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HomeMy WebLinkAboutItem 11e - Gold Line Station Improvement Project DATE: December 17, 2019 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: Johnathan Doojphibulpol, Assistant Engineer SUBJECT: CONTRACT WITH THREE PEAKS CORP. FOR THE ARCADIA GOLD LINE STATION PEDESTRIAN LINKAGE IMPROVEMENTS IN THE AMOUNT OF $2,122,037.79, AND APPROVE AN ADDITIONAL APPROPRIATION OF $120,000 FROM PROPOSITION A AND C RESERVE FUNDS Recommendation: Approve SUMMARY In 2009, during the planning stages of the Gold Line Light Rail Extension Project, the City applied for and received a Metro Grant to improve pedestrian facilities around the Gold Line Station. In October 2017, the City approved an agreement with RRM Design Group for design services for the Arcadia Gold Line Station Pedestrian Linkage Improvements. After finalizing design, the City submitted and received Authorization to Proceed from Caltrans, after some extensive delays. On October 7, 2019, a Public Notice Inviting Bids was issued. Four (4) contractors placed bids, with Three Peaks Corp. producing the lowest bid. Although the low bid is within the current budget, the addition of a 10% contingency would put the total over the maximum budget. Therefore, an additional appropriation from available grant funding of $120,000 is requested. It is recommended that the City Council find the project categorically exempt pursuant to the requirements of the California Environmental Quality Act (“CEQA”), and approve a contract with Three Peaks Corp. in the amount of $2,122,037.79 for the Gold Line Pedestrian Linkage Improvements, approve a 10% contingency, and approve an additional appropriation of $120,000. Arcadia Gold Line Station Pedestrian Linkage Improvement Project Contract with Three Peaks Corp December 17, 2019 Page 2 of 4 BACKGROUND In anticipation of the opening of the light rail extension through the City in 2009, the City of Arcadia applied for and received Federal funding through the Metro Call-for-Projects program to improve pedestrian facilities around the light rail station. The scope of the project is to provide improved pedestrian access and connectivity between the Gold Line light rail transit facility and the surrounding area within a quarter-mile radius of the Arcadia Station. The parkways on First Avenue south of Wheeler Avenue were improved as part of the Downtown 2000 Project. The Gold Line construction included improvements to the parkways around the station and in front of the Transit Plaza and its parking structure. But to the north and east of the station, the parkways are in need of repairs and improvements. Although many of the old ficus trees on First Avenue have been removed, they have stained and damaged the sidewalks, curbs, and gutters there, and the remaining ficus trees continue to cause problems. The intersections are not pedestrian- friendly and the street lighting is not conducive to nighttime pedestrian travel. The proposed project will improve pedestrian connectivity for commuters and visitors alike by providing a pedestrian-friendly and safe environment leading to and from the Arcadia Gold Line Station in the north and east directions. The limits of the project are on First Avenue from Wheeler Avenue to Colorado Boulevard, and on Santa Clara Street from First Avenue to Second Avenue (Attachment “A”). In 2017, the City Council approved a Professional Services Agreement with RRM Design Group for conceptual and final design services. The final project scope includes the following elements: • Removal and replacement of sidewalks • Removal and replacement of street trees • Pedestrian lighting • “Bulb-outs” at intersection corners • Landscape planters at intersection corners • Irrigation system for new trees and planters • Decorative paver crosswalks at the intersections of First Avenue and St. Joseph Street, and First Avenue and La Porte Street • Benches at various locations • Replacement of all driveways and corner ramps for ADA accessibility The engineer’s estimate for the project is $1,920,416. On April 19, 2018, the City held a Community Open House to provide an opportunity for the Community to learn about the project, and pose any questions or concerns they may have with the improvements. Several business owners in the area attended and the responses were all favorable. Arcadia Gold Line Station Pedestrian Linkage Improvement Project Contract with Three Peaks Corp December 17, 2019 Page 3 of 4 Because this is a federally funded project, the City is required to obtain Federal funding approval from Caltrans, acting as the federal representatives. On January 16, 2018, the City Council approved a Professional Services Agreement with LAE Associates to assist the City with the Federal funding compliance process. Shortly thereafter, the process was initiated with Caltrans, and they ultimately approved the project, and authorized the funding on September 17, 2019. DISCUSSION The project was advertised for bids in October 2019, and on November 7, 2019, four (4) bids were received as shown below: CONTRACTOR AMOUNT Three Peaks Corp. $2,122,037.79 All American Asphalt $2,245,329.60 Los Angeles Engineering Inc. $2,316,342.05 Yakar $2,545,321.50 The Development Services Department was encouraged by the similarity in the bid amounts. This signifies that the projects have been bid realistically and consistently. The low bidder, Three Peaks Corp., is based out of Calimesa, CA. and was established in 2009. They typically work out of Riverside, San Bernardino, and Orange Counties and have previously performed projects in the Cities of Redlands and Yucaipa. Their other major projects include a skate park and a traditional park. Although they have not previously completed a federally funded project, they appear to understand the requirements, have provided all the required documentation, and exceeded the 10% goal for Disadvantaged Business Enterprise (“DBE”) subcontractor inclusion in the project. Three Peaks Corp. has all the necessary qualifications for this project. ENVIRONMENTAL ANALYSIS Because this is a Federal project, an extensive Preliminary Environmental Study was prepared under the guidelines of the National Environmental Protection Act (the “NEPA”). The conclusion of the study was that there would be no significant impacts to the environment and, therefore, the project was eligible for a Categorical Exemption/ Categorical Exclusion under NEPA and required no further studies. Caltrans reviewed and agreed with the study and the Categorical Exemption/Categorical Exclusion designation. The City was responsible for evaluating the project under the guidelines of the California Environmental Quality Act (“CEQA”). PSOMAS, a consulting engineering firm, was hired for the evaluation and they determined the project would be Categorically Exempt under Arcadia Gold Line Station Pedestrian Linkage Improvement Project Contract with Three Peaks Corp December 17, 2019 Page 4 of 4 Section 15301 – Class 1, Existing Facilities. The City filed the notice with the County Recorder on September 25, 2018. FISCAL IMPACT The City was awarded Federal funding for this project, through the Metro Call-for-Projects program, in the amount of $1,546,800, which, along with a City match of $832,900 from Proposition A and C Reserve Funds, for a total of $2,379,000, was programmed in the FY 2014-15 Capital Improvement Program. The Proposition A and C Reserve Fund was created to fund enhancements to the Gold Line projects. The funds were generated from the City’s Proposition A and C local returns in the 1990’s in anticipation of the Gold Line Extension. This Fund matched the City’s property tax measure to fund the Santa Anita Avenue Grade Separation Bridge and paid for other Arcadia betterments to the Gold Line station and surrounding area. Previous expenditures of approximately $150,000 for related services have reduced the remaining budget to approximately $2,229,000. The low bid of $2,122,037.79, with a 10% contingency of $212,203, brings the total budget need to $2,334,240.79. An additional appropriation of $120,000 is requested from the Proposition A and C Reserve Fund to cover the budget shortfall. The contingency may not be necessary and, of course, it will not be utilized if not required; for a project of this size, it is important to have such a contingency in the event that unforeseen issues arise. RECOMMENDATION It is recommended that the City Council determines that the project is categorically exempt pursuant to the requirements of the California Environmental Quality Act (“CEQA”); approve a Contract with Three Peaks Corp. for the Arcadia Gold Line Station Pedestrian Linkage Improvements in the amount of $2,122,037.79, and a 10% contingency; and approve an additional appropriation of $120,000 from Proposition A and C Reserve Funds. Attachment “A”: Gold Line Station Pedestrian Improvement Project Map Attachment “B”: Proposed Contract Gold Line Station Pedestrian Linkage Improvement Project Area Attachment "A" GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CITY OF ARCADIA ARCADIA GOLD LINE STATION PEDESTRIAN LINKAGE PROJECT NO. 41853515 FEDERAL PROJECT NO. CML-5131(020) OCTOBER 2019 BETWEEN CITY OF ARCADIA AND THREE PEAKS CORPORATION CONTRACT Attachment "B" (PROJECT NO. 41853515) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 1 CONTRACT FOR THE CITY OF ARCADIA ARCADIA GOLD LINE STATION PEDESTRIAN LINKAGE 1. PARTIES AND DATE. This Contract is made and entered into this ______ day of _________, 2019, by and between the CITY OF ARCADIA (hereinafter called the "Owner") and THREE PEAKS CORPORATION (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 in October 2019, has submitted a bid proposal for construction the ARCADIA GOLD LINE STATION PEDESTRIAN LINKAGE 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 Federal Requirements 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) Part “F” - Performance Bond Part “G” - Payment Bond (PROJECT NO. 41853515) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 2 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 as necessary to fully and adequately complete ARCADIA GOLD LINE STATION PEDESTRIAN LINKAGE, including any alternates selected by the Owner, and all structures and facilities described in the Contract (hereinafter the "Work"), for a total of TWO MILLION ONE HUNDRED TWENTY-TWO THOUSAND THIRTY-SEVEN DOLLARS AND SEVENTY-NINE CENTS ($2,122,037.79), 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 W ork 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. 41853515) 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 140 working 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 wil l suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of SEVEN HUNDRED FIFTY DOLLARS ($750) 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. 41853515) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 4 3.9 Form FHWA – 1273 Required Contract Provisions Federal Aid Construction Contracts See Federal Requirements section. 3.10 Federal Wages – General Decision Number CA 190022 05/03/2019 CA 22 See Federal Wage Rate section. 3.11 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 Three Peaks Corp. 1025 Calimesa Blvd., #6 Calimesa, CA. 92320 Attn: Erik Simmons Attn: President Owner With Copies To: City of Arcadia 240 West Huntington Drive Arcadia CA 91007 Attn: Jason Kruckeberg, Asst. City Mgr/ Attn: Development Services Director 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. [SIGNATURES ON NEXT PAGE] (PROJECT NO. 41853515) GB - STATE & LOCAL (505/507/660) (7/24/00) RVPUB\DRD\570015 CONTRACT - 5 CONTRACTOR CITY OF ARCADIA By: By: Name Dominic Lazzaretto, City Manager Title Date By: Attest: Name Title City Clerk Tax I.D. Number: Contractor’s License: 941528 Class: A, B, C-33 DIR Number: Approved as to Form: By: ______________________________ Stephen P. Deitsch, City Attorney (PROJECT NO. 41853515) 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: THREE PEAKS CORPORATION By: Signature: __________________________ Name: __________________________ Title: __________________________ Date: __________________________