CC 2013-06-25_08.i. Accept El Camino Real Rehabilitation ProjectMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH~MMUNITY DEVELOPMENT DIRECTOR
BY: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE EL CAMINO REAL
REHABILITATION AND ENHANCEMENT PROJECT, PW 2008-09 AND
APPROVAL OF AMENDMENT TO AGREEMENT FOR CONSULTANT
SERVICES RELATED THERETO
DATE: JUNE 25, 2013
RECOMMENDATION:
It is recommended the City Council:
1. Accept the project improvements as constructed by Brough Construction
Company in accordance with the plans and specifications for the El Camino Real
Rehabilitation Project;
2. Direct staff to file a Notice of Completion;
3. Authorize release of the retention, thirty-five (35) days after the Notice of
Completion has been recorded, if no liens have been filed;
4. Approve a Sixth Amendment to the Agreement for Consultant Services with
North Coast Engineering for the subject project;
5. Approve a First Amendment to the Agreement for Consultant Services with Earth
Systems Pacific for the subject project:
6. Authorize the Mayor to execute the amendments; and
7. Appropriate $35,000 from the Local Sales Tax Fund.
FINANCIAL IMPACT:
The amended Capital Improvement Program budget included $2,417,932 for the
project. The actual total construction project cost, including authorized construction
changes, is $2, 187,929. The total cost of the project, including all design, construction,
contract administration, inspection and testing costs is ·approximately $2,452,056,
creating a shortfall of approximately $35,000. It is recommended that this be
appropriated from the Local Sales Tax Fund reserves.
Item 8.i. - Page 1
CITY COUNCIL
CONSIDERATION OF ACCEPTANCE OF THE EL CAMINO REAL REHABILITATION
AND ENHANCEMENT PROJECT, PW 2008-09
JUNE 25, 2013
PAGE2
BACKGROUND:
On May 24, 2011, Council awarded a construction contract to perform the project to
Brough Construction Company for $1,900,572 and authorized the City Manager to
approve change orders in the amount of $285,086. The project scope of work included
the following:
• asphalt resurfacing of El Camino Real between Oak Park Boulevard and East Grand
Avenue, and the existing Park and Ride lot near Halcyon Road;
• restriping El Camino Real to allow for Class II bicycle lanes between Oak Park
Boulevard and East Grand Avenue, with the exception of the segment between
Brisco Road and Halcyon Road, which will be a Class Ill bicycle route in the
northbound direction;
• restriping of El Camino Real between Cornwall Avenue and East Grand Avenue to
include a center lane for left turn movements into the adjacent commercial
developments and onto East Grand Avenue;
• installation of a soil nail wall and infill sidewalk on the south side of El Camino Real
between Oak Park Boulevard and Robles Road;
• expansion of the Park and Ride lot fronting Highway 101 between Halcyon Road
and Bennett Avenue by an additional 19 spaces (includes 5 handicap spaces) plus
10 additional spaces on the south side of El Camino Real west of the Faeh Street
intersection, and the addition of an area for future bus stop amenities;
• installation of a new 8-inch waterline along Oak Park Boulevard and El Camino Real
connecting the existing 6-inch waterline at the Oak Park Boulevard/Chilton Street
intersection to the existing 12-inch waterline near the El Camino Real/Robles Road
intersection;
• installation of a new 12-inch waterline along El Camino Real between Cornwall
Avenue and East Grand Avenue to serve future development in the area; and
• upgrade of an existing 12-inch storm drain to an 18-inch storm drain west of the
Cornwall Avenue/El Camino Real intersection.
On December 9, 2008, the City Council approved an agreement with North Coast
Engineering in the amount of $68,620 for the design of the El Camino Real Retaining
Wall, El Camino Real Resurfacing, and El Camino Real/Chilton Street Waterline Capital
Improvement Projects. During the course of the project design and construction, the
Item 8.i. - Page 2
CITY COUNCIL
CONSIDERATION OF ACCEPTANCE OF THE EL CAMINO REAL REHABILITATION
AND ENHANCEMENT PROJECT, PW 2008-09
JUNE 25, 2013
PAGE3
. City Council approved five consultant service agreement amendments to provide design
and construction support services, totaling $105,925:
CSA No. 1
CSA No. 2
CSA No. 3
CSA No. 4
CSA No. 5
April 28, 2009
June 9, 2009
November 9, 2010
June 28, 2011
February 14, 2012
$21,608
$19,851
$40,508
$8,958
$15,000
On April 1, 2012, The City Council approved an agreement with Terry Paris Inspection
Services to provide inspection services for the project in the amount of $24,500. The
City Council further approved Amendment No. 1 on October 9, 2012 to increase the
amount of the contract agreement to $55,000.
ANALYSIS OF ISSUES:
The contractor completed the work in accordance with the approved plans and
specifications in August 2012. Engineering staff and representatives of Brough
Construction recently completed negotiations to resolve outstanding work issues and
have agreed to the final payment quantities. It is important to finalize the project so the
City can request final reimbursement of Federal funds before they expire.
Brough Construction submitted a $46,000 claim for additional costs related to delays
allegedly caused by the City in obtaining required permits from Caltrans. Staff
negotiated a settlement of the claim in the amount of $20,000, which staff believes is
reasonable under the circumstances.
A Sixth Amendment to the Consultant Services Agreement with North Coast
Engineering is recommended to enable the completion of the project's record drawings.
The Agreement expired on June 30, 2012. The Sixth Amendment revives the contract
and extends the contract time to June 30, 2013. There are no additional costs to
complete the record drawing requirement.
On August 10, 2010, the City Council approved a consultant services agreement with
Earth Systems Pacific in the amount of $30,000 to provide material testing and
geotechnical services for the project. A First Amendment Earth Systems Pacific is also
recommended to cover additional costs incurred for geotechnical services in the amount
of $12, 160, stemming primarily from additional services for the soil nail retaining wall.
The $35,000 budget shortfall resulted from additional costs for design engineering,
inspection, material testing as well as additional material quantities installed by the
contractor that exceeded the originally projected design quantities.
Item 8.i. - Page 3
CITY COUNCIL
CONSIDERATION OF ACCEPTANCE OF THE EL CAMINO REAL REHABILITATION
AND ENHANCEMENT PROJECT, PW 2008-09
JUNE 25, 2013
PAGE4
ALTERNATIVES:
The following·alternatives are provided for the Council's consideration:
-Accept the El Camino Real Rehabilitation and Enhancement Project and approve
the Sixth Amendment to the Consultant Services Agreement with North Coast
Engineering, and the First Amendment to the Consultant Services Agreement
with Earth Systems Pacific;
-Do not accept the project and/or approve the Sixth Amendment and First
Amendment;
-Accept the project, but do not authorize release of retention; or
-Provide direction to staff.
ADVANTAGES:
The project is complete and closure will enable final payment of Federal grant funds.
Accepting the improvements will allow staff to close out the project and return any
remaining funds to the fund balance. Approval of the North Coast Engineering's Sixth
Amendment to extend the contract time is a "housekeeping" task to allow payment for
closeout services, primarily the final preparation and delivery of the record drawings.
Similarly, approval of the Earth Systems Pacific First Amendment will enable the City to
receive reimbursement for federal funds for additional services provided.
DISADVANTAGES:
The disadvantage of accepting the improvements would be if subsequent deficiencies in
the work are identified. However, the contract documents include a one-year warranty
period for the contractor to address any construction defects that may arise. In addition,
the final change order will result in an additional unbudgeted cost. However, staff
believes it is in the best interest of the City to settle this matter and close the project at
this time.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from CEQA pursuant to Section 15301(c).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, June 20, 2013. The Agenda
and report were posted on the City's website on Friday, June 21, 2013. No public
comments were received.
Attachment:
1. Notice of Completion
2. Sixth Amendment to the Agreement for Consultant Services with North Coast
Engineering
3. First Amendment to the Agreement for Consultant Services with Earth Systems
Pacific
Item 8.i. - Page 4
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF ARROYO GRANDE
P.O. BOX 550
ARROYO GRANDE, CA 93421
NOTICE IS HEREBY GIVEN THAT:
Attachment No. 1
NOTICE OF COMPLETION
I. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below.
2. The FULL NAME of the OWNER is: _,_,Th=e'-C=1..,_·1y._...of.....,A..:..:r...:..r"""oy.t.-'o'-G=.:....:ra~n=d'-"e _________________ _
3. The FULL ADDRESS of the OWNER is: 300 East Branch Street. Arrovo Grande. California 93420
4. The NATURE OF THE INTEREST or ESTATE ofthe undersigned is: ~'~·n..,..te=e~----------
5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT
TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
None
6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned ifthe property was transferred
subsequent to the commencement of the work of improvements herein referred to:
NAMES ADDRESSES
None
7. All work of improvement on the property hereinafter described was COMPLETED August 6. 2012
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
Brough Construction. Inc.
9. The street address of said property is: None
I 0. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State
of California, and is described as follows: El Camino Real Rehabilitation and Enhancement Project. PW 2008-09
Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California
that I am the Director of Parks, Recreation and Facilities of the aforesaid interest or estate in the property described in the above notice; that
I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct.
Teresa McClish, Community Development Director
June 26, 2013, Arroyo Grande, California
--END OF DOCUMENT --
-____ J
Item 8.i. - Page 5
CONSUL TANT SERVICES AGREEMENT
AMENDMENT NO. 6
ATTACHMENT 2
This Fifth Amendment ("Sixth Amendment") to Consultant's Services Agreement
("CSA") by and between the CITY OF ARROYO GRANDE and NORTH COAST
ENGINEERING, INC. is made and entered into this day of , 2013,
based on the following facts:
WHEREAS, the parties entered into a CSA dated December 9, 2008, for the design of
the El Camino Real Retaining Wall, El Camino Real Resurfacing, and El Camino Real/
Chilton Street Waterline Capital Improvement Projects; and
WHEREAS, the parties entered into a First Amendment to CSA dated April 28, 2009, to
include the design of bicycle lanes, sidewalk gap closures, and underground utilities
between Cornwall Avenue and East Grand Avenue as part of the project; and
WHEREAS, the parties entered into a Second Amendment to CSA dated June 9, 2009,
to include the design of the Halcyon Park and Ride Lot Expansion as part of the project;
and
WHEREAS, the parties entered into a Third Amendment to CSA dated November 10,
2009, to include additional design services on the El Camino Real Retaining Wall, El
Camino Real Resurfacing, and El Camino Real/Chilton Street Waterline Capital
Improvement Projects; and
WHEREAS, the parties entered into a Fourth Amendment to CSA dated June 28, 2011,
to include additional design services on the El Camino Real Retaining Wall, El Camino
Real Resurfacing, and El Camino Real/Chilton Street Waterline Capital Improvement
Projects.
WHEREAS, the parties entered into a Fifth Amendment to CSA dated February 14,
2012, to include additional surveying and construction support services on the El
Camino Real Resurfacing Project.
WHEREAS, the CSA expired on June 30, 2012; and
WHEREAS, the parties wish to revive and amend the original agreement as set forth
herein.
___ ___J
Item 8.i. - Page 6
NOW THEREFORE, for the good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree that the CSA is in full force and
effect as modified, and subject to the new terms and conditions set forth below:
1. Revive the CSA and extend the term to expire on August 1, 2013 to facilitate
the completion and satisfactory delivery of record drawings.
2. Except as modified herein, all other terms and conditions set forth in the CSA,
as amended, shall remain unchanged.
IN WITNESS WHEREOF, CITY and CONSUL TANT have executed this Sixth
Amendment the day and year first set forth above.
CITY OF ARROYO GRANDE CONSULTANT
By: ____________ _
TONY FERRARA, MAYOR NORTH COAST ENGINEERING
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.i. - Page 7
ATTACHMENT 3
CONSUL TANT SERVICES AGREEMENT
AMENDMENT NO. 1
This First Amendment ("First Amendment") to the Consultant Services Agreement by
and between the CITY OF ARROYO GRANDE and EARTH SYSTEMS PACIFIC is
hereby amended this day of 2013, based on the following:
WHEREAS, the parties entered into a CSA dated November 1, 2011 to provide
material testing and geotechnical services for the El Camino Real Rehabilitation Project,
PW 2008-09; and
NOW THEREFORE, for the good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree that the CSA is in full force and
effect as modified, and subject to the new terms and conditions set forth below:
1. Increase the not-to-exceed cost of the CSA from $30,000 to $42,160.
2. Except as modified herein, all other terms and considerations set forth in the
CSA, as amended, shall remain unchanged.
IN WITNESS WHEREOF, CITY and CONSUL TANT have executed this First
Amendment the day and year first above written.
EARTH SYSTEMS PACIFIC
By: _____________ _
CITY OF ARROYO GRANDE
By: _____________ _
Tony Ferrara, Mayor
Item 8.i. - Page 8