17-0418_MARK SAUER CONSTRUCTION, INC_E18_Agenda ReportTO:
FROM :
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~n Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director ,-/~fAA._
PREPARED BY: Paul Meshkin, P.E., Senior Civil Engineer
DATE: April 18, 2017
4/18/2017
E18
SUBJECT : Consideration of a Resolution Declaring Work Completed for the
Bias Aguilar Adobe Restoration Project (CIP 07403) (Mark Sauer
Construction Inc.)
RECOMMENDATION:
By motion,
1. Adopt a Resolution declaring the work to be completed as to plans and
specifications for the Bias Aguilar Adobe Restoration Project (CIP 07403) (Mark
Sauer Construction; and,
2. Direct the City Clerk to process recording of a Notice of Completion for the
Project; and,
3. Authorize staff to release the Project retention in the amount of $10,869 thirty-five
days after recordation of the Notice of Completion.
EXECUTIVE SUMMARY:
The Bias Aguilar Adobe Restoration Project was done in two phases, with the first
phase being restoration of the building, and the second phase being site improvements
for landscaping and ADA access. The building restoration was done in September
2015. All work for the site improvement phase of the Project has been completed to the
satisfaction of the Public Works and Utilities Director and is ready for acceptance and
recordation of a Notice of Completion. Staff recommends adopting a resolution
(Attachment 1) declaring the work completed as to plans and specifications, directing
the City Clerk to record the Notice of Completion (Attachment 2), and directing staff to
release retention in the amount of $10,869 thirty-five days days after the Notice of
Completion has been recorded.
City Council Agenda Report
April 18, 2017
Page 2 of 3
On September 6, 2016, the City Council awarded a Construction Contract to Mark
Sauer Construction Inc. for construction of the site improvement phase of the Project in
the amount of $204,133, with a 10% contingency .in the amount of $20,413, for a total
contract amount of $224,546. Construction was completed on March 31, 2017, with the
final cost being $217,387.
A one-year warranty provided for in the construction contract will cover any construction
deficiencies that might become evident within the next year. Staff will continue to
evaluate the improvements throughout the one year warranty period. If there are no
defects or warranty issues during this one year period, then staff will advise the City
Clerk to release the performance and materials bonds.
FISCAL IMPACT:
The table below summarizes the budget and costs for this site improvement phase of
the Project. The total cost of this phase of the Project was $7,159 less than the
approved budget.
a eo ro jec u ge an OS S T bl f P . t B d t d C t
Item Approved Final
Amount Amount
Original Contract $204,133 $200 ,806
Contingency for Change Orders $ 20,413 $ 16 ,581
Totals $224,546 $ 217,387
ENVIRONMENTAL IMPACT:
On May 15, 2012, the City Council adopted a Mitigated Negative Declaration (MND)
and approved a Mitigation Monitoring & Reporting Program (MMRP) for construction of
the Project. The present action of declaring the work to be completed is not subject to
CEQA pursuant to Section 15060(c)(3) of CEQA Guidelines because the action is not a
project as defined in Section 15378 of the CEQA Guidelines, and the action has no
potential for resulting in physical change to the environment, directly or indirectly.
PRIOR CITY COUNCIL REVIEW:
• On October 21, 2008, the City Council approved a Personal Services Agreement
with IS Architecture to prepare the adobe roof and wall repair plans for the
Project.
• On May 18, 2010, the City Council directed staff to submit grant applications to
the State of California for funding under the Proposition 84 Nature Education
Facilities (NEF) Grant Program including the Bias Aguilar Adobe.
• On November 15, 2011, the City Council approved a Personal Services
Agreement with RJM Design Group to prepare the development plans for the
Project.
• On February 7, 2012, the City Council approved a Personal Services Agreement
City Council Agenda Report
April 18, 2017
Page 3 of 3
with Ed Almanza & Associates for performing the California Environmental
Quality Act (CEQA) review of the Project.
• On May 15, 2012, the City Council approved a Mitigated Negative Declaration
(MND) for the Project and directed staff to assure signage would be provided
along the property frontage.
• On September 4, 2012, the City Council conditionally approved the preliminary
design plans for the Project.
• On June 14, 2013, the City Council approved the plans and specifications and a
Memorandum of Understanding (MOU) with the Bias Aguilar Adobe Foundation
for the Bias Aguilar Adobe Nature Education Facility (NEF) Grant Project (CIP
No. 07403) and authorized staff to receive bids for construction.
• On August 4, 2015, the City Council approved Change Order No. 5 with Mark
Sauer Construction Inc. in the amount of $34,322 to reroof the Bias Aguilar
Adobe for a total contract amount of $200,817.
• On October 6, 2015, the City Council adopted a Resolution for Notice of
Completion for the Bias Aguilar Adobe Restoration phase of the Project.
• On November 3, 2015, the City Council rejected the bids and authorized staff to
re-advertise and receive construction bids for the Site Improvement phase of the
Project.
• On May 3, 2016, the City Council authorized staff to negotiate a contract with the
sole responsive bidder, Mark Sauer Construction Inc., for the Site Improvement
phase of the Project.
• On September 6, 2016, the City Council awarded a Construction Contract to
Mark Sauer Construction Inc. for the Site Improvement phase of the Project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Both the Cultural Heritage Commission and the Planning Commission had previously
reviewed and recommended City Council approval of the preliminary design plans for
the Bias Aguilar Adobe Project. On May 28, 2013, staff provided a status update for the
Project to the Cultural Heritage Commission.
NOTIFICATION:
Mark Sauer Construction Inc.
ATTACHMENTS:
Attachment 1 -Resolution
Attachment 2 -Notice of Completion
RESOLUTION NO. 17-04-18-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE BLAS AGUILAR
ADOBE RESTORATION PROJECT (MARK SAUER CONSTRUCTION,
INC. CIP 07403)
WHEREAS, on the 6th day of September 2016, the City of San Juan
Capistrano entered into a contract with Mark Sauer Construction, Inc., 19712 Temescal
Canyon Road, Corona, CA 92881" for construction of the Bias Aguilar Adobe
Restoration Project; and,
WHEREAS, the Public Works and Utilities Director 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:
ATTEST :
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 $217,387
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 18th day of April2017.
Kerry K. Ferguson, Mayor
Maria Morris, City Clerk
Attachment 1
Page 1 of 1
RECORDED AT REQUEST OF AND
RETURNED TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Maria Morris, City Clerk
San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano
to Mark Sauer Construction, Inc., 19712 Temescal Canyon Road Corona, CA 92881 for construction of
the Bias Aguilar Adobe Restoration Project (CIP No. 07403).
That the said work completed on March 31, 2017, by said company according to plans and specifications,
and to the satisfaction of the Public Works and Utilities Director of the City of San Juan Capistrano, and
that said work was accepted by the City Council of the City of San Juan Capistran o as owner, 32400
Paseo Ad elanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 18th day
of April2017, by Resolution No. 17-04-18-XX
That upon said contract, the Ohio Casulty Insurance Company was the surety for the bonds given by the
said company as required by law.
Dated at San Juan Capistrano this 18th day of April2017.
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
ss
Maria Morris, City Clerk
City of San Juan Capistrano
I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be
recorded in the Office of the Orange County Recorder by said City Clerk.
Dated at San Juan Capistrano this 18th day of April 2017.
Maria Morris, City Clerk
City of San Juan Capistrano
Attachment 2
Page 1 of 1