18-1105_PALP INC., DBA EXCEL PAVING COMPANY_E10_Agenda ReportTO :
FROM :
SUBMITTED BY :
PREPARED BY :
DATE :
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~njamin Siegel, City Manager
Steve May, Public Works and Utilities Director,,,/~
Joe Parco, City Engineer
Paul Meshkin, Senior Civil Engineer
November 5, 2018
11/5/2018
E10
Resolution Declaring Work Completed for the Del Obispo Street
Widening Project from Paseo De La Paz to Calle Aspero (Cl P 16102)
(Palp Inc., dba Excel Paving Company)
RECOMMENDATIONS:
1. Adopt a Resolution declaring the work completed as to plans and specifications for
the Del Obispo Street Widening Project (CIP 16102) (Palp Inc., Excel Paving
Company); and,
2. Direct the City Clerk to process recording of a Notice of Completion for the Project;
and,
3. Authorize staff to release the Project retention thirty-five days after recordation of the
Notice of Completion.
EXECUTIVE SUMMARY :
Construction work was recently completed for the Del Obispo Street Widening Project
(CIP 16102). The Project widened Del Obispo Street between Paseo De La Paz and Calle
Aspero as shown on the attached location map (Attachment 1 ). The work was completed
on October 15, 2018, to the satisfaction of the Public Works and Utilities Director and is
ready for acceptance and recordation of a Notice of Completion. Staff is recommending
that the City Council adopt a resolution (Attachment 2) declaring the work completed in
accordance with the approved plans and specifications, and directing the City Clerk to
process recording of a Notice of Completion (Attachment 3).
City Council Agenda Report
November 5, 2018
Page 2 of 4
DISCUSSION/ ANALYSIS :
On October 17, 2017, the City Council awarded a construction contract for the Project to
Palp Inc. dba Excel Paving Company in the amount of $1,499,801. Three contract change
orders were issued, totaling $113, 150, to cover the cost of field changes and additional
quantities of concrete, asphalt, and other construction materials that were used. The final
construction contract cost was $1,612,952. Payment of retention to the contractor in the
amount of $80,647.60 will be made 35 days following recordation of the Notice of
Completion, after which time claims against the City for payment to any unpaid labor or
material suppliers will be barred. Additionally, a one-year warranty provided for in the
construction contract will cover any construction deficiencies that become evident within
the next year. Staff will continue to monitor the improvements throughout the one-year
warranty period.
FISCAL IMPACT:
The Project construction accounting summary below shows the Project construction
budget and expenditures, with an ending balance of $2, 109 that will be returned to the
Capistrano Circulation Fee Program Fund.
T bl f C t f B d t d E d"t a e o ons rue ion u ge an xpen 1 ures
Item Amount Totals
Project Construction Budget $1,830 ,144
Original Construction Contract ($1,499,801)
Construction Change Orders ($ 113,150)
Construction Contract Administration ($ 215 084)
Total Construction Cost ($1 828 035)
Ending Balance $ 2,109
The total Project cost, including design, environmental documentation, right-of-way
acquisition, and construction, was $2,357,441. Funding sources included a $45, 144
payment from San Diego Gas & Electric for Project costs related to their facilities, a
Measure M2 grant of $865,930 through the Orange County Transportation Authority, and
$1,446,367 from the Capistrano Circulation Fee Program Fund.
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 which 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. The present action of declaring the work to be completed for the Project
would not be an activity with potential to cause significant effect on the environment and
therefore exempt from CEQA. A Mitigated Negative Declaration for the Del Obispo Street
Widening Project was adopted by the City Council on March 21, 2017.
City Council Agenda Report
November 5, 2018
Page 3 of 4
PRIOR CITY COUNCIL REVIEW:
• On October 17, 2017, the City Council awarded a Contract for the Del Obispo Street
Widening Project between Paseo De La Paz and Calle Aspero (CIP16102) to the
lowest bidder, Palp Inc., dba Excel Paving Company, in the amount of $1,499,801.
• On August 15, 2017, the City Council approved and authorized the City Manager to
execute agreements for acquisition of real property from adjacent property owners at
32221 and 32151 Del Obispo Street and at 26112 Calle Cobblestone.
• On August 15, 2017, the City Council adopted a resolution vacating a portion of
unneeded right-of-way on Del Obispo Street.
• On July 18, 2017, the City Council adopted a Resolution of Intent declaring the City's
intent to vacate portions of Del Obispo Street right of way at 32151, 32221 , and 32351
Del Obispo Street, and setting a public hearing date of August 15, 2017, to consider
the right of way vacation.
• On June 6, 2017, the City Council approved amendments to the Professional Services
Agreements with CNC Engineering Inc. and Property Specialists Inc. to increase the
compensation amounts.
• On March 21, 2017, the City Council adopted a Mitigated Negative Declaration forthe
Project from Calle Aspero to Paseo De La Paz, and adopted a resolution approving
the Project.
• On May 23, 2016, at the budget workshop, and at the 75% design phase of the Project,
the City Council reviewed the Project and took no action, allowing the Project to
proceed through completion of design and environmental documentation.
• On November 3, 2015, the City Council approved a Professional Services Agreement
with CNC Engineering to perform professional engineering services to prepare
engineering design, specifications, cost estimates, and environmental documents for
the Project for an amount not to exceed $191, 142, which included a 10% contingency.
• On September 16, 2014, the City Council adopted a resolution authorizing submission
of an application for grant funds to OCTA for the Del Obispo Street Widening Project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
• At its February 14, 2017, meeting, the Planning Commission held a public hearing and
adopted two resolutions: 1) A resolution recommending that the City Council Adopt a
MND for the Project; and 2) A resolution recommending that the City Council approve
the Project.
• On November 10, 2016, and December 8, 2016, the Project was presented to the
DRC for review and approval of the retaining wall design at the south and north limits
of the Project.
City Council Agenda Report
November 5, 2018
Page 4 of 4
NOTIFICATIONS :
Palp Inc., dba Excel Paving Company
Christina Moor-OCTA
CNC Engineering Inc.
Property Specialist Inc.
ATTACHMENTS :
Attachment 1 -Location Map
Attachment 2 -Resolution
Attachment 3 -Notice of Completion
LS A LEGEND
--Project Location
0 175 350
FEET
SOURCE: Bing Maps (2014)
!:\CNF 1501 IGIS\ProjectLocation,mxd (1/5/2016)
FIGURE 1
ATTACHMENT 1
Del Obispo Street Widening
Project Location Map
Page 1of1
RESOLUTION NO. 18-011-05-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE DEL OBISPO STREET
WIDENING PROJECT FROM PASEO DE LA PAZ TO CALLE ASPERO,
BY PALP INC,. OBA EXCEL PAVING COMPANY (GIP 16102)
WHEREAS, on the 17th day of October 2017, the City of San Juan
Capistrano entered into a contract with Palp Inc., dba Excel Paving Company (2230
Lemon Avenue, Long Beach, CA 90806) for Del Obispo Street Widening Project from
Paseo De La Paz to Calle Aspero (GIP 16102); and,
WHEREAS, the Public Works and Utilities Director has evaluated the final
quantities and cost figures and recommends approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano, does resolve as follows:
ATTEST :
SECTION 1. That the work required to be performed by said Contractor
has been completed.
SECTION 2. That the work is hereby accepted and approved.
SECTION 3. That the City Clerk is directed to forward forthwith a Notice
of Completion to the Orange County Clerk/Recorder for
recording.
PASSED, APPROVED, AND ADOPTED this 5th day of November 2018 .
Sergio Farias, Mayor
Maria Morris, City Clerk
ATTACHMENT 2, PAGE 1 OF 1
RECORDED AT REQUEST OF AND
RETURNED TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano , CA 92675
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 27383
Maria Morris, City Clerk
San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan
Capistrano to Palp Inc., dba Excel Paving Company (2230 Lemon Avenue, Long Beach, CA
90806) for Del Obispo Street Widening Project Paseo from De La Paz to Calle Aspero (CIP
16102)
That the said work completed on October 15, 2018, by said company according to plans and
specifications, and to the satisfaction of the Public Works and Utilities Director of the City of San
Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan
Capistrano as owner, 32400 Paseo Adelanto , San Juan Capistrano, California 92675, at a
regular meeting thereof held on the 5th day of November 2018, by Resolution No. 18-11-05-XX
That upon said contract, Federal Insurance Company was the surety for the bonds given by the
said company as required by law.
Dated at San Juan Capistrano this 5th day of November 2018.
Maria Morris, City Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO)
I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of
San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the
foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly
and regularly ordered to be recorded in the Office of the Orange County Clerk/Recorder by said
City Clerk.
Dated at San Juan Capistrano this 5rh day of November 2018.
Maria Morris , City Clerk
City of San Juan Capistrano
ATTACHMENT 3, PAGE 1 OF 1