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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