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20-0721_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: July 21, 2020 SUBJECT: Award of Contract for Construction of the Paseo Adelanto Parking Lot Expansion Project (CIP 20204) (C. S. Legacy Construction Inc.); and a Determination that Said Action is Categorically Exempt from the California Environmental Quality Act. RECOMMENDATION: 1.Award a construction contract for the Paseo Adelanto Parking Lot Expansion Project (CIP 20204) to the lowest responsible bidder submitting a responsive bid, C.S. Legacy Construction Inc., in the amount of $209,575; and, 2.Authorize the City Manager to execute the contract and approve change orders for a total construction contingency not to exceed $30,000; and, 3.Find that the Paseo Adelanto Street Parking Lot Expansion Project is exempt from CEQA review under Class 11 exemption based on the reasons and findings below; and, 4.Find that the exceptions to the Class 11 exemption are inapplicable to the Paseo Adelanto Parking Lot Expansion Project; and, 5.Direct staff to prepare, execute and file a Notice of Exemption within five (5) days after the City Council takes action on this item. 7/21/2020 F2a City Council Agenda Report July 21, 2020 Page 2 of 5 EXECUTIVE SUMMARY: The Paseo Adelanto Parking Lot Expansion Project (CIP 20204) was advertised for construction on June 11, 2020, and five bids were received on July 6, 2020. A location map is included as Attachment 1. Staff recommends that the City Council award a construction contract to the lowest responsible bidder submitting a responsive bid, C.S. Legacy Construction Inc., in the amount of $209,575 (Attachment 2). The lowest bidder was found to be non-responsive as its bid failed to acknowledge one of the two addenda that had been issued prior to the bid opening date. It is also recommended that the City Manager be authorized to approve change orders in an amount not-to-exceed $30,000, which is approximately 15% of the base contract amount. DISCUSSION/ANALYSIS The Project is located at the corner of Paseo Adelanto and Ramos Street. The Project will increase the number of parking spaces in this City-owned and maintained parking lot from 26 to more than 100 spaces, which is intended to provide additional parking for downtown business employees and visitors to the Los Rios area. The project scope of work includes clearing and grading of the existing gravel parking lot and construction of a new 6” thick gravel section, construction of five concrete American with Disabilities Act (ADA) parking stalls, and a new concrete driveway accessed from Paseo Adelanto. The existing driveway, located on Ramos Street, will be repurposed as an emergency vehicle access point for the new expanded parking lot. The installation of new parking lot lighting with enhanced safety features was included as a Bid-Alternate item. Background and Bid Overview The Project was originally advertised on May 8, 2020 using the City’s informal bidding procedure. Two bids were received, with both higher than the Engineer’s Estimate and exceeding the threshold for receiving informal construction bids. Consequently, on June 2, 2020, the City Council rejected all bids and authorized staff to adjust the scope of the Project and re-advertise to receive new construction bids following the City’s formal bidding procedure given the anticipated cost. The scope was revised so that the parking lot lighting element was a Bid-Alternate, and the Project was re-advertised on June 11, 2020. Five bids were received on July 6, 2020. The total bid of the lowest responsible bidder who submitted a responsive bid, which also included the Bid-Alternate item, exceeds the total Project budget. As a result, staff is recommending not to include the Bid-Alternate item in the proposed contract with C.S. Legacy Construction Inc. Rather, staff intends to utilize on-call City contractors to construct the parking lot lighting at a lower cost to the City. City Council Agenda Report July 21, 2020 Page 3 of 5 Summary of Bid Results Bidders Bid Amounts Alfaro Communication Construction, Inc. $175,522 C.S. Legacy Construction Inc. $209,575 All American Asphalt $217,766 LC Paving & Sealing, Inc. $238,532 Asphalt Fabric and Engineering, Inc. $496,852 Two of the five bids received, including the lowest overall bid from Alfaro Communication Construction, Inc., were found to be non-responsive as their construction bids failed to acknowledge one of the two addenda that had been issued during the bid period. The Project specifications indicate that “Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.” The remaining three bids were complete and responsive to the bid documents and are valid until October 4, 2020. Overall, the City received positive interest in the Project, and staff has checked C.S. Legacy Construction Inc. 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. A Project time limit of 20 working days from the date of a Notice to Proceed has been set for completion of construction, with expected completion in September 2020. As with any construction project, the schedule may be extended by inclement weather or discovery of unknown underground conditions. FISCAL IMPACT: The available Project budget is $275,000, which staff anticipates to be sufficient to cover the construction contract, an approximate 15% Project contingency, and soft costs associated with contract administration and construction support Should there be a funding shortfall for construction of the proposed parking lot lighting component, staff anticipates utilizing Parking Maintenance Funds from the Public Works Operations Budget for this work. The table below provides a summary of the Project budget and costs. Budget Items Amounts C.S. Legacy Construction Inc. construction contract ($209,575) Approximate 15% contingency ($ 30,000) Contract administration and support services* ($ 25,000) Total Project Cost ($264,575) Current available Project budget $275,000 Remaining Balance $ 10,425 *Contract Administration includes staff project management, material testing & inspection, contract inspection services, and archeological and Native American monitoring services. City Council Agenda Report July 21, 2020 Page 4 of 5 ENVIRONMENTAL IMPACT: Staff recommends that pursuant to the California Environmental Quality Act (CEQA), the City Council find the Paseo Adelanto Parking Lot Expansion Project is a discretionary action under CEQA that is categorically exempt from further review pursuant to State CEQA Guidelines section 15311 (Class 11 exemption). A Class 11 exemption applies to construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to small parking lots. Here, the proposed project will construct additional parking spaces on an existing parking lot on the corner of Paseo Adelanto and Ramos Street, which is adjacent to and serves the Los Rios District. The project will provide better and safer access to the Los Rios District and improve traffic circulation on Ramos Street. The parking lot is small as it would accommodate a total 112 parking spaces on nearly an acre of land. There are currently 26 marked parking spaces on the site. The parking stalls on this site would legitimize parking that otherwise occurs on this site. The additional parking stalls would also redirect parking from the Los Rios District onto this site to help alleviate congestion within the historic area. In addition, the redesign of the parking lot would remove (except for emergency access) the driveway onto Ramos Street. By removing this driveway, cars will be physically directed to travel up and down Paseo Adelanto, rather than through the center of the historic district by way of the Ramos Street access. Accordingly, the project falls within the Class 11 exemption. Moreover, staff recommends that the City Council find that none of the exceptions to the exemptions under State CEQA Guidelines section 15300.2 apply because: • The project will not result in any significant impacts on the environment because it is not located in a particularly sensitive environment. (State CEQA Guidelines, § 15300.2(a).) • There is no reasonable possibility of cumulative impacts. Staff does not anticipate that other projects of the same type will take place at the project site or the surrounding area, or that the cumulative impact of any such projects would have a cumulatively significant impact. (State CEQA Guidelines, § 15300.2(b).) • There is no reasonable possibility that the proposed project will have a significant effect on the environment due to unusual circumstances. The proposed project simply seeks to add additional parking spaces to an existing parking lot, and there is no evidence that unusual circumstances exist, nor that any such circumstances might cause significant effects. (State CEQA Guidelines, § 15300.2(c).) • The proposed project will not result in damage to any scenic resources within a state scenic highway. (State CEQA Guidelines, § 15300.2(d).) City Council Agenda Report July 21, 2020 Page 5 of 5 • The proposed project is not located on a hazardous waste site or any other site included on a list compiled pursuant to Section 65962.5 of the Government Code. (State CEQA Guidelines, § 15300.2(e).) • The proposed project will not cause a substantial adverse change to the significance of the Los Rios District as a historical resource. (State CEQA Guidelines, § 15300.2(f).) A “substantial adverse change” in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired. (State CEQA Guidelines, § 15064.5(b)(1).) The project will provide better access to the Los Rios District and improve traffic circulation along Ramos Street. Cars will be directed away from Ramos Street and will be encouraged to travel up and down Paseo Adelanto with the change in driveway access points. The improved traffic conditions that will result from the proposed project will not constitute a substantial adverse change. PRIOR CITY COUNCIL REVIEW: • On June 2, 2020, the City Council rejected all bids received for the Paseo Adelanto Parking Lot Expansion project (CIP 20204) and authorized staff to revise the scope of work, re-advertise, and receive construction bids for the Project. • On December 3, 2019, the City Council received and filed the Fiscal Year 2019- 20 First Quarter Financial Report. With that action, the Council approved proposed adjustments to the City’s operating and capital improvement program budgets including cancelling the Malaspina Trail Project (CIP 16203) and allocating the funding to the Paseo Adelanto Parking Lot Expansion Project (CIP 20204). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission, committee, or board review. NOTIFICATION: CNC Engineering Alfaro Communication Construction, Inc. C.S. Legacy Construction Inc. All American Asphalt LC Paving & Sealing, Inc. Asphalt Fabric and Engineering, Inc. ATTACHMENT(S): Attachment 1: Location Map Attachment 2: Proposed Construction Contract 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: PASEO ADELANTO PARKING LOT EXPANSION 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. b.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 Twenty (20) 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. c.CONTRACT PRICE. The Cityshall 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. d.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. e.COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors ATTACHMENT 2 Page 1 of 34 Information Required of Bidders 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. f. 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. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. h. 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 34 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 ATTACHMENT 2 Page 3 of 34 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. 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