.30
R.M Electrical, CME Masonry, Fence Corp., SM Scott Michael, Golden State
Framers, and Mesa Roofing were listed as subcontractors for the low responsible
bidder, Environmental Construction, Inc.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
On April 4, 2006, City Council approved the Los Rios Park Master Plan and directed staff
to prepare construction plans and specifications for the project. Over the last year, the
conceptual designs and detailed plans have been reviewed by the Design Review
Committee, Parks, Recreation & Equestrian Commission, Cultural Heritage Commission
and Planning Commission. On August 21, 2007, City Council reviewed the comments and
recommendations by City Commissions and Committees and directed staff to proceed with
development of project construction plans and specifications. On May 6, 2008, City Council
approved the Plans and Specifications for the project and directed staff to advertise and
received bids for construction.
FINANCIAL CONSIDERATIONS
A total of $3,535,000 is budgeted for construction in CIP account number 12-65300-4713-
465 for FY 2007-2008. Funding in this account is made up of the following:
• 2002 Resources Bond Act Per Capita Grant Program $ 220,000
• 2002 Resources Bond Act Roberti-Z'berg-Harris Block Grant $ 93,963
• Community Redevelopment Agency (CRA) $ 1,250,000
• Community Facility District (CFD) $ 1,000,000
• Parks & Recreation $ 971,037
In addition to Environmental Construction's base bid of $2,880,529.80, staff is
recommending the inclusion of bid alternates (or "add items') in the amount of $50,063 as
part of the project for a total contract amount of $2,930,592.80, as follows:
• Equestrian fencing $ 24,063
• Secondary irrigation system $ 26,000
Due to limited funding, the following bid alternates are deferred from construction at this
time. Component items may be added in the latter part of construction depending on
available contingency funds for this project:
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Arbors ("C", "D", and "E")
Landscape boulders ("R1", "132", and "R3" boulders)
Staff is also recommending the following construction supportservices to complement staff
inspection and review of the project, and for the fabrication, delivery, installation, and
certification of a play structure in the total amount of $254,340 to be included as part of the
project:
• Geotechnical (LGC) $ 13,510
• Archeologist & Native American Monitor (PCR) $ 53,710
• ADA Inspector / Certification (MIG) $ 11,280
• Landscape / Civil / Electrical Consultants (DVD) $ 35,940
• Barbara Butler Artist -Builder, Inc. (BBAB) $ 139,900
Related development permit and other fees / charges in the total amount of $160,764 for
the construction of this project are as follows:
• Recycled Water Development Charges $ 12,870
• Domestic Water Development Charges $ 94,444
• Grading, Landscaping & Building Permit Fee $ 200
Sewer Connection Fee $ 4,075
• Drainage Fee $ 4,175
Project Administration / Construction Management / Inspection $ 45,000
In summary, a total funding of about $3,345,697 will be needed to construct the project.
Based on available project funds of about $3,454,000 (as of June 30, 2008), a contingency
fund of approximately $108,303 (about 3.8% of the base bid amount) is available to
address any unforeseen circumstance(s) that may arise during construction.
Future maintenance costs for the Los Rios Park and parking lot facilities will be assessed
after completion of the project.
NOTIFICATION
CAL -PAC Engineering Company, Inc.
Landmark Site Contractors
SMC Construction Company
Metro Builders & Engineers Group, Ltd.
C.S. Legacy Construction, Inc.
Pima Corporation
Zusser Company, Inc.
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Great West Contractors, Inc.
Park West Landscape, Inc.
Los Angeles Engineering, Inc..
Bluefin Construction, Inc.
Environmental Construction, Inc.
Lawson & Associates Geotechnical Consulting, Inc.
PCR Services Corporation
Moore lacofano Goltsman, Inc.
David Volz Design
Barbara Butler Artist -Builder, Inc
RECOMMENDATION
By motion,
August 19, 2008
1. Award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP
465) to the low responsible bidder, Environmental Construction, Inc., in the amount of
$2,930,592.80, and reject all other bids; and,
2. Approve Personal Service Agreements with Lawson & Associates Geotechnical
Consulting, PCR Services Corporation Associates, Moore lacofano Goltsmans, Inc.,
David Volz Design, and Barbara Butler Artist -Builder, Inc. for construction support
services in the total amount of $254,400.
Respectfully submitted:
Prepared by:
Nasser Abbaszadeh, P.E. Khoon Tan, P.E.
Public Works Director Associate Engineer
Attachment(s): 1. Contract (Environmental Construction, Inc.)
2. Personal Services Agreements (LGC, PCR, MIG, DVD and BBAB)
3. Location Map
CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY" and ENVIRONMENTAL CONSTRUCTION, INC. 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, the Standard
Specifications for Public Works Construction "Green Book", 2006 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 LOS RIOS PARK AND PARKING LOT IMPROVEMENTS in 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 time;
therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty,
One Thousand Dollars ($1,000) per calendar day for each day delayed; provided that extensions of
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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 foran amount of one hundred percent
(1009/6) 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 fora period ofone (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.
CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal
services of any attorney representing the CITY in any action brought to enforce or interpret the
obligations of this agreement, and such sums shall be made a part of any judgment in such action
against CONTRACTOR if such action is determined in favor of said CITY. The required
Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay
attorney's fees incurred by CITY in enforcing this agreement.
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. CONTRACTOR 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 Two 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,
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including owned, hired, and non -owned vehicles in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/ not limited to contractual period;
$2,000,000 injury to more than one person/any one 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 indemnify, 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 SUB -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.
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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:
Joe Soto, Mayor
ATTEST:
Margaret R Monahan, City Clerk
APPROVED AS TO FORM:
Omar Sando I, City ttomey
By:
tractor
License No.
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Classification
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ATTACHMENT 2
The Personal Service Agreements for the
following item are available for review at the
City Clerks office:
Lawson & Associate Geotechnical Consulting
PCR Services Corporation Associates
Moore lacofano Goltsman, Inc.
David Volz Design
Barbara Butler Artist -Builder
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THE CITY OF
SAN JUAN CAPISTRANO
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LOS RIOS PARK SITE
47
LOS RIOS PARK
AND PARKING LOT PROJECT
(CIP NO. 465)
0 3000 6000 9000 Feet
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