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12-11-2018 CC Rpt 23 COUNCIL AGENDA STAFF REPORT Chino !hi', TO: HONORABLE MAYOR AND CITY COUNCIL DATE: DECEMBER 11, 2018 MEMBERS FROM: CITY MANAGER ITEM NO:23 SUBJECT:CONTRACT WITH COPP CONTRACTING, INC. FOR THE FAIRWAY BOULEVARD PAVEMENT REHABILITATION PROJECT FROM YORBA AVENUE TO POMONA-RINCON ROAD RECOMMENDATION: 1. Award a contract to Copp Contracting, Inc. in the amount of $122,325.07 for the Fairway Boulevard Pavement Rehabilitation Project from Yorba Avenue to Pomona- Rincon Road. 2. Authorize staff to issue a Notice of Award. 3. Authorize staff to accept the performance and payment bonds, proof of insurance, and issue a Notice to Proceed upon receipt and acceptance. 4. Authorize the City Manager, at his discretion, to approve cumulative change orders up to 10% ($12,232.51) of the awarded contract amount. 5. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2018-19 DECREASING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND BUDGET BY $50,000 FOR THE FAIRWAY BOULEVARD REHABILITATION PROJECT BACKGROUND/ANALYSIS: On September 11, 2018, the City Council approved the plans and specifications for the Fairway Boulevard Pavement Rehabilitation Project from Yorba Avenue to Pomona-Rincon Road and adopted Resolution No. 2018R-065 approving the design and authorizing staff to solicit bids for construction. On November 15, 2018, six (6) bids were received and are summarized as follows: CONTRACTORS BID 11. Copp Contracting, Inc. $ 122,325.07 12. Hardy & Harper, Inc. $ 127,997.00 13. ONYX Paving Company Inc. $ 140,000.00 f4. R.J. Noble Company $ 151,011.50 15. E.C. Construction Co. $ 154,430.42 16. Horizons Construction Co. Intl, Inc.$ 207,885.00 The bid received from Hardy & Harper, Inc. did not include acknowledgement of Addendum No. 1, and has been determined to be non-responsive. As shown above, Copp Contracting, Inc. of Buena Park submitted the lowest base bid and is the apparent low bidder. 201/296 Staff received favorable reports from references regarding the work performed by Copp Contracting, Inc. and recommends that the City Council award them a contract in the amount of $122,325.07. ENVIRONMENTAL (CEQA) REVIEW: At the September 11, 2018, City Council meeting, the project was determined to be exempt as a Class 1(c) Categorical Exemption (existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities), pursuant to Section 15301 of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq. City staff has also determined that the project is exempt as a Class 2 Categorical Exemption, (existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities), pursuant to Section 15302 of Guidelines for the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq. FISCAL IMPACT: The total estimated cost for this project is as follows: Item lAmount Design (expended) 1$ 8,500.00 Construction Contract Amount 1$ 122,325.07 Contingencies (10%) 1$ 12,232.51 Construction Management, Inspection and Testing (12%) 1$ 16,146.91 Total 1$ 159,204.49 Funding for this project will come from the following sources: Project Funding Source Amount No. S19012 Community Development Block Grant $ 250,000.00 Funds (CDBG) 1Decrease appropriation requested ($50,000.00) 1Revised Approved Funding $ 200,000.00 Since there is more than enough funding for this project, the proposed budget amendment will decrease the budget in the Fairway Boulevard Pavement Rehabilitation Project (S19012) by $50,000 to make funding available for other projects. The projected ending fund balance in the Community Development Block Grant Fund will increase by $50,000. There is no impact on the General Fund with this item. Any unused funds at the project completion will be returned to the fund balance. REVIEWED BY OTHERS: This agenda item has been reviewed by the Finance Director and the City Attorney. Respectfully Submitted, Recommended By:RA,4 'Konradt Bartlam Nadeem Nlajaj ' f City Manager P.E , Director of Public Works 202/296 Attachments Agreement Resolution Exhibit No. 1 to Resolution 203/296 CITY OF CHINO HILLS AGREEMENT For Fairway Boulevard Pavement Rehabilitation Proiect (S190121 This Agreement is made and entered into this 11th day of December 2018, by and between the CITY OF CHINO HILLS, a general law city and municipal corporation ("CITY") and COPP CONTRACTING, INC., ("CONTRACTOR"). City and Contractor do hereby agree as follows: I. The complete contract includes all of the Contract Documents, to wit: 7 Notice Inviting Bids, Dated October 23, 2018 X Instructions to Bidders 7 Addenda X Contractor's Bid (Bid Documents), Dated November 15, 2018 7 Bid Bond X Payment Bond 7 Contract Performance Bond X Certificates of Insurance and Endorsements 7 Agreement Certified Copy of the record of action of the City Council of City of Chino Hills, Chino Hills, California X Notice of Award 7 Notice to Proceed X The Plans (Contract Drawings) 7 Document entitled, "Notice to Bidders, Proposal, Contract, and Special Provisions", including appendices. 7 Standard Specifications for Public Works Construction. X Standard Plans Reference documents X Change Orders or Work Change Directives 7 Public Improvement Warranty Each of such documents in their entirety are incorporated herein by this reference as if set forth in full. II. The Contractor agrees to perform certain work set forth and particularly described in the aforementioned documents, incorporated herein by reference in consideration of: TOTAL BASE BID: $ 122,325.07 III. Contractor shall furnish a labor and material bond in an amount equal to one hundred percent (100%) of the contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price, said bonds to be secured from a Construction Agreement Page 1 of 6 FAIRWAY BLVD. PAVEMENT REHABILITATION PROJECT 204/296 surety company admitted and authorized to do business in California as such and satisfactory to the City Council. Upon filing of the Notice of Completion, Contractor shall be required to maintain a labor and material bond for a period of seven (7) months and shall furnish a warranty bond in the amount of 15% of the contract amount for a period of twelve (12) months. IV. The Contractor agrees to indemnify, protect, defend and hold harmless the City, and their authorized agents, officers, volunteers, the engineer and employees against any and all claims arising from Contractor's acts or omissions and for any costs or expenses incurred by the City, or their authorized agents, officers, volunteers and employees, on account of any claim therefore. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Contractor shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: - Workers' Compensation - A program of Workers' Compensation Insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with One Million Dollars ($1,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement. - General Liability - Such general liability insurance shall be written with a limit of liability of not less than One Million Dollars ($1,000,000.00) combined single limits for damages arising out of bodily iniurv, including sickness and death, injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. - Vehicle Liability - Such vehicle liability insurance shall be written with a limit of liability of not less than One Million Dollars ($1,000,000.00) combined single limits for all bodily injury, including sickness and death or injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. If the City determines to require the Contractor to procure such insurance, such insurance shall cover as insureds under all policies excepting workers compensation the City, its officers, employees, and agents, City's Representative, the Engineer and his/her consultants, and each of their officers, employees, and agents. The policy or policies for such insurance may provide for a deductible amount not to exceed five percent (5%) of the Contract Price. As provided in Section 7105 of the California Public Contract Code, the Contractor is responsible for the cost of repairing or restoring work up to five (5%) percent of the contract amount. All insurance required herein shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise approved and accepted by the City Manager or Construction Agreement Page 2 of 6 FAIRWAY BLVD. PAVEMENT REHABILITATION PROJECT 205/296 his/her designee in writing, and which insurers are admitted and authorized to do business in California as insurance carriers. Contractor shall, within ten (10) calendar days after receipt of the notice of award from the City, furnish certificates of insurance and endorsements to the City evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City, and shall maintain such insurance from the time Contractor commences performances of services hereunder until the completion of such services All policies, with respect to the insurance coverage above required, except for the Workers' Compensation Insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements covering the City and its employees, agents, volunteers and officers as insureds with respect to liabilities arising out of the performance of services hereunder. The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the City, its officers, volunteers, employees, contractors, agents and subcontractors. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the City. V. The City agrees to pay, and the Contractor agrees to accept in full payment for the work outlined in the Contract Documents, the total sum of one hundred twenty-two thousand,. three-hundred twenty-five dollars and 7 cents ($122,325.07) subject to additions and deductions, if any, in accordance with said documents. Payment shall not be made more often than once each thirty (30) days, nor shall amount paid be in excess of ninety percent (95%) of the contract at time of completion. Final payment to be made forty-five (45) days acceptance of the project as complete by the City Council. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance. VI. The Contractor shall commence the work required by this Contract within ten (10) days of the date specified in the Notice to Proceed from the City to proceed with the work and shall complete base bid items within 25 (twenty-five) working days_ City and Contractor have discussed the provisions of Government Code, Section 53069.85 and the damages that may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of working days allowed. Accordingly, City and Contractor agree that the sum of one thousand dollars ($ 1,000.00) per calendar day is a reasonable sum to assess as damages to City by reason of the failure of Contractor to complete the Work within the time specified. Construction Agreement Page 3 of 6 FAIRWAY BLVD. PAVEMENT REHABILITATION PROJECT 206/296 VII. The Contractor hereby agrees to comply with the State Labor Code and acknowledges that, in accordance with Section 3700 of the State Labor Code, he/she will be required to secure the payment of compensation to his/her employees. VIII. The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations. IX. The Contractor hereby agrees to reimburse the City for costs incurred by the awarding authority in the substitution of subcontractors. Where a hearing held pursuant to the provisions of Chapter 2, Division 5, Title 1, of the Government Code (commencing with Section 4100) by the awarding authority or a duly appointed hearing officer, the Clerk of the City of Chino Hills shall prepare and certify a statement of all costs incurred by the City for investigation and conduct of the hearing, including the costs of any hearing officer and shorthand reporter appointed. The statement shall then be sent to the general contractor, who shall reimburse the City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owning to the general contractor prior to acceptance of the project. X. Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this contract, or any period thereof, shall be cause for the immediate and summary termination of this contract by City. Contractor shall be liable for all City's costs to complete the work and this contract. XI. The person or persons executing this Agreement on behalf of contractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, or business entity and warrant and represents that he/she/they has/have the authority to bind contractor to the performance of its obligations hereunder. XII. NOTICES. Notices shall be given pursuant to this Agreement by personal services on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Services addressed as Follows: Construction Agreement Page 4 of 6 FAIRWAY BLVD. PAVEMENT REHABILITATION PROJECT 207/296 City. City of Chino Hills Attention: City Clerk 14000 City Center Drive Chino Hills, California 91709 Email: cityclerk@chinohills.org Contractor: Copp Contracting, Inc. Attention: Ezekiel A. Copp 6751 Stanton Avenue Buena Park, CA 90621 Zeke(c�coppcontractinci.com The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. XIII. This Agreement contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void. Construction Agreement Page 5 of 6 FAIRWAY BLVD. PAVEMENT REHABILITATION PROJECT 208/296 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF CHINO HILLS COPP CONTRACTING, INC. A. Cr.- Cynthia Moran (Sig ature) Mayor EZEKIEL A. COPP — PRESIDENT ATTEST: (Printed name/Title) NOV. 27, 2018 Cheryl Balz (Date) City Clerk 0 (Date) (Signature) u� APPROVED AS TO FORM: ERLINDA COPP — SECRETARY (Printed Name/Title) NOV. 27, 2018 Mark D. Hensley (Date) City Attorney Construction Agreement Page 6 of 6 FAIRWAY BLVD. PAVEMENT REHABILITATION PROJECT 209/296 RESOLUTION NO. 2018R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2018-19 DECREASING THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND BUDGET BY $50,000 FOR THE FAIRWAY BOULEVARD REHABILITATION PROJECT WHEREAS, the City Manager has presented to the City Council a proposed budget for Fiscal Year 2018-19; and WHEREAS, the City Council of the City of Chino Hills conducted a public meeting on June 12, 2018, to consider the Fiscal Year 2018-19 budget document, and adopted a budget for the fiscal year commencing July 1, 2018, and ending July 30, 2019; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Budget Adjustment No. 19B030 is hereby approved as reflected on Exhibit No. 1, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED,APPROVED, AND ADOPTED this 11th day of December, 2018. CYNTHIA MORAN, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 210/296 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) § CITY OF CHINO HILLS ) I, Cheryl Balz, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Resolution No. 2018R- was duly adopted at a regular meeting of the City Council of the City of Chino Hills held on the 11th day of December, 2018, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CHERYL BALZ, CITY CLERK The foregoing is the original of Resolution No. 2018R- duly passed and adopted by the Chino Hills City Council at their regular meeting held December 11, 2018. CHERYL BALZ, CITY CLERK 2 of 2 211/296 Exhibit No.1 CITY OF CHINO HILLS BUDGET AMENDMENT Chin.E3iik BA# 19B030 Date: 12/11/2018 Fiscal Year: 2018-19 Requested by: Nadeem Majaj, Public Works Director Amount: $50,000.00 Dept/Div: Public Works Description: To decrease the budget in Project No.S19012 EXPENDITURES Project ICurrent Proposed IAmended Account Number I Number I Account Description Budget Amendment Budget 017-7000-888-8110 S19012 CDBG-Capital Outlay-Sts,Curbs,etc. $ 250,000.00 $ (50,000.00) $ 200,000.00 REVENUES Project Current Proposed Amended Account Number Number Account Description Budget Amendment Budget REASON/JUSTIFICATION To decrease funding in the Fairway Boulevard Pavement Rehabilitation Project(S19012)to make it available for other projects. 212/296