23-0905_R.J. NOBLE COMPANY, 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: September 5, 2023
SUBJECT: Award of Contract for Construction of the Local Streets Pavement
Rehabilitation Project (CIP 24102) (R.J. Noble Company, Inc.); CIP
Budget Transfers; Reimbursement Agreement for Utilities-Related
Construction of the Project with Santa Margarita Water District;
and, Finding Said Actions Categorically Exempt from the California
Environmental Quality Act (CEQA) Section 15061(b)(3).
RECOMMENDATIONS:
1.Award a construction contract for the Local Streets Pavement Rehabilitation Project
(CIP 24102) to the lowest responsible bidder, R.J. Noble Company, in the amount of
$11,953,207, and authorize the City Manager to execute the contract and approve
change orders, for a total construction contingency not to exceed $1,374,618;
2.Approve and authorize the transfer of project savings, estimated at approximately
$500,000, from the recently completed Camino Capistrano Pavement Rehabilitation
Project (CIP 19102) to the Local Streets Pavement Rehabilitation Project (CIP
24102);
3.Approve and authorize the transfer of surplus budgeted funds from the Local Streets
Pavement Rehabilitation Project budget, in the amount of approximately $2,322,174,
9/5/2023
F2a
City Council Agenda Report
September 5, 2023
Page 2 of 5
to the Arizona Crossing Removal (CIP 20202) and Stream Bank Restoration (CIP
20203) Project budget;
4. Approve and authorize the City Manager to execute a Reimbursement Agreement
with Santa Margarita Water District (SMWD) for the adjustment of SMWD water
valve and manhole covers during construction the Local Streets Pavement
Rehabilitation Project (CIP 24102); and,
5. Find that the proposed actions are exempt from the California Environmental Quality
Act (CEQA) pursuant to the commonsense exemption under State CEQA
Guidelines, section 15061(b)(3).
EXECUTIVE SUMMARY:
The Local Streets Pavement Rehabilitation Project represents an unprecedented
investment in the City’s roadway infrastructure. The project was advertised for
construction on June 29, 2023, and four bids were received on August 10, 2023. A
location map is included as Attachment 1. Staff recommends that the City Council
award a construction contract to the lowest responsible bidder, R.J. Noble Company, in
the amount of $11,953,207 (Attachment 2). To cover additional project costs that may
result from unforeseen site conditions and differing construction material quantities
during the construction phase, staff recommends that the City Manager be authorized to
approve change orders in an amount not to exceed $1,374,618, which is approximately
11.5% of the contract amount.
Approval of the recommended action would also transfer $500,000 of project savings
from the recently completed Camino Capistrano Pavement Rehabilitation Project to the
to the Local Streets Project, and execute a Reimbursement Agreement (Attachment 3)
with Santa Margarita Water District (SMWD) for the adjustment of SMWD-owned water
valves and manhole covers during construction of the project, which is anticipated to
provide approximately $750,000. The total budget savings of $2,322,174 is proposed to
be transferred to the Arizona Crossing Removal (CIP 20202) and Stream Bank
Restoration (CIP 20203) Project budgets to cover unanticipated additional costs for
these two projects.
DISCUSSION/ANALYSIS:
As shown on Attachment 1, the local public streets slated for pavement rehabilitation as
part of this project have been grouped into five zones throughout the city. Following
award of the construction contract, Public Works staff will work with R.J. Noble and
various utility companies, including SMWD, to schedule the construction timing for the
local streets in each zone. Currently, it is anticipated that construction will begin by mid-
October for Zone 4, which encompasses local streets within the Belford Terrace
community and the communities located south of Ortega Highway and east side of
Rancho Viejo Road to Avenida Siega.
City Council Agenda Report
September 5, 2023
Page 3 of 5
The overall project scope of work generally includes the removal of existing failed
pavement and construction of new pavement sections. The project entails grading,
excavation, saw-cutting, milling of existing street asphalt concrete pavement,
reconstruction of existing non-compliant pedestrian ramps, removal and replacement of
damaged curb, gutter and sidewalk, signing and striping, and adjustment of existing
manhole covers, pull boxes and valve covers to match the new pavement surface
grade.
Notably, because of additional design for enhanced drainage and an expanded scope of
work to include resurfacing the Los Rios Park parking lot with colored asphalt concrete,
pavement rehabilitation for Los Rios District streets, which are included in Zone 2, will
be combined with the Los Rios Park Parking Lot Pavement Project. Construction is
anticipated to begin early next year and be completed by Spring 2024.
Bid Results
The table below provides a summary of the Base Bid results:
Bidders Base Bid
Amounts
R.J. Noble Company $11,953,207
ATP General Engineering Contractors $12,059,942
PALP dba Excel Paving Company $15,248,224
All American Asphalt, Inc. $16,342,614
The Engineer’s Estimate for this project is $14,100,000.
Staff has checked R.J. Noble’s references, licenses, and payment bonds, and has
received very positive feedback on the past performance of this contractor. In fact, R.J.
Noble has successfully completed multiple pavement rehabilitation projects in San Juan
Capistrano, including the Meredith Canyon Local Streets Pavement Rehabilitation
Project, the Capistrano Villas I, II, and III Pavement Rehabilitation Project and, most
recently, the $10 million Camino Capistrano Pavement Rehabilitation Project between
Dana Point and Laguna Niguel city limits. R.J. Noble is one of the largest and most
reputable paving contractors in Southern California.
Construction of the Local Street Pavement Rehabilitation Project is scheduled to
commence in October 2023 and be completed by Summer 2024.
FISCAL IMPACT:
Below is a summary table of available funding and overall anticipated project costs,
including project management, material testing, and construction inspection services.
City Council Agenda Report
September 5, 2023
Page 4 of 5
Budget Items Amounts
Construction Contract (R.J. Noble Company) – Base Bid $11,953,207
11.5% Contingency $1,374,618
SMWD Reimbursement -$750,000
Camino Capistrano Pavement Rehabilitation Project Savings -$500,000
Sub-Total $12,077,825
Contract Administration and Support Services $600,000
Total Project Construction Cost $12,677,825
Available Project Budget $15,000,000
Remaining Balance $2,322,174
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), the recommended
action is 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, approving and authorizing CIP budget
transfers and/or the City Manager to execute a reimbursement agreement with SMWD,
would not be activities with potential to cause significant effect on the environment, and
therefore are exempt from CEQA.
Additionally, with respect to the scope of work associated with the recommended
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 proposed project involves removal of
existing failed pavement and construction of new pavement surface. Consequently,
staff finds that the proposed project meets the criteria for a categorical exemption. If the
proposed construction contract is approved, a notice of exemption will be filed within
five days of the action.
PRIOR CITY COUNCIL REVIEW:
• On February 21, 2023, the City Council approved and authorized the City
Manager to execute a Professional Services Agreement with Adams Streeter
Civil Engineers Inc. to perform design services, prepare specifications and cost
estimates for the Local Streets Pavement Rehabilitation Project (CIP 24102), for
an amount not-to-exceed $454,000, which included a 25% contingency.
• On October 5, 2021, the City Council approved an Enhanced Streets
Improvement Program Spending Plan that allocated American Rescue Plan Act
(ARPA) funds, along with other sources, to the existing annual budget for capital
City Council Agenda Report
September 5, 2023
Page 5 of 5
street repair, and approved expanding the scope of work for the Camino
Capistrano Pavement Rehabilitation Project to include the entire length of
Camino Capistrano, from Dana Point to Laguna Niguel City limits.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item does not require commission, committee, or board review.
NOTIFICATIONS:
Jennifer De Iongh, R.J. Noble Company
Mo Abedi, Adam/Streeter Civil Engineers, Inc.
Jaime Aguilar, SMWD
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Proposed Construction Contract
Attachment 3: City of SJC/SMWD Reimbursement Agreement
District 2
District 1
District 5
District 4
District 3
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PCI Ranges
86 - 100 (Very Good)
75 - 85 (Good)
60 - 74 (Fair)
41 - 59 (Poor)
0 - 40 (Very Poor)
´0 0.5 10.25 Miles
ZONE MAP
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:
LOCAL STREETS PAVEMENT REHABILITATION PROJECT ZONES 1-5 (CIP 24102)
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 240 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.
c.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.
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
Information Required of Bidders
R. J. Noble Company, Inc.
Eleven Million Nine Hundred Fifty Three Thousand Two Hundred Seven
11,953,207
ATTACHMENT 2
Page 1 of 4
5th September 2023CIP 24102
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 4
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 4
R. J. NOBLE COMPANY, INC.
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 2
Page 4 of 4
ATTCHMENT 3
PAGE 1 OF 3
September 6, 2023
Mr. Danny Peterson
Santa Margarita Water District
26111 Antonio Parkway
Rancho Santa Margarita, CA 92688
Subject: Utility Adjustment Reimbursement Agreement Letter for Local Streets
Pavement Rehabilitation Project CIP 24102
Dear Mr. Peterson:
The City of San Juan Capistrano (City) is preparing to construct the Local Streets Pavement
Rehabilitation Project CIP 24102 (Project), as illustrated on the location map (see attached).
The Santa Margarita Water District (SMWD) has facilities within the Project's limits, including
water valves and sewer manholes, that will be impacted by construction and these facilities
will need to be raised to final grade.
In an effort to better coordinate our construction efforts, the City requests to enter into an
agreement with SMWD to reimburse the City for all costs related to adjustment of SMWD
facilities within the project limits.
Below are estimated water valve and sewer manhole adjustment costs, for the Project based
on recent bids for this Project. Final costs are subject to change and will be based on actual
unit pricing and utility adjustment quantities.
Table 1 - Estimated Utility Adjustment Costs
Item Description Unit Estimated
Quantity
Estimated
Unit Price
Estimated
Total
Water Valves Each 938 $625 $586,250
Sewer Manholes Each 598 $625 $373,750
Estimated Costs $960,000
ATTCHMENT 3
PAGE 2 OF 3
This letter serves as an agreement between SMWD and the CITY for the Project. Please mark
the appropriate box below and return the signed copy of this letter to my office at your earliest
convenience. If you have any questions, please contact Joe Parco, City Engineer, at (949)
443-6353.
SMWD elects for the City to complete all SMWD utility adjustments, in
accordance with SMWD standards, and to reimburse the City for all costs
associated with this work. SMWD acknowledges that final costs will be based on
the awarded contract unit price and the final number of utility adjustments
completed. City agrees to require the selected paving contractor to obtain a no-
fee SMWD encroachment permit prior to construction for modifications to valve can
and manhole facilities.
SMWD elects to self-perform all SMWD facility adjustments within one week of
receiving notification. SMWD acknowledges that not completing its utility
adjustments within the specified timeframe may adversely impact the City's
Contractor and agrees to reimburse the City for any costs associated with the
delay.
SANTA MARGARITA WATER DISTRICT
_________________________________ _____________________
Date
SMWD General Manager
CITY OF SAN JUAN CAPISTRANO
__________________________________ _______________________
Benjamin Siegel Date
City Manager
Attachment: Location Map
□ x
□
ATTCHMENT 3
PAGE 3 OF 3
LOCATION MAP