22-0607_ALL AMERICAN ASPHALT, INC._Agenda Report_E11City 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: June 7, 2022
SUBJECT: Award of Contract for Construction of the Spring Street and El
Camino Real Americans with Disabilities Act (ADA) Improvement
Project (All American Asphalt, Inc.); and, Approval of Amendment
No. 1 to Professional Services Agreement for Design and
Construction Support Services (Adam/Streeter Civil Engineers, Inc.)
(CIP 22103)
RECOMMENDATION:
1.Award a construction contract for the Spring Street and El Camino Real Americans
with Disabilities Act (ADA) Improvement Project (CIP 22103) to the lowest responsible
bidder, All American Asphalt, Inc., in the amount of $270,925, and authorize the City
Manager to execute the contract and approve change orders for a total construction
contingency not to exceed $40,000; and,
2.Approve and authorize the City Manager to execute Amendment No.1 to the
Professional Services Agreement with Adam/Streeter Civil Engineers, Inc. to increase
the compensation amount by $6,450, bringing the total contract amount to $51,450,
for preparation of a legal description and construction support services.
6/7/2022
E11
City Council Agenda Report
June 7, 2022
Page 2 of 5
EXECUTIVE SUMMARY:
The Spring Street and El Camino Real Americans with Disabilities Act (ADA)
Improvement Project (CIP 22103) was advertised for construction on May 7, 2022, and
four bids were received on May 26, 2022. 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, All American Asphalt, Inc., in the amount
of $270,925 (Attachment 2). It is also recommended that the City Manager be authorized
to approve change orders in an amount not-to-exceed $40,000, which is approximately
15% of the base contract amount. Lastly, staff recommends that the City Council approve
Amendment No. 1 to the Professional Services Agreement with Adam/Streeter Civil
Engineers, Inc. to cover the increase in the contract amount due to additional design
services for preparation of engineering plans and legal descriptions and providing
construction support services (Attachment 3).
DISCUSSION/ANALYSIS:
The proposed project is located at the intersection of Spring Street and El Camino Real,
and at the northwest and southwest corners of Ortega Highway and El Camino Real. The
project would reconstruct five existing pedestrian access ramps at both intersections. The
existing southeast corner of Spring Street and El Camino Real, located near the historic
Stroschein House and Inn at the Mission Hotel, contains a sidewalk that is only 48 inches
in width with existing utilities preventing construction of an ADA-compliant ramp only.
Therefore, the adjacent sidewalk will be widened to 8.5 feet to provide ample width and
facilitate access to the newly constructed ADA ramp at this location. Additionally, the
project’s newly constructed curb, gutter, and pedestrian ramps would also improve
existing drainage patterns at this intersection. The project would also include repaving
deteriorated sections of asphalt at the intersection of El Camino Real and Spring Street,
and relocating an existing mid-block crosswalk, currently situated in front of San Juan
Elementary School, to the north side of the Spring Street/El Camino Real intersection.
This crosswalk relocation would provide safer pedestrian access and minimize through-
traffic disruption on El Camino Real.
The construction phase of this project is scheduled to take place during summer break
(June 3 – August 15, 2022) to mitigate traffic impacts at this heavily traveled intersection
during the school year. City staff has coordinated and discussed the proposed project
with Capistrano Unified School District (CUSD), Mission San Juan Capistrano and Inn at
the Mission staff. All are fully supportive of this project.
City Council Agenda Report
June 7, 2022
Page 3 of 5
The table below provides a summary of bid results:
Bidders Bid Amounts
All American Asphalt, Inc. $270,925
RHOME Profile Construction, Inc. $299,661
Gentry General Engineering, Inc. $350,703
C.S. Legacy Construction, Inc. $364,642
All American Asphalt, Inc. is one of the largest and most reputable Southern California
Paving Contractors. All American has performed projects for the City in the past that
included construction of concrete improvements and pavement projects, most recently as
a subcontractor to CS Legacy, Inc. on the Verdugo Street Beautification Project. The
Engineer’s Estimate for this project is $275,000.
On November 16, 2021, the City entered into a Professional Services Agreement (PSA)
with Adam/Streeter Civil Engineers Inc. for preparation of design plans and specifications
for the project with a total contract cost of $45,000. Due to additional design work and
plan revisions, and preparation of necessary legal description(s) for a permanent
easement for land belonging to CUSD, the design consultant incurred additional
expenses that were not covered under the original agreement. Moreover, Adam Streeter
will also be providing construction support services this summer. Consequently, the
augmented scope of work resulted in an additional service cost of $6,450; staff is
recommending approval of an amendment to the contract to cover this amount.
FISCAL IMPACT:
The City has received $350,000 in Community Development Block Grant (CDBG) funds
for implementation of this project. Previously, the City had budgeted $250,000 from the
Facilities Maintenance Fund for this project. Below is a summary of the overall anticipated
project costs and budget. As a result of the grant funds, staff anticipates a net overage,
or excess of funds, which would be applied to other capital projects.
Budget Items Amounts
All American Asphalt, Inc. ($270,925)
Approximate 15% contingency ($40,000)
Contract administration and support services* ($40,000)
Adam/Streeter Civil Engineers, Inc. ($6,450)
Total Project Cost ($357,375)
Available Project Budget $195,000
CDBG Grant $350,000
Remaining Balance $187,625
*Contract Administration includes staff project management, material testing & inspection,
contract inspection services, and archeological and Native American monitoring services.
City Council Agenda Report
June 7, 2022
Page 4 of 5
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), the recommended
action would be exempt from CEQA, per Section 15061(b)(3), the commonsense
exemption that CEQA applies only to projects that would have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. Furthermore, authorizing the City Manager to
negotiate a contract amendment for engineering services would not be an activity with
potential to cause significant effect on the environment, and therefore is exempt from
CEQA.
With respect to the scope of work and construction contract, Section 15301, Class 1 (a)
exemption allows for repair and maintenance of existing streets, sidewalks, gutters and
similar existing facilities with negligible or no expansion of an existing use. The project
involves construction of new ADA-compliant ramps, relocating the existing crosswalk in
front of the San Juan Elementary School and repaving a section of El Camino Real at
Spring Street, with no expansion. Consequently, staff finds that the proposed project
meets the criteria for a categorical exemption. If this construction contract is approved, a
notice of exemption will be filed within five days of the action.
PRIOR CITY COUNCIL REVIEW:
On June 1, 2021, the City Council approved the Seven-Year Capital Improvement
Program for Fiscal Years 2021-2022 through 2027-2028, which included the proposed
Spring Street and El Camino Real Americans with Disabilities Act (ADA) Improvement
Project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item does not require commission, committee, or board review.
NOTIFICATIONS:
Kimberly Bird, All American Asphalt
Mechelle Lawrence Adams, Mission San Juan Capistrano
John G. Forney, Capistrano Unified School District
Amy M. Strange, Capistrano Unified School District
Dr. Guadalupe Girard, Ed. D., San Juan Elementary School
Craig Fee, County of Orange (CDBG)
Harder, Suzanne, County of Orange (CDBG)
Pam Ryan, Inn at the Mission
Eduardo Rodrigues, Inn at the Mission
City Council Agenda Report
June 7, 2022
Page 5 of 5
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Proposed Construction Contract
Attachment 3: Proposed Amendment No. 1 to PSA
ATTACHMENT 1
PAGE 1 OF 1
LOCATION MAP
Attachment 2
Page 1 of 4
00 XX XX – 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 All American
Asphalt, Inc., 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:
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:
CONSTRUCTION OF THE SPRING STREET AND EL CAMINO REAL ADA IMPROVEMENT
PROJECT CIP 20103.
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.
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 30 calendar 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.
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 Two Hundred and Seventy
Thousand nine hundred and twenty five Dollars ($270,925). Payment shall be made as set
forth in the General Conditions.
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.
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
Non-Collusion Declaration Form
Attachment 2
Page 2 of 4
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.
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.
INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the
General Conditions.
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 3 of 4
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
All American Asphalt, Inc. 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 4 of 4
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
Attachment 3
Page 1 of 3
AMENDMENT NO. 1
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
ADAMS/STREETER CIVIL ENGINEERS, INC.
1. Parties and Date.
This Amendment No. 1 to the ON-CALL PROFESSIONAL SERVICES AREEMENT is
made and entered into as of this 3rd day of May 2022, by and between the City of San Juan
Capistrano, a municipal organization organized under the laws of the State of California with its
principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”)
and Adams/Streeter Civil Engineers, Inc. a CORPORATION, with its principal place of business at
16755 Von Karman Avenue, Suite 150 Irvine, CA 92606 (hereinafter referred to as “Consultant”).
City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 The City and Consultant have entered into an agreement entitled “ON-CALL
PROFESSIONAL SERVICES AGREEMENT dated November 16, 2021, (“Agreement”) for the
purpose of retaining the services of Consultant to provide Engineering Design and Construction
Support Services.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
revise the Term of the Agreement as indicated on the attached Exhibit A.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2 of
the Agreement.
3. Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as
follows:
In no event shall the total amount paid for services rendered by Consultant under this Agreement
exceed the sum of $51,450. This amount is to cover all printing and related costs, and the City will
not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of
receipt of an invoice which includes a detailed description of the work performed. Payments to
Consultant for work performed will be made on a monthly billing basis.
Attachment 3
Page 2 of 3
3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as
follows:
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).
Consultant shall complete the services required hereunder by December 31, 2022. The Notice to
Proceed shall set forth the date of commencement of work.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No.1. From and after the date of this Amendment No.1, whenever the
term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Attachment 3
Page 3 of 3
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ADAMS/STREETER CIVIL ENGINEERS, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
ADAMS/STREETS, CIVIL ENGINEERS,
INC.
Signature
Name
Title
Date