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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