1996-1105_PARSANS CONSTRUCTION COMPANY_G1a_Agenda Report AGENDA ITEM November 5, 1996
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Budget Amendment and Ratification of the City Manager's Award of Contract - I-5
Freeway Soundwalls at San Juan Elementary School and Casitas Capistrano (Parsans)
RECOMMENDATION
1. By motion, ratify the City Manager's Award of Contract for I-5 Freeway Soundwalls at San
Juan Elementary School and Casitas Capistrano to the low responsible bidder, Parsans
Construction Company, in the amount of$231,911.40 and reject all other bids.
2. By motion, increase the project budget by $45,000 from $220,000 to $265,000.
SITUATION
A. Summary and Recommendation
Bids were opened September 12, 1996, for the above subject project. Bids were valid for 45
days through October 27, 1996. However, the City's commitment to the TCA was to have
a contract in place around September 15, 1996. When City Council approved the plans and
specifications on August 6, 1996, the City Manager was authorized to award the contract
with an item brought to City Council for ratification.
Staff recommend that the City Manager award the contract to the low responsible bidder,
Parsans Construction Company, in the amount of$231,911.40. Staff is recommending that
City Council ratify this award.
B. Background
The City has entered into Agreement with the California Corridor Contractors (CCC) to
utilize CCC funds to construct soundwalls on private property rather than on corridor right-
of-way. The Agreement states that the City will award a contract by September 15, 1996.
FOR CRY COUNCIL AGEI\S .
AGFNDA TTF.M 7 Nnvemher 5, 1996
The southbound portion of the San Joaquin Hills Transportation Corridor was opened in
1996. As a condition of construction, San Joaquin Hills Transportation Corridor Mitigation
Measure 5-1 requires that noise impacts be reduced to an acceptable level, wherever possible
for residences located along the proposed Corridor. In response to the required noise
mitigation, CCC ordered the preparation of a Noise Impact Assessment Report, which was
completed in February, 1994. The report recommended construction of soundwalls along the
Corridor through San Juan Capistrano.
In the case of two soundwalls (one at Casitas Capistrano near Junipero Serra and the other
at San Juan Elementary School near the Ortega Highway interchange), a plan for the City to
build the walls on private property has been approved. Originally, the two walls were
proposed to be located at the edge of the freeway. Through negotiations with the CCC, the
walls will be relocated onto private property.
The City approved an Agreement for Escrow and Construction of Soundwall on Private
Property on April 2, 1996, and approved an Amendment to the Agreement on July 16, 1996.
Bids were structured with a base bid which fulfills the City's commitment to the TCA and an
Additive Alternate requested by the Casitas Capistrano Homeowner's Association to extend
the wall a further 81 feet along the full length of the tract boundary. The proposed extension
is not required as a sound mitigation measure; it is requested by the HOA for neighborhood
consistency.
Six bids were received as follows:
Contractor Base Bid Additive Bid Total Bid
Parsans Construction $218,647.40 $13,264.00 $231,911.40
Company
Heritage Engineering $223,357.50 $12,508.00 $235,865.50
Construction, Inc.
R. Fox Construction, Inc. $227,036.00 $11,650.00 $238,686.00
Arteck Engineering $245,923.00 $12,840.00 $258,807.00
Mountain Pacific, Inc. $248,923.80 $24,748.00 $273,671.80
Peterson Chase General $279,865.00 $26,960.00 $306,825.00
Engineering Construction
No subcontractors were named with Parsans' bid.
AGRNT)A 1TFM Nnvemher 5, 1996
The Casitas Capistrano Homeowner's Association has indicated that it wishes to have the
additional 81 feet constructed at HOA expense but has asked the City to negotiate a height
reduction to 6' or 7' and consequent cost saving on its behalf(Attachment No. 2). Due to the
need to enter into a contract by September 15, 1996, the City Manager has executed the
contract with Parsans Construction Company.
COMMISSIONBOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
The 1996-1997 approved Capital Improvement Program identifies $220,000 for this project,
$155,000 from TCA and $65,000 from Systems Development. The City's share is to be reimbursed
by TCA from future toll revenue.
Additional to the construction contract, there is a need for project inspection and material testing at
$23,000 and $5,000 administration. Also, the City committed to landscape the San Juan Elementary
School side of that soundwall and Staff is recommending an allocation of$5,000 to fund this design.
Staff is, therefore, recommending a budget increase of$45,000 from Systems Development to cover
these costs. The Systems Development Fund is currently overdrawn and funds will be borrowed from
the City's Sewer Fund.
NOTIFICATION
San Joaquin Hills Transportation Corridor Agency
California Corridor Contractors
Orange County Transportation Authority
Joe Dixon, Capistrano Unified School District
Christine Padilla, Casitas Capistrano Homeowner's Association
Parsans Construction Company
Heritage Engineering Construction, Inc.
R. Fox Construction, Inc.
Arteck Engineering
Mountain Pacific, Inc.
Peterson Chase General Engineering Construction
' AGRNDA TTRM 4 Nnvemher 5, 1996
ALTERNATE ACTIONS
1. By motion, ratify the City Manager's Award of Contract for I-5 Freeway Soundwalls at San
Juan Elementary School and Casitas Capistrano to the low responsible bidder, Parsans
Construction Company and increase the project budget by $45,000 from $220,000 to
$265,000 from Systems Development, initially borrowed from the City's Sewer Fund.
2. Do not ratify the Award of Contract.
3. Request more information from Staff.
RECOMMENDATION
1. By motion, ratify the City Manager's Award of Contract for I-5 Freeway Soundwalls at San
Juan Elementary School and Casitas Capistrano to the low responsible bidder, Parsans
Construction Company, in the amount of$231,911.40 and reject all other bids.
2. By motion, increase the project budget by $45,000 from $220,000 to $265,000.
Respectful) submitted, Pr red by
1 liam . uber, nan Perry, P.E.
Director of Engineering & Building Project Manager
WMH/BP:ssg
Attachments: 1. Contract
2. HOA Letter
a:\agendas\11-5wal.bp
• CONTRACT L
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CITY" and Parsans Construction Company, 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. 1994 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 1-5 Freeway Soundwalls Adjacent to San Juan Elementary School and Casitas
Capistrano 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 impractible 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,
Attachment 1
1
� r
CONTRACTO all pay CITY, as liquidated damages, not in the nature of a penalty, Two Hundred
Fifty Dollars ($250) per calendar day for each day delayed; provided that extensions of 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 for an amount of one hundred percent
(100%) 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 for a period of one (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.
Attachment 1
2
SEVENTH. INSURANCE. CON TRACTOR 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 One 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,
including owned, hired, and non-owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/ not limited to contractual period;
$1,000,000 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 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
3 Attachment 1
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.
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 ofn Juan Capistrano
DATED: (C)///q 6BY: .Ak,--
CIT AG:R
BY: did
CONTRACTOR, LICE T� ferAND CLASSIFICATION
ATTEST:
(14E.2-te. •
Cheryl Johnson, Ci ler I
JOVED AS TO :14/4
' .hard K. Denhalter, City Attorney
Attachment 1
4
INDEPENDENT
October 2, 1996
Brian Perry
Senior Civil Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Ca 92675
Re: Casitas Capistrano Association No. Two, Inc.
Dear Mr. Perry:
Thank you for your attendance at our Board of Directors Meeting for the Casitas
Capistrano Association No. Two, Inc. After your departure, the Board of Directors did
review the material to expand the sound wall adjacent to the north side of Calle
Chueca.
The Board of Directors approved the expansion of the sound wall from 319' - 400'.
However, the Board is on a limited budget and requests the additional wall be tapered
so that most of the 81' would be 6'-7' high; thus lower the estimated cost.
Please forward the revised estimates to my attention. Again thank you for your
assistance in this matter.
Sincerely,
Agents for the Board of Directors
Casitas Capistrano Association No. Two, Inc.
Pc
Christine Padilla
Account Executive
Attachment 2
TSG Independent Property Management, Inc.
PO. Box 7027, Laguna Niguel, CA 92607, (714) 495-3503
FAX (714) 495-4811