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.
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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