HomeMy WebLinkAboutItem 12g - Arcadia Gold Line Pedestrian Linkage Improvements
DATE: February 4, 2020
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 CORPORATION FOR THE ARCADIA
GOLD LINE STATION PEDESTRIAN LINKAGE IMPROVEMENTS IN
THE AMOUNT OF $2,122,037.79; AND ADOPT RESOLUTION NO. 7289
AMENDING THE FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT
PROGRAM BUDGET AUTHORIZING A SUPPLEMENTAL
APPROPRIATION FOR THE GOLD LINE STATION PEDESTRIAN
LINKAGE PROJECT IN THE AMOUNT OF $120,000, OFFSET BY A
REDUCTION IN THE PROPOSITION A AND C RESERVE FUND
Recommendation: Approve and Adopt
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 Corporation in the amount of $2,122,037.79 for the Gold Line
Pedestrian Linkage Improvements, approve a 10% contingency, and adopt Resolution
Arcadia Gold Line Station Pedestrian Linkage
Improvement Project Contract with Three Peaks Corp
February 4, 2020
Page 2 of 5
No. 7289 (Attachment No. 3) authorizing a supplemental budget appropriation in the
amount of $120,000 from the Proposition A and C Reserve Fund.
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 No. 1).
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
Arcadia Gold Line Station Pedestrian Linkage
Improvement Project Contract with Three Peaks Corp
February 4, 2020
Page 3 of 5
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.
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
Arcadia Gold Line Station Pedestrian Linkage
Improvement Project Contract with Three Peaks Corp
February 4, 2020
Page 4 of 5
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 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 Corporation for the Arcadia Gold Line
Station Pedestrian Linkage Improvements in the amount of $2,122,037.79 and a 10%
contingency; and adopt Resolution No. 7289 amending the Fiscal Year 2019-20 Capital
Improvement Program budget authorizing a supplemental appropriation for the Gold
Line Station Pedestrian Linkage Project in the amount of $120,000, offset by a reduction
in the Proposition A and C Reserve Fund.
Arcadia Gold Line Station Pedestrian Linkage
Improvement Project Contract with Three Peaks Corp
February 4, 2020
Page 5 of 5
Attachment No. 1: Gold Line Station Pedestrian Improvement Project Map
Attachment No. 2: Proposed Contract
Attachment No. 3: Resolution No. 7289
Gold Line Station Pedestrian Linkage
Improvement Project Area
Attachment No. 1
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BETWEEN
CITY OF ARCADIA
AND
THREE PEAKS CORPORATION
CONTRACT
Attachment No. 2
CITY OF ARCADIA
ARCADIA GOLD LINE STATION
PEDESTRIAN LINKAGE
PROJECT NO. 41853515
FEDERAL PROJECT NO. CML-5131(020)
OCTOBER 2019
(PROJECT NO. 41853515)
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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
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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.
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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.
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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.
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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
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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: __________________________