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15-0203_CHI CONSTRUCTION_Agenda Report_D10City of San Juan Capistrano 2/3/2015 D10 Agenda Report TO: Karen P. Brust, City Manage ,,;;� FROM: Keith Van Der Maaten, P.E., Public Works and Utilities Directormfi cz�' Prepared by: Paul Meshkin, P.E., Senior Civil Engineer, DATE: February 3, 2015 SUBJECT: Consideration of Award of Contract and Approval of Proposed Budget Adjustment for the Safe Routes to School Project SRTSL — 5372 (013), Sidewalk Construction on North Side of Via Positiva Street and the Installation of Lighted Crosswalk on Camino Del Avion at Avenida Descanso (CIP 08103) RECOMMENDATION: By motion, 1. Approve an adjustment to: a. Reduce the Fiscal Year 2014-15 budget for the Sidewalk Construction on North Side of Via Positiva Street and the Installation of Lighted Crosswalk on Camino Del Avion at Avenida Descanso Project (CIP 08103) by $19,616 to $249,909; and, b. Reduce the Fiscal Year 2014-15 budget for the Trabuco Creek Road Improvements Project (CIP 10104) from Measure M funding and increase the Measure M funding to CIP 08103 by $27,580; and, 2. Award a Contract for the Sidewalk Construction on the North Side of Via Positiva Street and the Installation of Lighted Crosswalk on Camino Del Avion at Avenida Descanso (CIP 08103) to the lowest responsible bidder, CHI Construction, Inc. in the estimated amount of $187,459, and reject all other bids; and, 3. Authorize the City Manager to approve changes in a total amount not to exceed 10% of the contract amount. City Council Agenda Report February 3, 2015 Page 2 of 5 EXECUTIVE SUMMARY: Staff is recommending that the City Council award a Contract to the lowest responsible bidder, CHI Construction in the estimated amount of $187,459 and authorize the City Manager to approve Change Orders to the Contract provided that they do not exceed 10% of the Contract amount or the project budget contingency for the Safe Routes to School Project SRTSL — 5372 (013), the Sidewalk Construction on North Side of Via Positiva Street and Installation of Lighted Crosswalk on Camino Del Avion at Avenida Descanso Project (Project). Six bids for the Project were received and opened on January 8, 2015. Bids are valid until April 8, 2015 for a period of ninety (90) days from the bid opening date. DISCUSSION/ ANALYSIS. The project will construct a five-foot sidewalk on the north side of Via Positiva west of Alipaz Street. This will eliminate the need for students who live on the north side of Via Positiva from having to cross Via Positiva twice to arrive at their schools (Kinoshita Elementary School, Marco Forster Middle School and Del Obispo Elementary School). The project will also install a solar -powered in -pavement crosswalk lighting system at the intersection of Camino Del Avion and Avenida Descanco and speed display warning signs on Camino Del Avion east and west of Avenida Descanco. This is a heavily used marked crosswalk with a crossing guard assigned to it. These traffic devices will enhance pedestrian safety along Camino Del Avion. This project was advertised for construction on December 4, 2014, and the bid opening date was January 8, 2015. A total of six (6) bids were received and all were responsible for the project as follows: Contractor's Name Bid Amount CHI Construction $187,459 Unique Performance Construction Inc. $189,700 PTM General Engineering Sericex, Inc. $190,901 ND Electric Construction, Inc $195,542 Naka Engineering Contractors $197,868 EI Camino Construction & Eng. Corp $222,025 The lowest responsible bid was for $187,459 by CHI Construction which is below the Engineer's Estimate of $246,000. A time limit of 40 (forty) working days from the date of Notice to Proceed has been set for completion of the construction with an expected completion date of April 17, 2015. Staff has checked the references, licenses, and bonds and received positive feedback for their performance. City Council Agenda Report February 3, 2015 Paae 3 of 5 FISCAL IMPACT: The City's Fiscal Year 2014-15 adopted budget for this project is $269,525. The updated Fiscal Year 2014-15 budget for CIP 08103 is estimated as follows: FY 14-15 Proposed Updated Budget Ajdustment Estimate Construction $269,525 ($82,066) $187,459 10% contingency _ 18,745 18,745 Total direct construction costs $206,204 Construction Engineering (staff time) 43,705 43,705 Total $269,525 ($19,616) $249,909 The City's Fiscal Year 2014-15 budget for this project is $269,525, which includes State Safe Routes to Schools (SRTS) Grant funds of $253,400 and Gas Tax funds of $16,125. Although, the City has been awarded a maximum SRTS grant of $253,400 from the State Department of Transportation, the only costs in the proposed budget outlined above that are eligible to be funded by the grant are the direct construction costs, which is $206,204. City staff plans to submit a request to the State Department of Transportation to request an amendment to the City's approved Program Supplement Agreement to include some funding for construction engineering costs. However, pending the approval of the amendment to SRTSL- 5372(013) Supplemental Agreement and in order to proceed with the project timely, City staff is requesting the budget adjustment below to align the project budget with the Project Manager's revised cost estimate and the current approved grant levels. Therefore, the Fiscal Year 2014- 15 funding for this project is proposed as follows: The Measure M funding is being requested through a transfer from the Trabuco Creek Road Improvements Project (CIP 10104), which has a Fiscal Year 2014-15 budget of $49,390. No work has begun yet on this project during this fiscal year. The funds will be returned to the project either when the City's grant amendment from the State is approved or when the City's Seven -Year Capital Improvement Program is updated for Fiscal Year 2015-16. FY 14-15 Proposed Revised FY 14-15 Funding Adjustment Funding_ Gas Tax $16,125 $0 $16,125 Measure M 0 27,580 27,580 State Grant Funding 253,400 (47,196) 206,204 Total $269,525 ($19,616) $249,909 The Measure M funding is being requested through a transfer from the Trabuco Creek Road Improvements Project (CIP 10104), which has a Fiscal Year 2014-15 budget of $49,390. No work has begun yet on this project during this fiscal year. The funds will be returned to the project either when the City's grant amendment from the State is approved or when the City's Seven -Year Capital Improvement Program is updated for Fiscal Year 2015-16. City Council Agenda Report February 3, 2015 Paae 4 of 5 ENVIRONMENTAL IMPACT: The City's Environmental Administrator completed a preliminary review of this project in accordance with Section 15061 of the California Environmental Quality Act Guidelines. Based on that review, the Environmental Administrator has determined the project to be Categorically Exempt (Class 1, Existing Facilities) under Section 15301 (c). PRIOR CITY COUNCIL REVIEW: • On November 18, 2014, the City Council rejected all bids received for the project and authorized staff to re -advertise and receive bids for Construction on north side of Via Positiva and the Installation of Lighted Crosswalk on Camino Del Avion at Avenida Descanso, Project Number SRTSL- 5372 (013). • On October 21, 2014, the City Council adopted a Resolution authorizing the Mayor to execute all Program Supplemental Agreements and/or any Amendments thereto to the Administering Agency -State Agreement No. 12- 5372R with the California Department of Transportation. • On February 4, 2014, the City Council adopted a Resolution to execute the right- of-way Certification for the Safe Routes to School Project # SRTSL-5372(013); and authorized the Mayor to sign the Interim Short Form Right -of -Way Local Assistance Project. • On May 1, 2012, the City Council approved plans and specifications for construction of the sidewalk on the north side of Via Positiva and installation of a lighted crosswalk on Camino Del Avion and authorized staff to advertise and receive construction bids. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Jim Kaufman, Caltrans District 12 Reza Faraz, Caltrans District 12 Patrick Louie, Caltrans Headquarters Kristen Vital, Capistrano Unified School District Superintendent Mr. Pedraza, Principal of Kinoshita Elementary School Mr. Kraft, Principal of Del Obispo Elementary School Ms. Carrie Bertini, Principal of Marco Forster Middle School Mitch Darvish (CHI Construction) Moumtaz Kabany (Unique Performance Construction Inc.) Elizabeth H. Mendoza de Mc Rae (PTM General Engineering Services Inc.) Alex Kazemi (Naka Engineering) Miguel Guajardo (EI Camino Construction & Engineering) Michael Martin (ND Construction Company) City Council Agenda Report February 3, 2015 Paae 5 of 5 ATTACHMENT(S): Attachment 1 — Contract Attachment 2 — Location Map SECTION D. CONTRACT AGREEMENT Sidewalk and Lighted Crosswalk Construction At Via Positiva and Camino Del Avion CIP No. 08103 - Federal Project No. SRTSL-5372(013) This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and CHI Construction hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2012 Edition Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Sidewalk and Lighted Crosswalk Construction in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified 1 time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred Dollars ($500) per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Notice is hereby given BIDDERS that this project is funded with Safe Routes To School (SRTS) federal money, and that the rate of wages for each craft or type of work or mechanic employed under this contract shall be as specified under the current determinations of the Department of Labor as required under the Davis -Bacon Act. In addition and pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, 2 are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB- CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. Where a discrepancy exists between Federal and State prevailing wage rate, the higher of the two prevailing wage rates shall apply. --"Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Furthermore, Contractor is hereby notified that no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations." --"Pursuant to Labor Code section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations." SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars ($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one (1) year. CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty (30) days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, AMN Management, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. If CONTRACTOR is not already enrolled in the U.S. Department of Homeland Security's E - Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E - Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/employerregistration. Consultant shall certify its registration with E - Verify and provide its registration number within sixteen days of the effective date of this 0 Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. City of San Juan Capistrano DATED: BY: ATTEST: Maria Morris, City Clerk �. III(TED O. .41R 1, Derek Reeve, Mayor CONTRACTOR, LICENSE NO. and CLASSIFICATION CHI Construction Lic. 839455 A. B. C 10 5 ATTACHMENT 1 ATTACHMENT 2