HomeMy WebLinkAboutItem 5i - Award Meadow Park Pathways MaintenanceDepartment Name: Public Works
Cost Center: 5002
For Agenda of: May 18, 2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Hai Nguyen, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE MEADOW PARK PATHWAYS
MAINTENANCE, SPECIFICATION NO. 1000021
RECOMMENDATION
1. Authorize staff to advertise for bids and approve the project plans (Attachment A) and
special provisions (Attachment B) for Meadow Park Pathways Maintenance, Specification
Number 1000021; and
2. Authorize the City Manager to award the construction contract for the bid total if the lowest
responsible bid is within the Engineer’s Estimate of $360,000 and the funding amount is
consistent with the adopted 2021-23 budget appropriation for this project.
DISCUSSION
Background
Bicycle and pedestrian pathways in City parks and facilities require ongoing maintenance to
provide users a safe and quality experience. The asphalt pathways at Meadow Park are failing
with severe cracking, rutting, and potholes. Trees that are adjacent to the pathway, or more
specifically tree roots, are causing the damage. More than 50% of the pathways within Meadow
Park are in poor condition and must be repaired.
This project was originally bid in December 2018 and a contract for construction was awarded.
Due to constructability challenges created by the variable condition of the existing pathway
condition, tree root conflicts, and utility conflicts the contract was terminated at no cost to the
City (Attachment C). This project has now been redesigned to address the previous
constructability issues. This project is being proposed for bidding now, prior to final CIP Budget
Adoption to secure contracts and begin and complete construction during the summer which is
the ideal time for paving.
Project Scope
This project will repair approximately 4,300 linear feet of pathways (Attachment D) and replace
one removable bollard. The pathway repair consists of milling off and replacing 4 inches of hot
mix asphalt. Pavement areas damaged by tree roots will be reconstructed. Some existing tree
roots may need to be cut, but all work adjacent to trees will be at the direction of the City
Arborist.
Item 10
Packet Page 29Page 201 of 271
Previous Council or Advisory Body Action
This project was originally identified in the 2017-19 Financial Plan that was approved by
Council. This project was then deferred with the FY 20-21 Budget Supplement.
Policy Context
Per the October 2018 Purchasing Policy Update to the July 2015 Financial Management Manual,
Council approval is required for Public Projects that cost over $175,000.
Public Engagement
Public engagement was done during the initial identification of this project to be included in the
2017-19 Financial Plan.
CONCURRENCE
There is concurrence from Parks and Recreation and Public Works departments with the
proposed recommendations outlined in this document.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15301 Class 1 (existing
facilities) of the California Environmental Quality Act (CEQA) Guidelines because the project
proposes to maintain existing pathways. The project is consistent with the applicable general
plan policies as well as with applicable City Regulations.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Staff is recommending this project be approved for advertising in advance of the Budget
Adoption for 2021-22 to allow for project implementation during the summer which is the ideal
time for paving. If the budget is approved as proposed, the funding will be made available July 1,
2021 to complete this project. If a lower funding level is approved by Council in the 2021-23
Financial Plan, staff may need to adjust the project scope to the approved budget, which will
delay the project.
Funding Sources FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $345,900 $345,900
State
Federal
Fees
Sewer Fund $73,600 $73,600
Total $419,500 $419,500
Item 10
Packet Page 30Page 202 of 271
General Fund Sewer Fund
Construction Estimate $296,000 $64,000 $360,000
Contingencies (15%)$44,400 $9,600 $54,000
Total for Construction $340,400 $73,600 $414,000
Materials Testing $5,000 $0 $5,000
Printing $500 $0 $500
Total Project Cost $345,900 $73,600 $419,500
Current Project Balance:$650 $41,550
Additional Funding FY21-23 $350,000 $85,000
Downtown Paving 2021 $0 (39,675)
Remaining Balance:$4,750 $13,275
Meadow Park Pathways Maitenance, Specification No. 1000021
Meadow Park Pathways
Maintenance (1000021)
Sewer Manhole Cover
Adjustments (1000084)
Project Total
Costs
There is a balance of $650 in the project account (1000021). Additional funding of $250,000
from the Local Revenue Measure Fund and $100,000 from Capital Outlay Fund is proposed in
the 2021-2023 Financial Plan Capital Improvement Plan and 2021-22 budget to provide adequate
funding for this project.
Another source of funding includes the Sewer Manhole Cover Adjustments Account (1000084)
to support adjustment of sewer facilities to new pavement elevation. There is currently a balance
of $41,550 in the account. Additional funding of $85,000 is proposed in the 2021-2023 Financial
Plan Capital Improvement Plan to provide adequate funding for this project and the 2021
Downtown Pavement Improvements Project.
ALTERNATIVES
Deny Authorization to advertise. The City Council may choose not to authorize project
advertisement prior to consideration of the 2021-23 budget review and approval. Staff does not
recommend this option, as the pathways are in need of repairs. Staff has recommended this
unique timing to try and get the project completed over the summer which is the ideal time for
paving.
Attachments:
a - COUNCIL READING FILE - 1000021 Plans
b - COUNCIL READING FILE - 1000021 Specifications
c - City Manager Report to Terminate Project
d - Project Vicinity Map
Item 10
Packet Page 31Page 203 of 271
CityofSanLuisObispo, CityManager Report
Final City Manager Approval Approver Name Date Approved
ACM Community Services Shelly 7/29/18
Reviewer Routing List Reviewer Name Date Reviewed
City Engineer MH 7/18/19
City Attorney CB 7/24/19
Finance BE 7/24/19
July 16, 2019
FROM: Daryl Grigsby, Director of Public Works
MH for
DG 7/18/19
PREPARED BY: Hai Nguyen, Engineer III
SUBJECT: Meadow Park Pathways Maintenance, Specifications No. 1000021 –
Contract Termination
RECOMMENDATION
Terminate contract with Souza Engineering Contracting in the amount of $118,090 for Meadow
Park Pathways Maintenance Project.
DISCUSSION
Background
On December 10, 2018 the City Manager authorized inviting bids for the Meadow Pathways
Maintenance Project, Specification Number 1000021. Bids were opened on January 10, 2019 and
Souza Engineering Contracting, Inc. (Souza) was the lowest responsible bidder with a proposal of
118,090 for the total project. The project was approved for award on February 4, 2019 (Attachment
1).
The project preconstruction meeting was held on February 28, 2019. During the meeting, Souza’s
project manager asserted that existing site conditions posed constructability challenges and that design
changes should be implemented by Contract Change Order. Staff investigated and determined that
changes proposed by Souza, if implemented, would have resulted in undue risk to the City due to a
change in character of the contract work for which the resulting cost was unpredictable, but likely to
exceed the approved project budget. Souza’s proposal would also have impacted the drainage
characteristics of the pathway which would negatively affect pathway longevity.
Despite the above findings, Staff’s investigation revealed that the existing conditions would require a
more robust pavement section to ensure cohesiveness of the pavement structure and support of the
heavy construction equipment completing the milling and paving operations. Staff prepared a Cost
Request to Souza with these contract modifications. Souza returned a proposal that would have
approximately doubled the total project costs.
Item 10
Packet Page 32Page 204 of 271
Meadow Park Pathways Maintenance (1000021) – Contract Termination Page 2
As a result of the potential cost overruns, Staff have agreed with Souza to terminate the project at zero
cost to the City.
Project Development
Staff will complete further investigation of project conditions to determine the most appropriate
changes to the current design, which may include additional pavement areas allowing for better
turning movements for maintenance vehicles and a thicker pavement section to further extend the
life of the pathways.
FISCAL IMPACT
The project will be re-designed for construction within the available account balance of $137,090,
with work to take place in Summer 2020. It should be noted that high demand for contract labor
has recently resulted in substantial increases in project costs. In the event costs exceed the available
budget, Staff will seek additional funding sources to complete the work.
ALTERNATIVES
Deny termination of the contract. City Manager may choose not to terminate the contract. This
alternative is not recommended because existing funds are not sufficient to support construction
costs.
ATTACHMENTS
1. 1000021 CMR Award Report
https://slocitycloud.sharepoint.com/sites/SLOHub/Administration/citymanagersreports/Shared Documents/Public Works/2019/CIP
Engineering/1000021 Meadow Park Pathways - Contract Termination/1000021 CMR Termination.docx
Item 10
Packet Page 33Page 205 of 271
PROJECT LOCATION
MEADOW PARK PATHWAYS
MAINTENANCE
1 OF 1
Item 10
Packet Page 34Page 206 of 271
MEADOW PARK PATHWAYS MAINTENANCE, SPECIFICATION NO. 10000213/12/2021 UNIT TOTAL UNIT TOTAL UNIT TOTALNo. ITEM UNIT QUAN PRICE PRICE PRICE PRICE PRICE PRICE1 HOT MIX ASPHALT (1/2" MIX) TON 1,100 $145.00 $159,500.00 $163.00 $179,300.00 $253.00 $278,300.002 COLD PLANE (4 INCHES) SQFT 38,500 $1.50 $57,750.00 $2.06 $79,310.00 $1.83 $70,455.003 6" BASE REPAIR SQFT 4,000 $2.00 $8,000.00 $4.00 $16,000.00 $3.62 $14,480.004 PAVEMENT RECONSTRUCTION SQFT 700 $10.00 $7,000.00 $9.20 $6,440.00 $5.16 $3,612.005 RESET EXISTING PAVERS SQFT 150 $40.00 $6,000.00 $9.50 $1,425.00 $26.30 $3,945.006 ROOT BARRIER LF 1,200 $40.00 $48,000.00 $15.80 $18,960.00 $30.00 $36,000.007*REMOVABLE BOLLARD EA 1 $2,500.00 $2,500.00 $3,050.00 $3,050.00 $2,250.00 $2,250.008 2X6 HEADER BOARD FOR PAVERS LF 24 $30.00 $720.00 $25.00 $600.00 $28.00 $672.009 TREE TRIMMING LS 1 $6,530.00 $6,530.00 $2,632.00 $2,632.00 $47,860.00$47,860.0010 INSTALL POLYMER FRAME AND COVER AND ADJUST TO GRADE EA 8 $3,000.00 $24,000.00 $1,948.00 $15,584.00 $2,365.00 $18,920.0011 REHABILITATE (E) SEWER MANHOLE EA 8 $5,000.00 $40,000.00 $6,500.00$52,000.00 $4,665.00 $37,320.00$360,000.00 $375,301.00 $513,814.00Papich ConstructionTOTAL PROJECT BIDBASE BIDEngineer's Estimate Souza ConstructionPage 207 of 271
Page 208 of 271
AGREEMENT
THIS AGREEMENT, made on _____________________, by and between the City of San
Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California
(hereinafter called the Owner) and SOUZA ENGINEERING CONTRACTING, INC.
(hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
MEADOW PARK PATHWAYS MAINTENANCE, SPEC NO. 1000021
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item
No.
SS(1)
Item Description Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1
39 HOT MIX ASPHALT (1/2"
MIX)
TON
1,100
$163.00
$179,300.00
2 15,42 COLD PLANE (4 INCHES) SQFT 38,500 $2.06 $79,310.00
3 39,
26
6" BASE REPAIR
SQFT
4,000
$4.00
$16,000.00
4 39,
26
PAVEMENT
RECONSTRUCTION
SQFT
700
$9.20
$6,440.00
5 73 RESET EXISTING PAVERS SQFT 150 $9.50 $1,425.00
6 20 ROOT BARRIER LF 1,200 $15.80 $18,960.00
7* 81 REMOVABLE BOLLARD EA 1 $3,050.00 $3,050.00
DocuSign Envelope ID: E0A5F076-86AD-41E3-BE34-5A5155511E9A
Page 209 of 271
Item
No.
SS(1)
Item Description
Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
8 73 2X6 HEADER BOARD FOR
PAVERS
LF 24 $25.00 $600.00
9 20 TREE TRIMMING LS 1 $2,632.00 $2,632.00
10
77
INSTALL POLYMER FRAME
AND COVER AND ADJUST TO
GRADE
EA
8
$1,948.00
$15,584.00
11
77
REHABILITATE (E) SEWER
MANHOLE
EA
8
$6,500.00
$52,000.00
BID TOTAL: $ 375,301.00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
DocuSign Envelope ID: E0A5F076-86AD-41E3-BE34-5A5155511E9A
Page 210 of 271
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
DocuSign Envelope ID: E0A5F076-86AD-41E3-BE34-5A5155511E9A
Page 211 of 271
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
ATTEST: CITY OF SAN LUIS OBISPO
A Municipal Corporation
_______________________________________ _______________________________________
Teresa Purrington, City Clerk Heidi Harmon, Mayor
APPROVED AS TO FORM CONTRACTOR:
Souza Engineering Contracting, Inc dba
Souza Construction
________________________________ _______________________________________
J.Christine Dietrick
City Attorney
Steve A. Souza
President
_______________________________________
Stuart A. Souza
Secretary
DocuSign Envelope ID: E0A5F076-86AD-41E3-BE34-5A5155511E9A
Page 212 of 271