20-0818_C.S. LEGACY CONSTRUCTION, INC._Agenda Report_F2aCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Thomas Toman, Public Works Director
PREPARED BY: Joe Parco, P.E., City Engineer
Paul Meshkin, P.E., Senior Civil Engineer
DATE: August 18, 2020
SUBJECT: Award of Contract for Construction of the Northwest Open Space
Community Park Project – Putuidem Cultural Village (CIP 09209)
(C.S. Legacy Construction Inc.), and Transfer of Funds to Ortega
Highway/Del Obispo Street Gateway Landscaping Project (CIP
20205)
RECOMMENDATION:
1.Award a construction contract for the construction of the Northwest Open Space
Community Park Project – Putuidem Cultural Village (CIP 09209) to the lowest
bidder, C.S. Legacy Construction Inc., in the amount of $1,179,033; and,
2.Authorize the City Manager to execute the contract and approve change orders for
a total contract increase amount not-to-exceed $177,000; and,
3.Authorize the City Manager to transfer the Project’s anticipated budget savings to
the Ortega Highway/Del Obispo Street Gateway Landscaping Project (CIP 20205).
EXECUTIVE SUMMARY:
The Northwest Open Space Community Park Project – Putuidem Cultural Village was
advertised for construction on February 13, 2020, and seven bids were received on March
12, 2020. A location map is included as Attachment 1. To allow sufficient time to assess
the fiscal impacts of the COVID-19 pandemic, the City Council temporarily delayed award
of the construction contract for the project. Based on recent City Council direction to
advance the project, staff is recommending that the City Council award a construction
contract (Attachment 2) to the lowest responsive and responsible bidder, C.S. Legacy
8/18/2020
F2a
City Council Agenda Report
August 18, 2020
Page 2 of 7
Construction Inc., in the amount of $1,179,033 and authorize the City Manager to approve
change orders for a total contract increase amount not-to-exceed $177,000 (15% of the
contract amount). Additionally, staff is recommending that the anticipated budget savings
– estimated to be approximately $500,000 – be transferred to the Ortega Highway/Del
Obispo Street Gateway Landscaping Project, which is expected to be ready for
construction bidding in early fall 2020.
DISCUSSION/ANALYSIS:
Project Description
The project site is located within the City’s Northwest Open Space property and is
bounded by Camino Capistrano to the east, the Southern California Regional Rail
Authority right-of-way to the west, the Dr. Joe Cortese Dog Park to the southeast, and an
existing equestrian staging area, additional open space, and the confluence of Trabuco
Creek and Oso Creek to the south. The project incorporates approximately 1.5 acres of
land and includes a cultural area (discussed below) and two Americans with Disability Act
(ADA) accessible parking spaces. A new wood rail fence will be installed along the new
park’s boundary, and the existing fencing (along the existing dirt road leading from the
entry gate to the equestrian staging area) would remain in place. The cultural village
would include permeable surface materials and would be slightly graded to allow water
to percolate into the ground. A concrete pad will be installed south of the cultural village
area to accommodate two ADA-compliant porta-potty restrooms, and water to the park
will be provided by an existing potable waterline.
The majority of the project involves a cultural area that will include a presentation area
with seating, a discovery trail, shade trees, and various depictions of Acjachemen culture
to represent the land’s history. Amenities in the cultural village include ramadas, kiichas,
manos, and metates. Additionally, directional markers as well as interpretive-educational
signage will be placed around the park. The amphitheater area will include boulders, log
seats, and a stage with a decomposed granite surface. The surrounding areas of the
park will have mounding with native plant habitat.
Background and Construction Bids
On December 3, 2019, the City Council approved revised Plans and Specifications for
the project, and authorized staff to solicit and receive construction bids. The approved
Concept Plan is provided as Attachment 3. On March 12, 2020, the City received and
opened seven bids for construction of the project. Each bid included a Base Bid and an
Alternate Bid for optional construction items that can be added to the Base Bid after the
Bid opening. The bid documents included five potential Alternate Bid items and the City
has the option to add any or all of these items to the base contract price. The proposed
contract is based on four of the five Alternate Bid items, at a cost of $37,276. The contract
for construction is awarded to the lowest responsive and responsible bidder based on the
Base Bid only. Below is a summary of the bids received listed in order of bid amount.
The lowest bid (in the amount of $817,200) was withdrawn due to a mathematical error
on the part of the bidder. Bids were valid until June 10, 2020.
City Council Agenda Report
August 18, 2020
Page 3 of 7
As a result of the COVID-19 pandemic, the project was suspended until the financial
effects from the pandemic could be further assessed. On July 21, 2020, following
discussion of funds available for the ongoing maintenance of the future Northwest Open
Space Community Park, the City Council provided direction to proceed with the project.
Staff contacted the lowest responsive bidder, C.S. Legacy Construction, Inc., which
agreed to hold its original bid prices. This will save the time and expense of re-bidding
the project.
Summary of Bid Results
Bidders Base Bid
Amounts
Alternate Bid
Amounts
Michael Feghali (dba) Sparea (Bid Withdrawn) $817,200 $99,000
C.S. Legacy Construction Inc. $1,141,757 $90,124
Landscape Support Services $1,195,602 $168,550
Environmental Construction, Inc. $1,197,461 $92,875
Los Angeles Engineering, Inc. $1,248,579 $121,000
R2Build dba R2B Engineering $1,400,380 $150,000
Horizon Construction Co. Int’l, Inc. $1,574,093 $159,000
Overall, the City received positive interest in the project and the construction bid amounts
received were reasonably spread throughout the bidders. The lowest responsive bid for
the Base Bid was $1,141,757 submitted by C.S. Legacy Construction, Inc.; its Alternate
Bid amount for five items was $90,124. Staff has checked C.S. Legacy’s references,
licenses, and payment bond surety, and has received positive feedback on the past
performance of this contractor, which includes the recent construction of the City’s
Verdugo Street Beautification Project.
Staff is recommending the inclusion of four of the five Alternate Bid items:
• Six litter receptacles
• Four bike racks
• Five picnic tables
• Three ADA accessible picnic tables
The total cost of the four Alternate Bid items is $37,276. The fifth Alternate Bid item – two
decorative park entry signs – is not recommended for inclusion into the project due to its
cost ($52,848). Rather, at a significant cost savings to the City, staff will implement two
robust monument signs similar to what is used at other City parks and facilities.
Consequently, staff is recommending award of the construction contract to C.S. Legacy
Construction, Inc. in the amount of $1,179,033 to include both the Base Bid and four of
the five Alternate Bid items.
A time limit of 60 working days from the date of a Notice to Proceed has been set for
completion of construction, with expected completion in late fall 2020. As with any
construction project, the schedule may be extended by inclement weather or discovery of
unknown underground conditions.
City Council Agenda Report
August 18, 2020
Page 4 of 7
FISCAL IMPACT:
The total budget for design and construction of the Northwest Open Space Community
Park is approximately $2,800,000. To date, approximately $400,000 has been spent on
design, leaving approximately $300,000 for bidding and construction support and
approximately $2,100,000 for construction.
Construction funding is provided through Measure Y Open Space Bonds funds
($787,000), Community Facilities District Bonds ($1,219,000), and Park and Recreation
Developer Impact Fees ($57,000). In accordance with municipal accounting practice, the
more restricted funding (Measure Y and Park and Recreation Developer Impact Fees)
will be expended first, leaving Community Facilities District Bond funds as the likely
source for any project savings available at the completion of the project. The table below
outlines the total project budget and anticipated savings.
Project Fund Sources and Uses
Items Amounts
Total Project Cost
C.S. Legacy Construction Inc. Construction Contract $1,179,033
15% Contingency $177,000
Contract Administration and Support Services * $204,000
Total $1,560,033
Total Project Funding
Measure Y Open Space Bonds funds $787,000
Community Facilities District Bonds $1,219,000
Recreation Developer Impact Fees $57,000
Current available Project budget (total) $2,063,000
Remaining Balance $502,967
*Contract Administration includes staff project management, material testing and
inspection, contract inspection services, and archeological and Native American
monitoring services.
As noted above, staff anticipates that roughly $503,000 will be available at the completion
of this project from unspent Community Facilities District bond funds. On July 21, 2020,
concurrent with authorization to advance the Northwest Open Space Community Park
Project, the City Council directed staff to re-initiate the Ortega Highway/Del Obispo Street
Gateway Landscaping Project. The Gateway Landscape Project will add landscape and
hardscape improvements to three parcels at this highly-visible entry to the downtown, and
complement the recently-constructed private landscape improvements at the new hotel
site. Design of the Gateway Landscape Project is nearing completion, and funding for
the project was previously appropriated from the General Fund. By transferring the
anticipated budget savings from the Northwest Open Space Community Park Project to
City Council Agenda Report
August 18, 2020
Page 5 of 7
the Gateway Landscape Project, a corresponding amount can be relieved from the
Gateway Landscape Project budget and returned to the General Fund reserve balance.
ENVIRONMENTAL IMPACT:
The City’s environmental consultant prepared an Initial Study pursuant to Section 15063
of the California Environmental Quality Act (CEQA) Guidelines. On May 15, 2018, the
City Council adopted a Mitigated Negative Declaration (MND) pursuant to Section 15070
of the CEQA Guidelines (State Clearinghouse # 2017111084). The MND includes
mitigation measures that will ensure that the project will not result in any significant
adverse effects on the environment. On November 28, 2017, a Notice of Intent (NOI) to
adopt a Mitigated Negative Declaration was filed with the Orange County Clerk Recorder.
The public review period was from November 28, 2017, to December 27, 2017, which
was extended to January 5, 2018. The City posted a Notice of Determination (NOD) on
May 17, 2018, pursuant to Section 15072 of the CEQA Guidelines.
PRIOR CITY COUNCIL REVIEW:
• On July 21, 2020, the City Council, as part of the Third Quarter Budget Update for
Fiscal Year 2019-2020, directed staff to reinitiate and advance the Northwest Open
Space Community Park Project.
• On May 5, 2020, the City Council directed staff to temporarily suspend
nonessential capital projects in light of the COVID-19 pandemic, including the
Northwest Open Space Community Park Project, the Gateway Landscape Project
and the Skatepark Project.
• On December 3, 2019, the City Council approved revised plans and specifications
for the Northwest Open Space Community Park Project, and authorized staff to
advertise and receive construction bids for the project.
• On September 17, 2019, the City Council received and filed an informational report
on community feedback provided at Northwest Open Space public workshops and
via an online survey; directed staff to proceed with the final design plans for the
Putuidem Village Project; authorized staff to amend the contract with NUVIS
Landscape Architectural and Planning to modify the original plans and
specifications to reflect the revised scaled down project; directed staff to correct -
within the next six months - the zoning on the Northwest Open Space with a
Specific Plan to allow for the Putuidem Village as well as for the other current uses
on the property; and, for staff to go back to Red Tail Acquisition and Capistrano
Vineyards to see if they would like to revise their plans to be more consistent with
the feedback provided by the community through the public workshops and the
online survey.
• On April 16, 2019, the City Council voted to defer action on the Northwest Open
Space Community Park Project, as well as suspend preparation of an Exclusive
City Council Agenda Report
August 18, 2020
Page 6 of 7
Negotiation Agreement with Red Tail Acquisitions, LLC, until the public had an
opportunity to provide input on preferred uses for the overall NWOS property.
• On October 2, 2018, the City Council rejected all bids for construction of the
Northwest Open Space Community Park Project and directed staff to work with
project stakeholders to reevaluate the scope of work to determine whether some
elements of the project can be modified or eliminated to reduce costs.
• On May 15, 2018, the City Council adopted a resolution approving a Mitigated
Negative Declaration for the project (SCH# 2017111084) pursuant to the California
Environmental Quality Act (CEQA) and the CEQA Guidelines, approved plans and
specifications for the project, authorized staff to advertise and receive construction
bids for the project, authorized staff to issue a Request for Proposals (RFP) for
archeological and paleontological services, and confirmed use of the Farm
Operations Fund to cover annual maintenance costs of the Project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On December 5, 2016, the Trails and Equestrian Commission held a meeting and
work-session to review the design and sustainability for the project.
• On October 17, 2016, the Parks, Recreational, Senior and Youth Services
Commission and the Putuidem Committee held a meeting and work-session to
review the design and sustainability for the project and directed staff to bring
recommendations back to the City Council in support of the previously approved
Option 4 Concept Plan with suggestions for specific cost saving measures. The
Commission also recommended against a Request for Proposal (RFP) process for
additional concepts.
NOTIFICATIONS:
• CS Legacy Construction Inc.
• Michael Feghali (dba) Sparea
• Landscape Support Services
• Environmental Construct ion Inc.
• Los Angeles Engineering Inc.
• R2Build dba R2B Engineering
• Horizon Construction Co. Int’l, Inc
• NUVIS Landscape Architecture and Planning
• Phil Schwartze
• Susie Wernet (Friends of the Library)
• Jeff Singer (Friends of the Library)
• Katherine Ransom
• Putuidem Committee
• Jerry Nieblas, Capistrano Historical Alliance Committee B. of D.
• Nathan Banda, Four Directions Education
City Council Agenda Report
August 18, 2020
Page 7 of 7
• Parks, Recreation, Senior and Youth Services, Trails and Equestrian Commission
• Chad Kearns, Hamilton Oaks
• Linda Kearns, Hamilton Oaks
• Sean Magee, Hamilton Oaks
• Tom Tolmasoff, Mountain Pines
• Hilary Haskell, San Diego Gas & Electric
• Scott Morgan, State Clearinghouse
• Richard Vuong, Orange County Public Works
• Joseph Ontiveros, Soboba Band of Luiseno Indians
• Rudy Reyes, Juaneno Band of Mission Indians
• Terri Morris, Richard A. Tinnelly Law Offices
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Construction Contract
Attachment 3: Concept Plan
Location Map Northwest Open Space Community Park
Park location
North to Laguna Niguel
Junipero Serra Road
South to Downtown San Juan Capistrano
ATTACHMENT 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
_______________________________________________, 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:
a.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:
NORTHWEST OPEN SPACE COMMUNITY PARK, CIP 09209
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.
a.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 City’s Notice to Proceed. The Contractor shall
complete all Work required by the Contract Documents within 60 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.
b.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
____________________________________________________________________ Dollars
($_________________________________). Payment shall be made as set forth in the General
Conditions.
c.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 1.11 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.
d.COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the
following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
ATTACHMENT 2
Page 1 of 87
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
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.
e. 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
provisions of the California Labor Code and California Public Contract Code which are applicable
to this Work.
f. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in
the General Conditions.
g. 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 87
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF SAN JUAN CAPISTRANO
Name of Contractor
By
_____________________________________
Name and Title:
_________________________
License No.
____________________________
Date:
__________________________________
By______________________________
Benjamin Siegel, City Manager
Date:
____________________________
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
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
12 August 20
ATTACHMENT 2
Page 3 of 87
61147.02100\20950242.4 -43- NORTHWEST OPEN SPACE COMMUNITY PARK,
CIP 09209
Notary Acknowledgment
A notary public or other officer completing 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 , 20___, before me, _______________________________, Notary Public, personally
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 DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Simplified Plan
NORTH WEST OPEN SPACE COMMUNITY PARK
City of San Juan Capistrano, CA N.T.S.
CORONNE STATUE
TEMPORARY LOCATION
ENTRY WOOD GATES
RAMADAS, SIX (6) TOTAL
KIICHAS, SIX (6) TOTAL
6’ WIDE DECOMPOSED GRANITE
PATH WITH HEADER (ADA
COMPLIANT)
ACCESS TO PUTUIDEM VILLAGE
LOW NATIVE PLANTING
AMPHITHEATER
TWO (2) PARKING ADA STALLS
COMMUNITY STONE
3” LAYER OF BARK MULCH
DECOMPOSED GRANITE
EDUCATIONAL LOOP PATH
INTERPRETIVE PANELS SIX (6) TOTAL
DIRECTIONAL MONUMENTS
FIVE (5) TOTAL
NEW TREES
PICNIC TABLES TOTAL OF TEN (10)
CONCRETE ‘PEBBLE’ BENCH FIVE
(5) TOTAL (SEE IMAGE BELOW)
PORT-A-POTTYS
VILLAGE ENTRY SIGN
DRINKING FOUNTAIN
HOSE BIB
PEDESTRIAN GATE
‘NO HORSES’ SIGNAGE
LEGEND
1
2
3
4
5
6
7
1
2
2
3
4
5
6
7
7
3
4
7
7
17
8
8
9
9
10 10
11
1112
13
13
14
14
13
15
16
17
18
19
20
20
21
22
6
14
15
15
19
19 5
23
22
23
23
13
16
17
17
16
16
CONCRETE ‘PEBBLE’ BENCH
(By QCP - non-polished finish, color
Adobe Taupe)
12
12
18
17
13
14
13
14
14
21
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