14-0506_EXCAVATING ENGINEERS, INC._Agenda Report_D1012/16/2014
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TO:
FROM: Keith VanDer Maaten, .E., r~ublic Works and Utilities Director (f f~.Y.\) (I"
Prepared by: Khoon Tan, P.E., Senior Civil Engineer ~ -:!. a~
DATE: December 16, 201 4
SUBJECT: Consideration of a Resolution Declaring the Work Completed and
Directing the City Clerk to Process a Notice of Completion for the El
Camino Real at Don Juan Retaining Wall Project (C IP 07111) (Excavating
Engineers, Inc.)
RECOMMENDATION :
By motion,
1. Adopt a Resolution declaring the work for the El Camino Real at Don Juan
Retaining Wall Project complete, accepted and approved and direct the City
Clerk to process recording of a Notice of Completion; and ,
2. Authorize staff to release the project retention, in the amount of $23,262.73,
thirty-five days after recordation.
EXECUTIVE SUMMARY:
This project entails the design and construction of a retaining wall along the westerly
slope area of El Camino Real at the Don Juan Avenue intersection adjacent to the
Capistrano Unified School District (CUSD) property located at 31422 Camino
Capistrano to prevent potential road failure/collapse resulting from severe slope erosion
that has taken place over the years. A new parkway with native landscaping on the
westerly side of El Camino Real was also created as part of the project.
Project construction was completed on September 9, 2014, and the "Ninety (90) Day
Landscape Maintenance" commenced the following day on September 10, 2014. The
ninety-day landscape maintenance period ended on December 9, 2014. All the
Construction Contract work has been completed to the satisfaction of the City Eng ineer
and is ready for acceptance and recordation of a Notice of Completion . Staff
recommends adopting a Resolution (Attachment 2) declaring the work completed as to
th e Plans and Specifications for the El Camino Real at Don Juan Avenue Retaining Wall
Project, to record the Notice of Completion (Attachment 3), and to release the retention
in the amount of $23,262.73, after 35 days from the Notice of Completion recordation, if
there are no claims.
City Council Agenda Report
December 16, 2014
Page 2 of4
DISCUSSION/ANALYSIS:
There were two Contract Change Orders totaling $12,058.59 which were required for
this work that included the demolition, removal and disposal of interfering portions of
existing rock wall I footings I concrete slabs that were discovered during earthwork
excavation; placement of additional fill adjacent to the top of the new wall for proper
parkway grading and drainage; installation of additional drain line and inlet at the top of
the existing stone wall to prevent spillage of run-off over the wall; installation of drain
caps at wall weep-hole locations; construction of stone wall transition between the new
wall and the existing Works Progress Administration 0/VPA) wall; and installation of jute
netting to prevent slope erosion. A cost adjustment of $891 for the various contract bid
items was also made based upon verification of actual pay quantities during
construction. Staff completed a final inspection of project construction and the City
Engineer accepted the work on December 9, 2014, as completed pursuant to the Plans
and Specifications for the project.
Staff will continue to oversee the project throughout the one year warranty period until
the project is considered complete. If there are no defects or warranty issues during
this one year period, the staff will recommend to the City Clerk that the Construction
Contract's Performance Bond and Labor and Materials Bond be released and the
project closed.
FISCAL IMPACT:
On May 6, 2014, the City Council awarded a Construction Contract for the El Camino
Real at Don Juan Retaining Wall Project to the lowest responsible bidder, Excavating
Engineers, Inc. in the amount of $452,305 with an additional 10% contingency amount
of $45,230 for the City Manager to issue Contract Change Orders. A contingency
amount of $12,949.59 (or about 2.9% of the Contract amount) was expended for the
Construction Contract that included the Contract pay quantity adjustments ($891) and
two (2) Contract Change Orders issued by the City Manager for unforeseen items
($12,058.59). The City Council also approved a Personal Services Agreement with
Huitt-Zollars, Inc. for construction support services in the amount of $32,290, of which a
cost savings was realized in the amount of $4,525.62. The final project construction
cost inclusive of construction support is $493,018.97.
The following is a summary of construction costs for the project:
Construction Contract (Excavating Engineers, Inc.)
Change Order Work (Contract Change Orders 1 and 2)
Contract Pay Quantity Adjustments
Total Cost -Construction Contract
Construction Support Contract (Huitt-Zollars, Inc.)
Less Cost Savings from Construction Support Services
Total Cost-Construction Support Contract
Total Cost-Construction and Construction Support
$ 452,305.00
$ 12,058.59
$ 891.00
$ 465,254.59
$ 32,290.00
$ {4,525.62)
$ 27,764.38
$ 493,018.97
City Council Agenda Report
December 16, 2014
Page 3 of4
The total construction budget of $529,825 is comprised of the construction contract
($452,305), the 10% construction contingency ($45,230), and construction support
contract ($32,290). Actual cost of construction inclusive of construction support is
$493,018.97 for a savings of about $36,806.03. The following is a summary of the
adopted project budget and expenditures to date (as of October 31, 2014):
Adopted project budget $574,124
Expenditures to date (511,494)
Remaining Balance $62,630
The remainder/available project funds are sufficient to cover the project retention of
$23,262.73 that will be released thirty-five days after the recordation of Notice of
Completion and the staff costs associated with closing out the project during the one
year warranty period.
ENVIRONMENTAL IMPACT:
The City's Environmental Administrator has reviewed the project and has determined
that the project qualifies for a Class 1 (c) Exemption per Section 15301 of the California
Environmental Quality Act (CEQA) Guidelines. Project construction includes provisions
for archeological monitoring during demolition and grading which will assure that project
impacts would not occur and thus, allow approval of the Notice of Exemption.
PRIOR CITY COUNCIL REVIEW:
• On September 18, 2012, City Council approved a Personal Services Agreement with
Huitt-Zollars, Inc., to prepare Plans, Specifications, and Estimates (PS&E) for the El
Camino Real at Don Juan Avenue Retaining Wall Project (CIP 07111) and the
Paseo Peregrine Cul-De-Sac Drainage Mitigation Due to Soil Subsidence Project
(CIP 12501) for a total amount of $65,295 ($48,425 for CIP 07111 and $16,870 for
CIP 12501).
• On July 16, 2013, the City Council approved the Plans and Specifications for the El
Camino Real at Don Juan Retaining Wall Project (CIP 07111) and authorized staff to
solicit and receive bids.
• On May 6, 2014, the City Council awarded a Construction Contract for the El
Camino Real at Don Juan Retaining Wall Project (CIP 07111) to the lowest
responsible bidder, Excavating Engineers, Inc., in the amount of $452,305 with an
additional 10% contingency amount of $45,230 for Contract Change Orders;
approved a Personal Services Agreement with Huitt-Zollars, Inc. for construction
support services in the not-to-exceed amount of $32,290; and accepted a Right-of-
Entry License Agreement with the Capistrano Unified School District.
City Council Agenda Report
December 16, 2014
Page4 of4
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On March 21, 2013, the Design Review Committee (DRC) conducted a Work-
session to review the project details. The Committee provided comments and
requested that additional landscape information and a material wall sample be
presented to the Committee for consideration.
• On May 28, 2013, staff presented the project to the Cultural Heritage Commission
(CHC). The Commission provided comments regarding preference for a stone wall,
or a wall type and color similar to the existing WPA wall, as opposed to the proposed
gravity wall, as represented by the wall sample made available for viewing during the
meeting.
• On June 6, 2013, staff presented additional landscape information and a material
wall sample as previously requested to the DRC for consideration. DRC forwarded
the wall and landscaping concept, inclusive of the wall sample, to the Planning
Commission with a recommendation of approval.
• On June 25, 2013, staff presented the project to the Planning Commission. The
Commission forwarded the project to the City Council with a recommendation of
approval, and with comments to consider timing of construction in conjunction with
the Capistrano Unified School District's (CUSD) schedule.
NOTIFICATION:
Bob Lathrop (Excavating Engineers, Inc.)
Ken Rukavina, P.E. (Huitt-Zollars, Inc.)
Michael Imlay, ASLA (Land Concern)
John Forney (Capistrano Unified School District)
Steve Campbell (San Diego Gas and Electric)
Ed Manriquez (Cox Communications)
Bob Fleisher (AT&T)
ATTACHMENTS:
Attachment 1 -Location Map
Attachment 2 -Resolution
Attachment 3 -Notice of Completion
RESOLUTION NO. 14-12-16-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THEEL CAMINO REAL AT DON
JUAN AVENUE RETAINING WALL PROJECT (EXCAVATING
ENGINEERS, INC., CIP 07111)
WHEREAS, on the 6th day of May 2014, the City of San Juan Capistrano
entered into a contract with Excavating Engineers, Inc., 5256 S. Mission Road #703-
002, Bonsall, CA 92003 for construction of the El Camino Real at Don Juan Avenue
Retaining Wall; and,
WHEREAS, the City Engineer has evaluated the final quantities and cost
figures and recommends approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano, does resolve as follows:
ATIEST:
SECTION 1. That the work required to be performed by said Contractor
has been completed.
SECTION 2. That the total cost of said work is $465,254.59.
SECTION 3. That the work is hereby accepted and approved.
SECTION 4. That the City Clerk is directed to forward forthwith a Notice
of Completion to the County Recorder of the County of
Orange for Recording.
PASSED, APPROVED, AND ADOPTED this 16th day of December 2014.
Derek Reeve, Mayor
Maria Morris, City Clerk
ATIACHMENT2