HomeMy WebLinkAbout23A - AMEND CONTRACT FOR PARK LOT IMPROVEMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 17, 2020
TITLE:
AMEND THE CONSTRUCTION CONTRACT
WITH HARDY & HARPER, INC. BY $62,499,
FOR A NEW CONTRACT TOTAL AMOUNT OF
$295,099, TO CONSTRUCT THE THORNTON
PARK PARKING LOT IMPROVEMENTS
WITH NO CHANGE TO THE ESTIMATED
TOTAL PROJECT COST OF $320,000
(PROJECT NO. 18-7530)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2i1 Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
/s/Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Authorize the City Manager to amend the construction contract with Hardy & Harper, Inc.
via change order, by an increase of $62,499, resulting in a revised construction contract
total of $295,099.
2. Approve a revised Project Cost Analysis authorizing the reclassification of the approved
project contingency of $23,260 and reducing project administration, testing, and inspection
costs in the amount of $39,239 for a net zero change in the original approved Community
Development Block Grant (CDBG) project funding of $320,000.
DISCUSSION
The existing Thornton Park parking lot (Exhibit 1), servicing the park and sports fields, is in need
of renovation and has been identified as a high priority facility in need of rehabilitation. The scope
of work includes removing and replacing failed asphalt pavement, damaged concrete curb and
gutter, concrete curb ramps, and painting stripes and markings. The project was included in the
City Council -approved Capital Improvement Program for Fiscal Year 2017-18.
On June 18, 2019, the City Manager authorized a construction contract with Hardy & Harper, Inc.
in the amount of $232,600 for construction of the Thornton Park Parking Lot Improvements Project
(Exhibit 2). During removal of the pavement, moisture intrusion into the subsoil was discovered,
which has caused the subsoil to become unstable. After considering several options to address
the moisture intrusion, the least costly option that would yield permanent, long-term benefits was
to over -excavate, remove undesirable subgrade, and perform cement subsoil treatment. This
unforeseen work is not a part of the original construction contract. Therefore, staff recommends
reclassification of the contract funds through approval of a contract change order to accommodate
the extra costs related to mitigating the effects of the moisture intrusion in the subsoil. The table
23A-1
Amend Construction Contract with Hardy & Harper, Inc.
Thornton Park Parking Lot Improvements
March 17, 2020
Page 2
below summarizes the originally authorized expenditures and the reclassification of the funds,
which yields a net zero cost to the project:
EXPENDITURE CATEGORY
I ORIGINAL AMOUNT
CHANGE
NEW TOTAL
Design Engineering
$23,725
$23,725
Construction Contract
$232,600
$62,499
$295,099
Construction Administration
$19,568
($18,392)
$1,176
Inspection & Testing
$20,847
$20,847
$0
Contingencies
$23,260
$23,260
$0
TOTAL
$320,000
$0
$320,000
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy C (invest resources to extend the service life of existing infrastructure to protect
the City's investment and support a high quality of life standard).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review. Categorical Exemption Environmental Review No. ER-2019-17 was filed for
the project.
FISCAL IMPACT
The contract change order will reclassify contract funds to accommodate the extra costs related to
the unforeseen soil issues. As indicated in the Cost Analysis (Exhibit 3) and in the table above,
the estimated total construction delivery cost of the project remains at the originally budgeted
amount of $320,000. Funding for the project was provided from the Community Development
Block Grant Fund. The following table summarizes the approved funds budgeted for expenditure
to deliver construction of this project.
Fiscal
Accounting Unit—
Fund
Accounting Unit -Account No.
Amount
Year
Account No. (Prof No.)
Description
Description
FY 19-20
13518783-66220
CDBG
CDBG Programs, Improvements
$320,000
July -June
18-7530
Other Than Building
TOTAL FUNDING:
$320,000
23A-2
Amend Construction Contract with Hardy & Harper, Inc.
Thornton Park Parking Lot Improvements
March 17, 2020
Page 3
Nabil Saba, PE
Acting Executive Director
Public Works Agency
Steven Mendoza
Executive Director
Community Development Agency
NS/WEG/MO/VS
Exhibits: 1. Location Map
2. Construction Contract
3. Cost Analysis
APPROVED AS TO FUNDS & ACCOUNTS:
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
Lisa Rudloff
Executive Director
Parks, Rec & Community Services
23A-3
PROJECT LOCATION
SANTA ANA
Project No. 18-7530:
Pl Thornton Park Parking Lot
PUBLIC WORMS AGENCY Improvements Project
IPdSJ` ANCE NOT ON FILE
vtiu;o; MAY NOT PROCEED EXHIBIT 2
�LERK OF COUNCIL CITY OF SANTA ANA
DATE: a-,29—/9 CONSTRUCTION CONTRACT
' PWO(0) PROJECT 18-7530
Ckw(� THORNTON PARK PARKING LOT IMPROVEMENTS (REBID) PROJECT
This CONSTRUCTION CONTRACT is made and entered into this 181h day of June, 2019 by and
between the City of Santa Ana, California, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Hardy &
Harper, Inc. (hereinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and
expense necessary to construct and complete in a good and workmanlike manner and to the
satisfaction of the City Engineer of the CITY, the Thomton Park Parking Lot Improvements (Rebid)
Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in
accordance with the Contract Documents prepared by the City's Public Works Agency and approved
by the City Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the
Standard Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK
OF IMPROVEMENT the sum total amount not to exceed Two Hundred Thirty-two Thousand Six
Hundred Dollars and No Cents ($232,600.00), as set forth and identified in the BID PROPOSAL,
which is attached hereto and incorporated herein as Exhibit "A."
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only, and the City does not expressly or by implication agree that the actual amount of
work will correspond therewith, but reserves the right to increase or decrease the amount of any
class or portion of the work or to omit portions of the work as may be deemed necessary or
advisable.
rev. 09/012017 23A-5 Page I of 3
EXHIBIT 2
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to
Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the
WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage
established for such work as set forth in the wage determinations for this work in accordance with
applicable State and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's
website at:
http://www.santa-ana.org/pwa/documents/CWA.pd
CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent
(100%) of the Contract price to guarantee payment of all claims for labor and materials famished
(Payment Bond). This Contract shall not become effective until such bonds are supplied to and
approved by the CITY.
CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred
Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand
Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five
Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One
Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and
Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the
CITY.
//
23A-6 Page 2 of 3
iNa:110-11 a
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
L
wag am rmown, Im"
APPROVED AS TO FORM:
SONIA R. CARVALI-10
City Attorney
By: D/W 74" -f�4,
J -IN FUNK
Assistant City Attorney
FOR APPROVAL:
FUAD S EISS, PE, PLS
Executive Virector
Public Wokks Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
Hardy & Harper, Inc.
NAME: Kristen Paulino
TITLE: Corporate secretary
23A-7
Page 3 of 3
City of Santa Ana
Thornton Park Parking Lot Improvements (REBID) (16.7530), bidding on May 21, 2019 2:00 PM (Pacific)
Bid Results
Bidder Details
Vendor Name
Hardy & Harper, Inc.
Address
1312 E. Warner Avenue
Santa Ana, CA 92705
United States
Respondve
Ashlie Blanchard
Respondve Title
Bid Coordinator
Phone
714-444.1851 Ext.
Email
ablanchard@hardyandharper.wm
Vendor Typo
CADIR,Local
License #
216952
CA DIR
Bid Detail
Bid Format
Electronic
Submitted
May 21, 2019 12:26:24 PM (Pacific)
Delivery Method
Bid Responsive
Bid Status
Submitted
Conflrmatlon #
179088
Ranking
0
Respondee Comment
Buyer Comment
Attachments
File Title
General Attachments
Ownership Affidavit
Bid Bond
Non -Collusion Affidavit
Line Items
Type Item Code
Section 1
1 Unclassified Excavation
2 Asphalt Concrete (AC)
File Name
Bid Documents to be uploaded.pdf
Santa Ana Thorton Park Re-Bld Ownership Affidavit To
Upload.pdf
Santa Ana Thorton Park Re -Bid Bid Bond To Upload.pdf
Santa Ana Thorton Park Re -Bid Non Collusion Affidavit To
Upload.pdf
U0M City
CY 800
TN 1100
PlanetBids, Inc.
23A-8
Unit Price
$67.00
$95.00
EXHIBITPge,
Printed 05/21/2019
File Type
General Forms
Ownership Affidavit (Notary
Public) - REQ Original
Hard Copy Submittal in
Addition
Bid Bond Guaranty (Notary
Public) - REQ Original
Hard Copy Submittal in
Addition
Non -Collusion. Affidavit
(Notary Public) - REQ
Original Hard Copy
Submittal in Addition
Line7otal Comment
$45,600.00
$104500.00
City of Santa Ana EXHIBIT 1&12
Thornton Park Parking Lot Improvements (REBID) (18-7530), bidding on May 21, 2019 2:00 PM (Pacific)
Pflmed 05/21/2019
Bid Results
EXHIBIT A
Type
Item Code UOM
Qty Unit Price
Line Total Comment
3
Asphalt Rubber Hot Mix (ARHM)
TN
600 $108.00
$53,000,00
4
PCC Curb Ramp"
SF
200 $25.00
$0,000,00
5
PCC Cross -Gutter*
SF
300 $25.00
$7,600.00
6
PCC Curb & Gutter (A-2-6)*
LF
100 $40.00
$4,000.00
7
Slgnage & Stripping
LS
1 $3,000,00
$3,000.00
8
Labor Agreement Oversight
LS
1 $10,000.00
$101000.00
Subtotal
$232,000.00
Asterisk Notes (per P-2 of P-16)
9
"The quantity for this bid Item Is shown for bid comparison only.
This bid Item shall not be sulboot to the "25W limit as stated In Section 3.2 of
the Standard Specifications. The actual amount for this item will
be dictated by the actual quantity used, and the Agency reserves the right to
Increase or decrease the quantity of this item accordingly,
as
i 0
0
Subtotal
0
Total
$232,600.00
PlanetBids, Inc.
23A-9
EXHIBIT 2
CITY OF SANTA ANA
PROPOSAL EXHIBIT A
PROJECT NO.: 18-7530
THORNTON PARK PARKING LOT IMPROVEMENTS (REBID)
TOTAL BASE BID $ _L3 r lrl
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
* The quantity for this bid item is shown for bid comparison only, This bid item shall not be
subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount
shown above, within fifteen (15) working days after the commencement date stated in the Notice
to Proceed.
damages amount, in lieu of the amount specified in Subsection 6-9 of the
nations, shall be $1,000 per calendar day.
t'� 1 Hardy &.Harper, Inc.
1
@vo Kirschner -Vice President
r
(If an individual, so state, If a firm or co -partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager; thereof.)
Hardy& Harper, Inc,
S Corporation
Fred T. Maas, Jr. — President / Treasurer
Steve Kirschner - Vice President
Kristen S. Paulino -Corporate Secretary
Dan T. Maas . CEO
P-2 of P-16
23A-10
EXHIBIT 3
COST ANALYSIS
PROJECT NO. 18-7530: THORTON PARK PARKING LOT IMPROVEMENTS
EXPENDITURE CATEGORY
ORIGINAL
AMOUNT
CHANGE
NEW TOTAL
Design Engineering
$23,725
$23,725
Construction Contract
$232,600
$62,499.00
$295,099
Construction Administration
$19,568
$18,392
$1,176
Inspection and Testing
$20,847
$20,847
$0
Contingencies
$23 260
$23,260
$0
TOTAL
$320,000
$0
$320,000
23A-11