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Item 2i - Pedestrian Access Improvement Project
DATE: September 5, 2017 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Philip A. Wray, Deputy Director of Development Services/City Engineer By: Kevin Merrill, Principal Civil Engineer SUBJECT: CONTRACT WITH SULLY-MILLER CONTRACTING CO. FOR PEDESTRIAN ACCESS IMPROVEMENTS BETWEEN HUNTINGTON DRIVE AND THE CITY-OWNED PARKING LOT IN THE AMOUNT OF $182,748, AND FIND THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 CLASS 1(B) FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) Recommendation: Approve SUMMARY In 2015, improvement plans were prepared for the City’s Pedestrian Access Improvement project. The pedestrian access is located in a City easement, midway between Santa Anita Avenue and First Avenue, connecting Huntington Drive with the City-owned parking lot north of Huntington Drive. The access is a narrow walkway between two buildings and is difficult to find. The proposed improvements consist of lighting in the easement, and pavement/sidewalk treatments and signage at the entry points, to make it more visible and accessible. The project was advertised for bids in July 2017. On August 15, 2017, two (2) bids were received with the low bid being from Sully-Miller Contracting Co. in the amount of $182,748. It is recommended that the City Council award a contract for the Pedestrian Access Improvements between Huntington Drive and the City-owned Parking Lot to Sully-Miller Contracting Co. in the amount of $182,748, and approve a 10% contingency. Contract with Sully Miller Contracting Co. for Pedestrian Access Improvements September 5, 2017 Page 2 of 4 BACKGROUND The City owns a pedestrian access easement on the north side of Huntington Drive, midway between Santa Anita Avenue and First Avenue, connecting Huntington Drive with the City-owned Parking Lot north of Huntington Drive (this lot is known as Parking Lot 2 in City records). The access-way provides a mid-block option for those parking in Parking Lot 2 to easily access businesses on Huntington Drive; however, the access is very narrow, between two buildings, and is difficult to locate. There are currently no signs or landmarks to draw attention to it. See Attachment 1 for an aerial map of the easement. In May of 2015, the City contracted with Kreuzer Consulting Group (“KCG”) to develop a plan of improvements for the pedestrian access. KCG prepared conceptual plans that included various lighting concepts, and different accent treatments at each end, using decorative pavers and monument signage. Upon the City’s approval of the specific elements, KCG prepared construction plans and specifications. The project includes: • A freestanding pedestrian light on a decorative pole midway in the easement • Decorative monument signs at both entry points • Pavers in the Huntington Drive sidewalk at the entry point • Decorative paving in the alley at the entry point • Removal and replacement of a tree in Parking Lot 2 For budgeting and project administration purposes, the Pedestrian Access Improvements were combined with proposed improvements to the City-owned Downtown parking lot at the easterly terminus of Wheeler Avenue (City Parking Lot 1B). The combined project was advertised for bids in January 2017. Concurrent with the bidding process, the property owners of the properties adjacent to Parking Lot 1B approached the City with development plans for their properties, and inquired of the City’s interest in including the City’s parking lot. Because of this, the City Council chose to postpone the proposed Parking Lot 1B improvements until either a preferred proposal is actively pursued, and the impacts on the City facilities can be evaluated, or development plans are abandoned. Thus, on May 16, 2017, the City Council rejected all bids for the Downtown City Parking Lot 1B and the Pedestrian Access Improvement project, and directed staff to separate out the pedestrian access improvements, and rebid them as a separate project, as soon as possible. DISCUSSION The pedestrian access improvement plans and specifications were reassembled as a stand-alone project and advertised for bids in July 2017. The engineers’ estimate for the project was $142,238. On August 15, 2017, two (2) bids were received as follows: Contract with Sully Miller Contracting Co. for Pedestrian Access Improvements September 5, 2017 Page 3 of 4 NAME AMOUNT SULLY-MILLER CONTRACTING CO. $182,748 VIDO SAMARZICH, INC. $188,615 The two bids are very close, as are the unit prices in each. In comparison with the estimate, the low bid’s unit prices are uniformly higher, with no single item significantly different than the rest. The higher unit prices are most likely a reflection of the small quantities in this project and, had the quantities been greater, it is likely that the unit prices would be closer to the estimate. Sully-Miller is a qualified, licensed contractor, and has satisfactorily completed several City projects, with the most recent project being the Duarte Road Pavement Rehabilitation Project. Through Sully-Miller’s successful bidding experience with the City, they have proven that their costs are competitive and reasonable in this bidding environment. A 10% contingency is requested for additional funding authority when evaluating potential additions or changes. CONFLICT OF INTEREST Council Member Verlato owns a business and property directly adjacent to the City’s easement. As such, she has a conflict of interest with regard to the consideration of this matter. Council Member Verlato will recuse herself from consideration of this matter and will not be involved in any discussion or action on this matter. ENVIRONMENTAL IMPACT This project is categorically exempt per section 15301(c) of the California Environmental Quality Act. FISCAL IMPACT The Pedestrian Access Improvements were initially combined with the Downtown City Parking Lot 1B Improvements as one project in the Capital Improvement Program. The combined project has a total budget of $690,000, with a breakdown as follows. CIP GAS TAX CAPITAL OUTLAY TOTAL FY 2015-16 $170,000 $100,000 $270,000 FY 2016-17 0 $420,000 $420,000 TOTAL $170,000 $520,000 $690,000 Contract with Sully Miller Contracting Co. for Pedestrian Access Improvements September 5, 2017 Page 4 of 4 The low bid for this project is $182,748, and will be funded by the Capital Outlay portion of the budget. There are sufficient funds available for this project. RECOMMENDATION It is recommended that the City Council find that the project is categorically exempt pursuant to Section 15301 Class 1(B) from the requirements of the California Environmental Quality Act (“CEQA:), and approve, and authorize and direct the City Manager to execute a contract with Sully-Miller Contracting Co. for the Pedestrian Access Improvements between Huntington Drive and the City-owned Parking Lot in the amount of $182,748, and approve a 10% contingency. Attachment No. 1: Aerial Map Attachment No. 2: Proposed Contract Disclaimer: This map is a user generated static output from an Internet mapping site and is for reference only. Datalayers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 © City of ArcadiaWGS_1984_Web_Mercator_Auxiliary_Sphere 0 Miles0.0 0.02 Legend 1: Pedestrian Access betweenParking Lot 2 & Huntington Dr. Reported on 08/30/2017 11:53 AM 1,128 Notes This map was automatically generated using Geocortex Essentials. City Boundary Arcadia City Boundary Sphere of Influence Parcels GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CITY OF ARCADIA DOWNTOWN PEDESTRIAN ACCESS IMPROVEMENTS AT HUNTINGTON DRIVE / PARKING LOT 2 PROJECT NO. 41853716 BETWEEN CITY OF ARCADIA AND SULLY-MILLER CONTRACTING CO. (PROJECT NO. 41853716) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 1 CONTRACT FOR THE CITY OF ARCADIA DOWNTOWN PEDESTRIAN ACCESS IMPROVEMENTS AT HUNTINGTON DRIVE / PARKING LOT 2 PROJECT NO. 41853716 1. PARTIES AND DATE. This Contract is made and entered into this ______ day of _________, 2017, by and between the CITY OF ARCADIA (hereinafter called the "Owner") and SULLY-MILLER CONTRACTING CO. (hereinafter called the "Contractor"). 2. RECITALS. 2.1 The Owner is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by Owner January 2017, has submitted a bid proposal for construction the DOWNTOWN PEDESTRIAN ACCESS IMPROVEMENTS AT HUNTINGTON DRIVE / PARKING LOT 2 PROJECT described in the Contract. 2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on [**INSERT DATE**]. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a. Notice Inviting Bids b. Instructions to Bidders c. Contract Bid Forms d. Contract e. Contract Appendix Part "A" - General Conditions Part "B" - Supplementary General Conditions Part "C" - Special Provisions Part "D" - Specifications Part "E" - Drawings (under separate cover) (PROJECT NO. 41853716) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 2 Part “F” - Performance Bond Part “G” - Payment Bond Part “H” - Escrow Agreement for Security Deposits (optional) f. ADDENDUM NO. ______ dated _________________. The above documents, including the General Conditions, are an integral part of the Contract Documents. In addition to signing this Contract, Contractor shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. Contractor shall not disclaim knowledge of the meaning and effect of any term or provision of the Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that Contractor fails to initial below, the Owner shall have the right to declare the Contract unexecuted and to award the Contract to another contractor in accordance with state law. ____________________________ Contractor’s Initials 3.2 Contractor's Basic Obligation. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work for the construction necessary to fully and adequately complete DOWNTOWN PEDESTRIAN ACCESS IMPROVEMENTS AT HUNTINGTON DRIVE / PARKING LOT 2 PROJECT, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work"), for a total of one hundred eighty two thousand seven hundred forty eight DOLLARS ($182,748), as specified in the Contract Bid Forms submitted by the Contractor in response to the above referenced Notice Inviting Bids. Such amount shall be subject to adjustment in accordance with the applicable terms of this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents. 3.3 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor further represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. (PROJECT NO. 41853716) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 3 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within 60 calendar days, beginning ten (10) calendar days after the date on which the Notice to Proceed is sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the Owner will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of ONE THOUSAND DOLLARS ($1,000) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 Owner's Basic Obligation. Owner agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 3.6 Contractor's Labor Certification. Contractor maintains that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose is attached hereto as Exhibit “A” and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 3.8 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the Owner. (PROJECT NO. 41853716) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 4 3.9 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor Surety Sully-Miller Contracting Co. 135 S. State College Blvd., Suite 400 Brea, CA 92821 Attn: Attn: Owner With Copies To: City of Arcadia 240 West Huntington Drive Arcadia CA 91007 Attn: Jason Kruckeberg Attn: Assistant City Mgr/Dev Svcs Dir Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. CONTRACTOR CITY OF ARCADIA By: ____________________________ By: ______________________________ Name Dominic Lazzaretto, City Manager ____________________________ ______________________________ Title Date By: ____________________________ Attest: Name ____________________________ By: ______________________________ Title City Clerk Tax I.D. Number: Contractor’s License: ____________________________ Number______________________________ Number Class________________________________ Approved as to Form: By: ______________________________ Stephen P. Deitsch, City Attorney (PROJECT NO.41853716) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT (EXHIBIT A) EXHIBIT “A” CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code. I agree to and will comply with such provisions before commencing the Work governed by this Contract. CONTRACTOR: Name of Contractor: SULLY-MILLER CONTRACTING CO. By: Signature: __________________________ Name: __________________________ Title: __________________________ Date: __________________________