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2018/02/08 L.C. Paving and Sealing, Inc. CIP No.18-05 Sherman Rd Missing Sidewalk CITY OF MENIFEE ?' DEPARTMENT OF PUBLIC WORKS ni ENIFE 5} CONTRACT CHANGE ORDER N0.001 Page 1 of 2 DATE: 5/10/2018 PROJECT DESCRIPTION: New Sidewalk Installation PROJECT NO: CIP No.18-05(Sherman Road Missing Sidewalk) PURCHASE ORDER NO: 1460 CONTRACTOR: L.C.Paving and Sealing,INC DESCRIPTION OF CHANGES AND/OR EXTRA WORK: The Contractor is hereby directed to make the herein described changes from the plans and specifications and/or perform the following described work not included in the Plans and Specifications for this project. ITEM DESCRIPTION U/M QUANTITY UNIT PRICE TOTAL 1 Bid Item 2:Additional removal and disposal of existing PCC SF 284 $3.50 $994.00 2 Bid Item 3:Additional 4"PCC SF 284 $5.50 $1,562.00 3 Bid Item 5:Deletion: Install glue down truncated domes EA 3 $ 550.00 ($1,650.00) 4 Bid Item 5:Install wet set truncated domes EA 4 300.00 $1,200.00 5 Bid Item 6:Additional cross gutter CY 4 54.00 $216.00 TOTAL ESTIMATED PRICE FOR THIS CHANGE ORDER: $2,322.00 This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the Contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated. JUSTIFICATION: (Be specific on each item. Attach supporting documents as necessary) Item 1: Additional removal and disposal of existing sidewalk to fix(1)additional pedestrian ramp. Item 2: Additional installation of new pedestrian ramp and portion of sidewalk Item 3: Deletion of(3)glue down truncated domes Item 4: Installation of(4)wet-set truncated domes Item 5: Additional installation of gross cutter drain Item 6: M:\Public Works Department\_Public Works Projects\CIP Projects\18-05 City Sidewalk ProjectsA Sherman at Hans Christensen\CCO1 CITY OF MENIFEE DEPARTMENT OF PUBLIC WORKS ENIFE CONTRACT CHANGE ORDER NO.001 4 may. Page 2 of 2 CONTRACT VARIANCE SUMMARY CCO# Description Amount % Additional Time Date Approved 1 $2,322.00 5.80% 0 Totals $2,322.00 5.80% 0 Original Contract Amount: $ 40,061.50 Date Started: March 19,2018 Previous Change Order Amounts: $ - Original Completion Date: April 2,2018 Current Change Order Amount: $ 2,322.00 Additional Time(Working Days) 0 Revised Contract Amount: $ 42,383.50 Revised Completion Date: April 2,2018 Change Order Amount $ 2,322.00 Total Change Orders $ 2,322.00 Remaining Change Order Amount $ AUTHORIZATION BY CITY: Recommended for approval by: Date: Allen Yun Acting Fleet&Facilities Manager Approved by: _ rl Date: ' Date:" Jo ath Smith,P.E. Armando G.Villa' D're or of Public Works/City Engineer City Manager / ACCEPTANCE BY CONTRACTOR: We,the undersigned Contractor,have given Careful consideration to the above described changes and/or extra work and hereby agree that said work is a supplement to the contract and all provis'Ons will apply hereto. Accepted by: � Date:—01 ZI I Sig ure Please print name and title M:\Public Works Department\_Public Works Projects\CIP Projects\18-05 City Sidewalk Projecls\4.Sherman at Hans Christensen\CC01 MENIFEE CIS OF MENIFEE AGREEMENT/CONTRACT COVERSHEET DATE: 03/05/2018 TO: Armando G.Villa,City Manager CC: Department Date Initials Jonathan G. Smith, PW Director/City Engr. 3 Wendy Preece,Acting Finance Director Jeffrey T. Melching, City Attorney C� .�- Su'r(3J11 Sarah A. Manwaring, City Clerk Own �<<2� FROM: Carlos E.Geronimo,Senior Civil Engineer s 'I$I\� f L SUBJECT: Owner-Contractor Agreement with LCP fro Sherman Rd Missing Sidewalk Link, CIP 18-05 IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER'S SIGNATURE AUTHORITY? ®Yes—® Purchase of Commodities Under$50,000 ❑ Professional Services under$25,000 ❑Change Order under$25,000 or less than 10%of original contract(supplies,equipment,services or construction contracts) ❑ No—City Council authorized City Manager to sign(Council action attached) WHY IS THIS AGREEMENT/CONTRACT NEEDED? The City of Menifee Public Works Department is proposing to construct a portion of missing sidewalk on Sherman Road adjacent to Hans Christensen Middle School. WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT? March 5,2018 to April 5, 2018 WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? The Contract is in the amount not to exceed$44,067(includes 10%contingency amount). HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON? Supplies/Equipment/Maintenance/Construction Prior Contract/Expericence with the City ❑$5,000-$49,000—Three Written Quotes ❑ Yes ❑Over$50,000—Competitive Bidding and Formal Proposals Public Works Proiects Professional Services ® Under$45,000—Purchase Order,Contract(Prudent Judgement) ❑Over$25,000—City Council Approval ❑$45,000-$174,999—Informal Bidding Process ❑Over$175,000—Formal Bidding Required WHERE ARE THE FUNDS COMING FROM? FY 17-18 Measure DD funds(See attached staff report) *Please attached a second page for additional information to support this agreement. WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? 105-4555-58063 IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? Yes,the total approved project budget is$550,000 of which $462,894 remain. 2 .1 r r^. .MENIFEE:.= CITY OF MENIFEE ------------------------------------------------------------------ SUBJECT: Budget Appropriation in the Measure DD Fund for the School Sidewalk "Missing Link" Improvements Project MEETING DATE: September 6, 2017 TO: Mayor and City Council PREPARED BY: Allen Yun, Senior Administrative Analyst REVIEWED BY: Jonathan Smith, Public Works Director/CityEnngineer APPROVED BY: Ronald E. Bradley, Interim City Manager Q& ------------------------------------------------------------------ RECOMMENDED ACTION Approve an increase in appropriations in the Measure DD Fund in the amount of $550,000 for the installation of City sidewalks. DISCUSSION At the May 17, 2017 City Council Meeting, Council requested to have the Public Works/Engineering Department bring a program to Council for approval to construct missing sidewalks for routes to schools. As requested, the Public Works/Engineering Department surveyed the City's right-of-ways near school zones and identified the following missing public sidewalk segments: MISSING SIDEWALK LIST Street From To Street Length (ft) MUSD School nearby Side (3,500 ft) New Salt Creek Freedom Crest Menifee Road Arrowhead Bridge West side 465 Elementary Lindenberger Road Trailhead Dr Southbound West Side 1,160 Ethan A Chase Middle Southshore South Shore Holland Road Drive Westbound North side 729 Elementary Ridgemoor Valley Phoenix Way North side 710 Ridgemoor Elementary City of Menifee Staff Report School Sidewalk Missing Link September 6, 2017 Page 2 of 2 Road Boulevard Garbani Road Evans Rd School South Side 1,240 Menifee Elementary Sherman Hans Christensen Road McCall Blvd Shadel Road West Side 588 Middle Hans Christensen McCall Blvd Encanto Drive Sherman Rd South Side 1,120 Middle Street From To Street Length (ft) Romoland School Side nearby(3,500 ft) Boulder Ridge McCall Blvd Menifee Rd Junipero Rd North Side 1,250 Elementary Boulder Ridge McCall Blvd Junipero Rd Woodside Rd South Side 1,500 Elementary Boulder Ridge McCall Blvd Aspel Rd Eastbound South Side 500 Elementary Street From To Street Length (ft) Charter School nearby Side (3,500 ft) Sherman Road Holland Rd School East Side 1,440 Santa Rosa Academy TOTAL 10,702.00 At the direction of the City Council, staff would prepare a notice of inviting bid (BID) to solicit bids from properly licensed contractors to construct all or a portion of the missing sidewalk sections listed above. FISCAL IMPACT Staff requests City Council to authorize an increase in appropriation in the Measure DID Fund to account 105-4555-58063 in the amount of $550,000 for the installation of the listed sidewalks above. This will bring the total available fund balance in the Measure DID fund from the projected 2017/18 year-end balance of$1,369,814 to $819,814. CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT CIP NO. 18-05, SHERMAN ROAD MISSING SIDEWALK This Owner-Contractor Agreement ("Agreement") is made and entered into for the above referenced Project by and between the City of Menifee ("Agency"), and L.C. PAVING & SEALING. INC ("Contractor"), whose principal business address is 330 RANCHEROS DRIVE, STE. 208, SAN MARCOS, CA 92069 on the 8th day of February, 2018. In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit "A" attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the "Work") in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the Sherman Road Missing Sidewalk Proieet, CIP No. 18-05 to be constructed on Sherman Road in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit "A" and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit "A" shall be deemed revised in accordance with any revisions for which Agency's consent has been issued. Any revisions to the scope of Work for which Agency's consent has not been issued shall be null and void. 2. CONTRACT PRICE Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit "B", Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 290/0 3 1 858-0008 7645681.2 a03/01/18 Page 1 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 5. LABOR CODE REQUIREMENTS Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.] 6. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 7. AUTHORIZED AGENCY REPRESENTATIVES On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees. 8. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires 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 I will comply with such provisions before commencing the performance of the Work of this Agreement." 9. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 290/031858-0008 7645681.2 a03/01/18 Page 2 10. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested. 11. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. 12. LICENSES AND PERMITS Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 13. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch 14. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 15. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard'of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: 290/031858-0008 7645681.2 a03/01/18 Page 3 (Initial) (InA ial) 16. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: CONTRACTOR: City of Menifre L.C. PAV iG & SE LING, INC. By: By: Armando 61villa, City Manager /Na - Jose A Salinas resident, Sec., Treas., VP, Manager APPROVED AS TO FORM: By: Name: By: Its: JggeflT. Melching, City Attor y ATTEST• B ; - 040665 6S rah A. Ma aring, City Cler Contractor's City Business License No. 621610A—B —C12 State Contractor License No. & Class 330 Rancheros Dr. Suite 208 Street Address San Marcos, CA 92069 City, State, Zip Code [NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.] 290/031858-0008 7645691.2a03/0Ii18 Page 4 EXHIBIT A CONTRACT DOCUMENTS Scope of Work Construction Plans and Exhibits City of Menifee Special Provisions Standard Specifications for Public Works Construction (Greenbook latest edition) City of Menifee Standard Plans 290/031858-0008 7645681.2 a03/01/18 Page 5 EXHIBIT B CONTRACT PRICE [NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS] The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency. 290/031858-0008 7645681.2 a03/01/18 Page 6 CIP 18-05 SHERMAN ROAD MISSING SIDEWALK EXHIBIT A SCOPE OF WORK 1. Contractor shall remove approximately 56 CY of material from the site over the proposed sidewalk area to a depth of 4" max. The contractor shall compact the subgrade to 90% relative compaction prior to placing concrete. 2. Contractor shall remove and dispose of approximately 414 sf of existing concrete surface. .3. Contractor shall adjust to grade utility boxes inside the project area and protect-in-place all other existing utilities. 4. Contractor shall place PCC sidewalk 7.5' wide x 4" thick as shown in the construction exhibits. Sidewalk shall be placed per City of Menifee Standard Plan No. 400. 5. Contractor shall install ADA pedestrian ramps per City of Menifee Standard Plan No.405. 6. Contractor shall install Safety Step glue down truncated domes color yellow. 7. Contractor shall be responsible to meet the grade requirements of the ADA ramp. If after construction the pedestrian ramps is not compliant to ADA and City requirements, contractor shall be responsible at his own cost to remove and replace the ramp. 8. Contractor shall install cross gutter per City of Menifee Standard Plan 209. Contractor is responsible to meet and match the existing flow line elevations of the cross gutter. 9. All work shall be performed per 2015 Standard Specifications for Public Works Construction "Greenbook" unless otherwise specified in these contract documents. 10. Contractor is responsible for providing and maintaining all traffic control devices for the duration of construction. Note that an elementary school is nearby and pedestrian traffic may be present during construction hours. 11. Contractor is solely responsible for verifying grades. Sidewalk cross fall shall not exceed 1.5%. 12. Contractor is responsible for removal and disposal to a legal site of any export, trash, debris, and all other materials related to the work performed under this contract. 13. Contractor shall warranty all work performed under this contract for a period of not less than 365 days from the date of completion. 14. Unless otherwise agreed to in writing working hours shall be from 7:30 am to 4:30pm Monday through Friday. No weekend or holiday work is allowed unless permission is requested and granted in writing 1 week prior to performing the work. The City shall accept or deny such a request at its sole discretion. 15. Contractor shall obtain a no fee encroachment permit from the City of Menifee prior to beginning the work. 16. Due to the short duration of the project no progress payments shall be made. A single payment shall be made after completion of all work. Final billing shall include certified payroll and adequate documentation to the satisfaction of the City Engineer that all subcontracts and material suppliers have been paid. Payment shall be withheld until such items are received and verified. No bonding shall be required for this project. 17. Contractor shall provide the City 72 hour notice prior to beginning of construction and shall provide 24 hr notice prior to any inspections. 18. Contractor responsible for contacting Underground Service Alert at least 48 hours prior to any excavation. EXHIBIT B CONTRACT PRICE Sherman Rd Missing Sidewalk ITEM ESTIMATED EXTENDED No DESCRIPTION UNIT QUANTITY UNIT PRICE ITEM AMOUNT 1 Unclassified excavation, include CY 56 subgrade compaction and grading 31 i� S9.3oG 2 Remove and dispose of existing PCC SF 414 $3.50 1A°-^^ S 1.449 00 3 Install 4" PCC per City standard SF 4,579 $5.50 $25,184.50 4 Raise water valve cover to grade EA 1 S�0 S50 5 Install glue down Safety Step truncated EA 3 $550 $1,650.00 domes 6 Install Cross Gutter per City standard SY 32 $54.00 $1,728.00 7 Remove and relocate STOP SIGN EA 1 S200 S200 TOTAL 540.061.50 Total Contract Amount = $ S40.061 .50 Price for items 2, 3, 5, and 6 are based on contractor's unit bid price per PW 17-02 On-Call Concrete Maintenance Services contract executed on November 2, 2017.