MEETING DATE: June 28. 2017 PREPARED BY: Kipp Hefner, Associate Civil Engineer INTERIM CITY ENGINEER: Frank Belock DEPARTMENT: Development Services CITY MANAGER: Karen P. Brust SUBJECT: NOTICE OF COMPLETION FOR THE LONE JACK RD. EMERGENCY REPAIRS (CX17B) RECOMMENDED ACTION: 1. Accept the public improvements; and 2. Authorize the filing of a Notice of Completion (Attachment 1). STRATEGIC PLAN: The project relates to the Transportation goal of continue planning, management, and maintenance of local transportation infrastructure. FISCAL CONSIDERATIONS: On March 29, 2017, the City Council authorized an appropriation of $447,300 for this project. The total cost of this project is $296,955.89 and is detailed below. The remaining balance of $150,344 will be returned to the General Fund. Construction (TC Construction Company): $283,230.89 Inspection (Geopacifica): $ 13,725.00 TOTAL $296,955.89 BACKGROUND: On the morning of March 1, 2017, engineering staff was made aware of a road failure on Lone Jack Road in the community of Olivenhain. Several weeks of heavy rain had caused the groundwater level to rise up to the surface to the point that pressure forced the groundwater to exit the pavement on Lone Jack Road and Fortuna Ranch Road. Continuous flow of groundwater had been coming out of the pavement, out of water valve covers, and along the edges of manholes on those streets. This significant amount of surface flow along with the over-saturated subgrade, led to a significant road failure on Lone Jack Road. On March 1, 2017, a construction dump truck traveling southbound on Lone Jack Rd. between Bella Collina and Fortuna Ranch Rd. came to an abrupt stop, broke through the asphalt surface and sank 10 inches into the oversaturated subgrade. This incident highlighted the public safety hazard that existed on Lone Jack Road due to the impact of high ground water flows. 2017-06-28 Item 8H 1 of 86
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DEPARTMENT: Development Services CITY MANAGER: Karen P. Brust
SUBJECT: NOTICE OF COMPLETION FOR THE LONE JACK RD. EMERGENCY REPAIRS (CX17B) RECOMMENDED ACTION:
1. Accept the public improvements; and 2. Authorize the filing of a Notice of Completion (Attachment 1).
STRATEGIC PLAN: The project relates to the Transportation goal of continue planning, management, and maintenance of local transportation infrastructure. FISCAL CONSIDERATIONS: On March 29, 2017, the City Council authorized an appropriation of $447,300 for this project. The total cost of this project is $296,955.89 and is detailed below. The remaining balance of $150,344 will be returned to the General Fund. Construction (TC Construction Company): $283,230.89 Inspection (Geopacifica): $ 13,725.00 TOTAL $296,955.89 BACKGROUND: On the morning of March 1, 2017, engineering staff was made aware of a road failure on Lone Jack Road in the community of Olivenhain. Several weeks of heavy rain had caused the groundwater level to rise up to the surface to the point that pressure forced the groundwater to exit the pavement on Lone Jack Road and Fortuna Ranch Road. Continuous flow of groundwater had been coming out of the pavement, out of water valve covers, and along the edges of manholes on those streets. This significant amount of surface flow along with the over-saturated subgrade, led to a significant road failure on Lone Jack Road. On March 1, 2017, a construction dump truck traveling southbound on Lone Jack Rd. between Bella Collina and Fortuna Ranch Rd. came to an abrupt stop, broke through the asphalt surface and sank 10 inches into the oversaturated subgrade. This incident highlighted the public safety hazard that existed on Lone Jack Road due to the impact of high ground water flows.
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This situation met the definition of an Emergency per the State Public Contract Code section 1102, which states the following: “Emergency, as used in this code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” The situation called for immediate action for the protection of the travelling public on Lone Jack Road. On March 1, 2017, an emergency was declared pursuant to Encinitas Municipal Code Section 7.18.060. (Attachment 2) The scope of work necessary to address the situation included, but was not limited to, excavating and hauling away the existing damaged asphalt pavement and oversaturated subgrade, installing a perforated subdrain to drain the groundwater to an adjacent drainage channel or storm drain, and installing new base and asphalt pavement. TC Construction Company, Inc. was brought in to perform the necessary emergency repairs. Section 7.18.060 of the Municipal Code covers emergency work and states that in the event of an emergency, as determined by the City Manager, which requires immediate action to ensure public health, safety, welfare and continuity of operations, the City Manager may cause the purchase of necessary supplies, equipment and services without competitive bidding for the purpose of responding to the emergency with unencumbered money, irrespective of whether said money has been appropriated for such purpose. A full report of the circumstances of the emergency purchase was presented to the City Council at the March 8, 2017 City Council meeting. ANALYSIS: The Public Improvements have been installed to the satisfaction of the Engineering Division of the Development Services Department. ENVIRONMENTAL CONSIDERATIONS: The project was Categorically Exempt under CEQA Section 15269 (b): “Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare.” This item is not related to the Climate Action Plan. ATTACHMENTS: 1. Notice of Completion dated June 28, 2017 2. Emergency Declaration dated March 3, 2017 3. Contract with TC Construction Company, Inc.
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RECORDING REQUESTED BY AND WHEN RECORDED RETURNED TO:
Kathy Hollywood, City Clerk CITY OF ENCINITAS 505 South Vulcan Avenue Encinitas, California 92024
Exempt from Recording Fees pursuant to GC 27383
Attachment 1
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
The City of Encinitas, a municipal corporation, is the owner of that certain public improvement known as the Lone Jack Rd. Emergency Repair(CX17B).
The City of Encinitas is the owner. The address is 505 South Vulcan Avenue, Encinitas, California 92024.
The general location of said public improvement is at various locations throughout the City.
On March 1, 2017, a contract to construct said public improvement was awarded to TC Construction Company, Inc.
Work under said contract was completed on or about April 28, 2017, to the satisfaction of the City of Encinitas and was accepted by the City.
City of Encinitas, owner in fee
Dated: June 28, 2017
Kipp Hefner, P.E. Associate Civil Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, state that I have read the foregoing Notice of Completion and know the contents thereof. I am the City Clerk of the City of Encinitas and am authorized to make this verification for and on its behalf. I declare under penalty of perjury that the foregoing is true and correct.
Executed at Encinitas, California this June 28, 2017.
Owner - City of Encinitas
Kathy Hollywood City Clerk
2017-06-28 Item 8H 3 of 86
I, Kathy Hollywood, City Clerk of the City of Encinitas, a political subdivision of the County of San Diego, State of California, which is the owner in fee of the public work described within the Notice of Completion executed by said City of Encinitas, do hereby certify that I have read the same and know the contents thereof and the facts therein stated are true to the best of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I make this verification for an on behalf of the City of Encinitas.
Date:
Kathy Hollywood, City Clerk
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2017-03-08 Item 11D (Updated with Signature) 1 of 22017-06-28 Item 8H 5 of 86
khefner
Stamp
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CONTRACT FOR THECONSTRUCTION OF A PUBLIC WORKS
EMERGENCY PROJECT CX17B
THIS CONTRACT is made and entered into by and between the CITY ofEncinitas, a municipal corporation, hereinafter referred to as "CITY", and TCConstruction Company, Inc., hereinafter referred to as "CONTRACTOR".
RECITALS
WHEREAS, the subject site is located at Lone Jack Rd., south of Fortuna Ranch Rd.;and,
WHEREAS, recent rains have caused the ground water to rise and the subgradeof the road to be compromised to the point where truck sunk into the roadbed; and,
WHEREAS, the repair of this road failure constitutes an "Emergency", as definedby Public Contract Code §1102 since this erosion is a "sudden, unexpected occurrencethat poses a clear and imminent danger" to the integrity of a critical road that providesthe only access to the Olivenhain area of Encinitas, "requiring immediate action toprevent or mitigate the loss of impairment of life, health, property, or essential publicservices"; and,
WHEREAS, City requires a general contractor to perform the repairs as anemergency project generally described as:
Emergency Repair of Lone Jack Road; Project CX17B, and,
WHEREAS, Contractor represents itself as possessing the necessary skills andqualifications to construct the emergency project required by the City and possessingthe required Contractors license;
NOW THEREFORE, in consideration of these recitals and the mutual covenantscontained herein, City and Contractor agree as follows:
1.0 CONTRACTOR'S OBLIGATIONS
1.1 CONTRACTOR shall construct the project in conformance with therequirements set forth in Attachment A, which is attached hereto and incorporatedherein as though fully set forth at length; and which will hereinafter be referred to as"PROJECT".
1.2 The CONTRACTOR shall perform all work required to construct thePROJECT in conformity with applicable requirements of all City, State, and federal laws.
1.3 The CONTRACTOR is hired to render professional services and anypayments made to CONTRACTOR are compensation fully for such services.
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khefner
Stamp
1.4 CONTRACTOR shall maintain throughout the full term of this CONTRACT
all professional certifications and licenses required in order to comply with all City,
State, and federal laws in the performance of this CONTRACT.
1.5 The CONTRACTOR shall pay to all laborers and mechanics employed on
the project not less than the State prevailing wage rate as determined by the Director of
Industrial Relations of the State of California. See, Labor Code Sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et
seq. ("Prevailing Wage Laws")
3.0 PAYMENT FOR SERVICES
Payment for CONTRACTOR's work to be rendered hereunder shall be in accordance
with the provisions that are standard for the industry, subject to the unit prices reflected
in CONTRACTOR'S emergency rates (Attached herein) or for other items shall be billed
and paid for on a Time and Materials basis as shown in Attachment B, not to exceed
$282,651.54.
3.5 SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM — NOT
APPLICABLE
4.0 TERM OF CONTRACT
4.1 This CONTRACT shall be immediately effective on and from the day, month
and year of its execution by CITY.
4.2 CONTRACTOR has commenced with the construction of the PROJECT.
4.3 CONTRACTOR shall fully complete the performance of this contact within 5
working days from the date of this contract.
5.0 TERMINATION OF CONTRACT
In the event of the CONTRACTOR'S failure to prosecute, deliver, or perform the work as
provided for in this CONTRACT, the CITY may terminate this CONTRACT by notifying the
CONTRACTOR by certified mail of said termination.
6.0 STATUS OF CONTRACTOR
The CONTRACTOR shall perform the services provided for herein in a manner of
CONTRACTOR's own choice, as an independent contractor and in pursuit of
CONTRACTOR's independent calling, and not as an employee of the CITY.
CONTRACTOR shall be under control of the CITY only as to the result to be
accomplished and the personnel assigned to the project. However, CONTRACTOR
shall confer with the CITY as required to perform this CONTRACT.
7.0 SUBCONTRACTING
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7.1 Not Applicable. CONTRACTOR shall not subcontract out any Work.
7.2 If the CONTRACTOR subcontracts any of the work to be performed underthis CONTRACT, CONTRACTOR shall be as fully responsible to the CITY or the actsand omissions of the CONTRACTOR'S subcontractor and of the persons either directlyor indirectly employed by the subcontractor, as CONTRACTOR is for the acts andomissions of persons directly employed by CONTRACTOR. Nothing contained in theCONTRACT shall create any contractual relationship between any subcontractor ofCONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor bythe terms of the CONTRACT applicable to CONTRACTOR's work unless specificallynoted to the contrary in the subcontract in question approved in writing by the CITY.
8.0 ASSIGNMENT OF CONTRACT
The CONTRACTOR has no authority or right to assign this CONTRACT or any partthereof or any monies due thereunder without first obtaining the prior written consent ofthe CITY.
9.0 EQUALS —Not Applicable
10.0 VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the CITY,either before, during or after the execution of this CONTRACT, shall effect or modifyany of the terms or obligations herein contained nor such verbal agreement orconversation entitle CONTRACTOR to any addition payment whatsoever under theterms of this CONTRACT. Direction from the City Inspector is the exception to thisstatement.
11.0 DISPUTES
11.1 Initial Dispute Resolution. If a dispute should arise regarding theperformance of this Agreement, the following initial dispute resolution procedures shallbe used prior to initiation of the statutory claims procedure set forth in Section 13.4 et.seq:
A. Within twenty (20) City working days after a dispute regarding theperformance of this Agreement arises, it shall be reduced to writing at staff levelby the complaining party setting forth the nature of the dispute in detail, alongwith all pertinent back up documentation in support. The writing shall bedelivered to the receiving party by first class mail or personal delivery directly tothe party's project manager, along with recommended methods of resolution.
B. The party receiving the letter shall reply to the letter with a detailedresponse, along with a recommended method of resolution, if any, within ten (10)City working days of receipt of the letter.
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11.2 If the dispute is not resolved at staff level in accordance with Section 13.1,within five (5) City working days of the receiving party response (or longer if agreedbetween the parties) ,the aggrieved party, through its respective project manager shalldeliver to the City Manager's office a letter outlining the dispute for the City Manager'sreview. The receiving party may submit further response, if required, to the Citymanager within five (5) city working days thereafter. The City Manager, at his/her solediscretion may respond as he/she deems appropriate, including recommendations forresolution, discussions or rejection of the dispute within fifteen (15) working days ofreceipt of the complaint.
11.3 If the dispute remains unresolved and the parties have exhausted theprocedures outlined in this section, the parties may then seek remedies available tothem under this Agreement and at law, including, but not limited to, under thetermination procedures. This provision does not relieve Contractor of its obligation andContractor is required to timely comply with all applicable provisions of the GovernmentClaims Act before initiating any legal proceeding against City.
11.4 Public Contract Code ~ 20104. Consistent with Public Contracf Code §20104 et. seq., a claim by the Contractor for a time extension; payment of money ordamages arising from work done by or on behalf of the Contractor pursuant to theContract which is not otherwise expressly provided for or the claimant is not otherwiseentitled to; or an amount the payment of which is disputed by the City, shall be dealtwith as follows:
A. The claim shall be in writing and include the documents necessary tosubstantiate the claim. Claims must be filed on or before the date of finalpayment. Nothing in this subdivision is intended to extend the time limit orsupersede notice requirements otherwise provided by the Contract for the filingof claims.
B. For claims of less than fifty thousand dollars ($50,000}:
1. For claims of less than fifty thousand dollars ($50,000), the Cityshall respond in writing to any written claim within 45 days of receipt of theclaim, or may request, in writing, within 30 days of receipt of the claim, anyadditional documentation supporting the claim or relating to defenses tothe claim the City may have against the claimant.
2. If additional information is thereafter required, it shall be requestedand provided pursuant to this subdivision, upon mutual agreement of theCity and the claimant.
3. The City's written response to the claim, as further documented,shall be submitted to the claimant within 15 days after receipt of the furtherdocumentation or within a period of time no greater than that taken by theclaimant in producing the additional information, whichever is greater.
C. For claims of fifty thousand dollars ($50,000) or more:
2017-06-28 Item 8H 10 of 86
1. For claims of over fifty thousand dollars ($50,000) and less than orequal to three hundred seventy-five thousand dollars ($375,000), the Cityshall respond in writing to all written claims within 60 days of receipt of theclaim, or may request, in writing, within 30 days of receipt of the claim, anyadditional documentation supporting the claim or relating to defenses tothe claim the City may have against the claimant.
2. If additional information is thereafter required, it shall be requestedand provided pursuant to this subdivision, upon mutual agreement of theCity and the claimant.
3. The City's written response to the claim, as further documented,shall be submitted to the claimant within 30 days after receipt of the furtherdocumentation, or within a period of time no greater than that taken by theclaimant in producing the additional information or requesteddocumentation, whichever is greater.
D. If the claimant disputes the City's written response, or the City fails torespond within the time prescribed, the claimant may so notify the City, inwriting, either within 15 days of receipt of the City's response or within 15days of the City's failure to respond within the time prescribed,respectively, and demand an informal conference to meet and confer forsettlement of the issues in dispute. Upon a demand, the City shallschedule a meet and confer conference within 30 days for settlement ofthe dispute.
E. Following the meet and confer conference, if the claim or any portionremains in dispute, the claimant shall file a government claim pursuant toChapter 1 (commencing with Section 900) and Chapter 2 (commencingwith Section 910) of Part 3 of Division 3.6 of Title 1 of the GovernmentCode. The Government Claim filing requirement is a required prerequisiteto bring a court action against City. For purposes of those provisions, therunning of the period of time within which a claim must be filed shall betolled from the time the claimant submits his or her written claim pursuantto this section until the time the claim is denied, as a result of the meetand confer process, including any period of time utilized by the meet andconfer process.
11.5 Contractor acknowledges that California Government Code Sections12650 et seq., the False Claims Act, provides for civil penalties where a personknowingly submits a false claim to a public entity. These provisions include false claimsmade with deliberate ignorance of the false information or in reckless disregard of thetruth or falsity of the information. This provision does not relieve Contractor of itsobligation and Contractor is required to timely comply with all applicable provisions ofthe Government Claims Act before initiating any legal proceeding against City.
2017-06-28 Item 8H 11 of 86
11.6 As required by Public Contracts Code § 9201, the City will provideContractor with timely notification of any third party claim related to the contract.
12.0 HOLD HARMLESS
12.1 To the fullest extent allowed by law, CONTRACTOR, (including, but notlimited to, its employees, subcontractors, officials, officers or representatives) agrees toindemnify, immediately defend and hold the City and City's officers, elected officials,employees, City contractors and agents harmless from, and against any and all liabilities,claims, suits, actions ,demands, administrative actions, fines, actions for injunctive relief,causes of action, losses, damages, attorney's fees and costs, including all costs ofdefense thereof, brought against them arising directly or indirectly from, any workperformed by Contractor or Contractor's agents, employees, subcontractors, officials,officers or representatives during the pe►fiormance of any services and work under thiscontract. This includes the active or passive negligence of City, as allowed by law. Upondemand, Contractor shall, at its own expense, immediately defend and indemnify Ciry andCity's officers, elected officials, employees, City contractors and agents, from and againstany and all such liabilities, claims, suits, actions, demands, administrative actions, fines,penalties, actions for injunctive relief, causes of action, losses, damages and costs broughtagainst them. The Contractor shall provide a defense to the City's indemnitees or at theCity's option reimburse the City for its costs of defense, including reasonable attorneys'fees, incurred in the defense of such claims; and the Contractor shall promptly pay anyfinal judgment or portion thereof rendered against the CITY.
12.2 CONTRACTOR'S obligation herein includes, but is not limited to, fines,penalties, attorney's fees, costs, ADA claims arising during the course of construction ofthe improvements, ADA claims arising as the result of defects in the construction of theimprovements, alleged defects in the construction of the improvements; alleged defectsin the materials furnished in the construction of the improvements; alleged injury topersons or property; alleged inverse condemnation of property as a consequence of theconstruction or maintenance of the work or the improvement; and any accident, loss ordamage to the work or the improvements prior to the acceptance of same by City.
12.3 By inspecting, approving or accepting the improvements, City shall nothave waived the protections afforded herein to City and City's officers, officials,employees and agents or diminished the obligation of CONTRACTOR who shall remainobligated in the same degree to indemnify and hold City and City's officers, officials,employees and agents, harmless as provided above.
12.4 CONTRACTOR's obligation herein does not extend to liabilities, claims,demands, causes of action, losses, damages or costs that arise out of the City'sintentional wrongful acts, violations of law, or the City's sole active negligence.
13.0 INSURANCE
The Contractor shall obtain and for the full term of this contract maintain in full force andeffect, comprehensive general liability and property damage insurance, or commercialgeneral liability insurance, automobile and Worker's Compensation Insurance from
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insurers having a Best Rating of A-: VII or better and licensed and authorized by theInsurance Commissioner of the State of California Department of Insurance to betransacting business in the State of California and approved by City. CONTRACTORshall also name City as an additional insured and provide adequate proof of insurance.
14.0 NOTICES
14.1 Any notices to be given under this CONTRACT, or otherwise, shall beserved by certified mail.
14.2 For the purposes hereof, unless otherwise provided in writing by theparties hereto, the address of CITY and the proper person to receive any such notice onits behalf is:
Karen P. BrustCity ManagerCity of Encinitas505 S. Vulcan AvenueEncinitas, CA 92024-3633
and the address of CONTRACTOR and the proper person to receive any such notice onits behalf is.
TC Construction Company, Inc.Attn: Austin Cameron, President10540 Prospect Ave.Santee, CA 92071619-417-7396License # A402459
15.0 CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATIONREFORM AND CONTROL ACT OF 1986
"CONTRACTOR certifies that CONTRACTOR is aware of the requirements ofthe Immigration Reform and Control Act of 1986 (8 USC Secs. 1101-1525) and willcomply with these requirements, including but not limited to verifying the eligibility foremployment of ali agents, employees, subcontractors and consultants that are includedin this Contract."
16.0 AFFIDAVIT OF NONCOLLUSION
As required by California Public Contracts Code section 7106, the CONTRACTOR hassubmitted within Section F, Bid Forms, affidavit of non-collusion affidavit, which isattached hereto and incorporated herein as though fully set forth at length.(NOTAPPLICABLE —EMERGENCY WORK)
2017-06-28 Item 8H 13 of 86
17.0 CONTRACTOR'S AWARENESS AND COMPLIANCE WITH THE STATE OFCALIFORNIA FAIR EMPLOYMENT PRACTICES
CONTRACTOR certifies that CONTRACTOR is aware of the requirements of the FairEmployment and Housing Act (Gov. Code, 1290-0 et seq.) and will comply with theprovisions as required by Labor Code section 1735.
18.0 RECORDS RETENTION AND INSPECTION
CONTRACTOR agrees that it will retain all records, including financial and employmentrecords, relating to the Emergency Repair of Lone Jack Rd. ;Project CX17B for a periodof three years from substantial completion of the project. CONTRACTOR agrees that onthree days' written notice from the City, CONTRACTOR will make all records available forinspection and copying by the City or the City's authorized representative.
19.0 PROGRESS OF WORK
Pending resolution of any dispute under the contract, the CONTRACTOR shall not beexcused from any scheduled completion date provided for by the CONTRACT, and shalldiligently proceed with all work necessary to complete the work of improvement. No workshall be delayed or postponed by the CONTRACTOR pending resolution of any dispute ordisagreement, including payment, with the CITY unless otherwise agreed to in writing.The CITY shall compensate the CONTRACTOR based on the CONSTRUCTIONMANAGER's interpretation of the CITY's obligation to pay, or on a subsequent writtenagreement of the parties, or as otherwise determined or fixed by arbitration or in a court oflaw.
20.0 NO VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the City, eitherbefore, during or after the execution of this Contract, shall affect or modify any of the termsor obligations herein contained nor such verbal agreement or conversation entitleContractor to any additional payment whatsoever under the terms of this Contract. Allcontractual modifications shall be in writing and executed by City personnel authorized tobind City.
21.0 CLAIMS STATUTE COMPLIANCE
In addition to any other notice requirement contained herein, Contractor is required tocomply with all Ca{ifornia Government Claims Act Requirements before initiating suit.
22.0 NO ASSIGNMENT
Contractor has no right or power to assign or transfer this Contract, ar any portion thereof,nor shall any of the Contractor's duties be delegated, without the express, prior writtenconsent of the City. Any attempt to assign or delegate this Contract without the expresswritten consent of the City shall be void and of no force or effect. Consent by the City to
2017-06-28 Item 8H 14 of 86
one assignment, transfer or delegation shall not be deemed to be a consent to anysubsequent assignment, transfer or delegation.
23.0 ENTIRE AGREEMENT
This contract and related Contract Documents comprise the entire agreement between theCity and the Contractor concerning the work to be performed and the project.
CONTRACTOR
TC Construction many, Inc.
By: /~~r~Austin CameronPresident
Dated: 2d I~
APPROV D AT TO FORM:
Glenn Sabine, City Attorney
laity Man er
Dated:
2017-06-28 Item 8H 15 of 86
ATTACHMENT A
Emergency Repair of Lone Jack Road; Project CX17B
WORK TO BE DONE
All work shall be done in accordance with the Special Provisions, the "GreenbookStandard Specifications for Public Works Construction (2015 edition), and the 2010edition of the State of California Department of Transportation Standard Specifications,the San Diego Area Regional Standard Drawings (August, 2009 edition), and the State ofCalifornia Department of Transportation Standard Plans (2010 edition).
This project involves the rehabilitation of Lone Road, south of Fortuna Road. This workconsists of dewatering the site and filtering the ground water through coordination with theSan Elijo Joint Powers Association, removing the compromised road bed and transportingthis material to another site. Placing a French system and reconstruction of the road witha section described as 8" of AC over 12" of virgin class II base that will rest on HP570fabric underlain by 2ft. of 3/4" rock resting on another layer of HP570 fabric. The silt tankshown below is to be replaced with Pure Effect's mechanical filtration system. Thereinstallation of the horse trail crossing immediately south of Fortuna Ranch Rd. Fieldchanges may modify the required work.
3129 MIXER CONCRETE TRAILER (T YD) $500 / YD1689 SHEEPSFOOT 5 X 5 18.001709 LEAK FINDER 12.001762 CHLORINATION TRAILER 13.50i 783 MOBILE OFFICE 12 X 60 1 p, pp1973 GRINDER REMAX TOW BEHIND 4800 36"-48" 254.002004 LEAK FINDER 20.002982 CHLORINATION TRAILER 13.503016 Ml N MITE BLOWER / TRAfLER 12, OOOcfm 20" 20.003017 TREBOR MADE BLOWER / TR,4ILER 10,000cfm 18" 8.00
ASPHALT / C~fYCRETE EQUIPMENT
2328 CURB MACHINE POWER CURB BERM MILLER 50.00 135.00 165.002357 STRIPING MACHINE LINE LASER 3900 3900 25.003027 ZlEMAN TRAILER SEAL TANK w/1000 1000GAL 25.003033 LEE BOY TACK WAGON 5738 150GAL 50.00
TC CONSTRUCTION CO., INC.10540 PROSPECT AVENUESANTEE, CA 92071 (619) 448-4560
_ FAX (619) 258-9751
2017-06-28 Item 8H 49 of 86
~R~~tT CE~K
SHARIDEN DESIGN ASPHALT, INC.P.O. Box 285Alpine, CA 91903
aiu To
T.C. Construction.Art Hernandez
ASR 7 1X017
-~-Q~ '~..1
Invoice
Date Invoice #
~~ ~V
P.O. No. Project~~
Lone Jack ~ Fortuna...
Item Description Quantify Rate Amount
Traffic Patterns XD (Lone Jack R Fortuna Ranchinstallation 4!20!2017
7R4FFIC PA7TE... Rehzat asphalt installed by others. Install Traffic 764 23.29188 17,791.00Fommla XD (minimum thickness of 1 ~0 mis)Traffic Pattzms is a durable przformed thermoplasticpa~~ement marking material used primaril}~ for streeucapeand traffic calming.Pattern: Random Stone ~~~ith Running Bond BrickBorderColor: Cocoa
PRE h4ARK Option :Install Pre Mazk I1~ermoplastic 12" n~hite lib ] 0.869 7 L~00.00Striping on out side of }~D \~l~alls( Additional S 1,00.00 )
CH.~i~GE ORDER O~~er time Charee (7 men n~~o additional hours) 968.00 968.00
TR4FFIC CONT... TRAFFIC COTTROL BY OT}~RS
PUBLIC PREVAI... Yes
LT'ION Shaziden is a Member of Local Labor Union !I 18~1
yL.,.{ rntitled, "A Resolurion of tlx City Council of the City o£Encinitas
_', ~ , , r t ~y~ ', ?,mending the Fiscal Year 201 G I7 Adopted Budget" authonzine as ~,.,,., f~yp addinonal appropruhoa of S 39,800 (Attachment 3).
'~' ?Ql',-9i-~9Item lOB Emtreenc~ - ~4laachester
~ _ ~ s + ~~~y Cl'nrb: - Lonc Jack Road Revs¢ - Construction and In~pecnonContracts. Contact Peon. Deputy Duecmr of En¢interinz Deane
1}Authorize tha Public \l`orks Director, or his desi~ee, m cowultationKith ifie Cm Attorney, io executz a conmtt, and anc azczssart°amendmems, task ordzrs and duce extenswas, n'ith'I'C Construction, Inc.(.4ttachmrnt 1) for consssuacen ~~ark relazed to the emugenc~ repair on
lOC. Lone Jack Road; 2} Authonze the Pubic L~'mlcs Diractor, or hss desigvee,in consultzrion tivtth the City• Attorney, to execute an aznandanant. nzthGmgacifica (4tfachmrnt 2), in an amount not to exceed 518,$40 farinspection work related ro the emergarcy repair on Lone JacL Road; and 3)Adopt Gity Council Resolution No. ?01?•20 mhtled, "A Resoluhan aftheCity Council of the City ofEaciniraz Ammdmg the Fvscai Year ?D16-17Adapud &udget" authanziag an addiuona! appropriation of 54 47.300(Attachment 3).
~rgposzd reor~aruzation_and_persgnnel ~haagey_~ the Public_~orlts,
• 1. CALL TO ORDER P~a"n'i'..€_d~.5 Buildsgg ,City,~fuaa~er City C1efi..mid Pads.. ~. Recreationn L7c :artmrnts. Contact Person: Human ltesourc~s 44fl cr Uun h~
• 2. ROLL CALL
Suff recommends that the City Couaul~ 1) Appcoce the first reading ofna_____ ~ni. -r n_~ _~_~. ~~.n._Ma"'__. _:..w. r.~.rY.__:~. _r.a._.r:__..
~ 106'4
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Cit CouncilyMEETING DATE: March 29, 2017
PREPARED BY:
DEPARTMENT:
Ed Deane, DeputyDirector, Engineering
Public Works
INTERIM DEPTDIRECTOR:
CITY MANAGER
James G. Ross
Karen P. Brunt
SUBJECT:
EMERGENCY WORK —LONE JACK ROAD REPAIR —CONSTRUCTION AND INSPECTIONCONTRACTS
RECOMMENDED ACTION:
1. Authorize the Public Works Director, or his designee, in consultation with the CityAttorney, to execute a contract, and any necessary amendments, task orders and timeextensions, with TC Construction, Inc. (Attachment 1) for construction work related to theemergency repair on Lone Jack Road.
2. Authorize the Public Works Director, or his designee, in consultation with the CityAttorney, to execute an amendment, with Geopacifica (Attachment 2}, in an amount notto exceed $18,800 for inspection work related to the emergency repair on Lone JackRoad.
3. Adopt City Council Resolution No. 2017-20 entitled, "A Resolution of the City Council ofthe City of Encinitas Amending the Fiscal Year 2Q16-17 Adopted Budget" authorizing anadditional appropriation of $447,300 (Attachment 3).
STRATEGIC PLAN:
The project aligns with the Public Safety Focus Area by creating a safe and secure environmentfor citizens and businesses throughout the City.
FISCAL CON5IDERATIONS:
The fiscal impact associated with the staff recommendation requires an increase to the currentapproved General Fund budget in the amount of $447,300.
Final Estimated Time and Materials by TC Construction, Inc.GeopacificaContingency (15%)Total
$370,000$ 18,80058 50Q
$447,300
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BACKGROUND:
On the morning of March 1, 2017, engineering staff was made aware of a road failure on LoneJack Road in the community of Olivenhain. Several weeks of heavy rain caused thegroundwater level to rise up to the surface to the point that pressure forced the groundwater toexit the pavement on Lone Jack Road and Fortuna Ranch Road. Continuous flow ofgroundwater has been coming out of pavement, out of water valve covers, and along the edgesof manholes on those streets. This significant amount of surface flow along with the over-saturated subgrade, has led to a significant road failure on Lone Jack Road, and the potentialfor failure on Fortuna Ranch Road. On March 1, 2017 a construction dump truck travelingsouthbound on Lone Jack Road between Bella Collina and Fortuna Ranch Road came to anabrupt stop, broke through the asphalt surface and sank 10 inches into the oversaturatedsubgrade. This incident highlighted the public safety hazard that existed on Lone Jack Roadand Fortuna Ranch Road due to the impact of high ground water flows. A pavement failurerelated to the high groundwater elevation also has a high probability of occurring on FortunaRanch Road. The timing of these types of failures is difficult to predict, but efforts to remediatethe groundwater problem prior to the failure assures the safety of the traveling public.
This situation met the definition of an emergency per the State Public Contract Code section1102, and an emergency declaration was signed by the City Manager on March 3, 2017(Attachment 4).
ANALYSIS:
The scope of work necessary to address the situation included excavating and hauling away theexisting damaged asphalt pavement and oversaturated subgrade, installing a perforatedsubdrain to drain the groundwater to an adjacent drainage channel, and installation of new baseand asphalt pavement.
TC Construction was selected based on their history of working with the City and have thenecessary experience, equipment and personnel, required to successfully execute a project ofthis magnitude and complexity.
ENVIRONMENTAL CONSIDERATIONS:
The action being considered by the City Council is exempt from the California EnvironmentalQuality Act (CEQA) because it is not a "project" per Section 15378(b)(5) of the CEQAGuidelines. The action involves an organizational or administrative activity of government thatwill not result in the direct or indirect physical change in the environment.
This item is not related to the Climate Action Plan.
ATTACHMENTS:
1. Contract for Construction Services between the City of Encinitas and TC Construction,Inc.
2. Amendment #7 to Agreement for Professional Consulting Services between the City ofEncinitas and Geopacifica
3. City Council Resolution No. 2017-20 entitled, "A Resolution of the City Council of theCity of Encinitas Amending the Fiscal Year 2016-17 Adopted Budget"
4. Emergency Declaration memo, dated March 3, 20175. Summary of Budgetary Fund Balance
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ATTACHMENT 1
CONTRACT FOR THECONSTRUCTION OF A PUBLIC WORKS
EMERGENCY PROJECT CX17B
THIS CONTRACT is made and entered into by and between the CITY ofEncinitas, a municipal corporation, hereinafter referred to as "CITY", and TCConstruction Company, Inc., hereinafter referred to as "CONTRACTOR".
RECITALS
WHEREAS, the subject site is located at Lone Jack Rd., south of Fortuna Ranch Rd.;and,
WHEREAS, recent rains have caused the ground water to rise and the subgradeof the road to be compromised to the point where truck sunk into the roadbed; and,
WHEREAS, the repair of this road failure constitutes an "Emergency", as definedby Public Contract Code §1102 since this erosion is a "sudden, unexpected occurrencethat poses a clear and imminent danger" to the integrity of a critical road that providesthe only access to the Olivenhain area of Encinitas, "requiring immediate action toprevent or mitigate the loss of impairment of life, health, property, or essential publicservices"; and,
WHEREAS, City requires a general contractor to perform the repairs as anemergency project generally described as:
Emergency Repair of Lone Jack Road; Project CX17B, and,
WHEREAS, Contractor represents itself as possessing the necessary skills andqualifications to construct the emergency project required by the City and possessingthe required Contractors license;
NOW THEREFORE, in consideration of these recitals and the mutual covenantscontained herein, City and Contractor agree as follows:
1.D CONTRACTOR'S OBLIGATIONS
1.1 CONTRACTOR shall construct the project in conformance with therequirements set forth in Attachment A, which is attached hereto and incorporatedherein as though fully set forth at length; and which will hereinafter be referred to as"PROJECT".
1.2 The CONTRACTOR shall perform all work required to construct thePROJECT in conformity with applicable requirements of all City, State, and federal laws.
1.3 The CONTRACTOR is hired to render professional services and anypayments made to CONTRACTOR are compensation fully for such services.
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1.4 CONTRACTOR shall maintain throughout the full term of this CONTRACTall professional certifications and licenses required in order to comply with all City,State, and federal laws in the performance of this CONTRACT.
1.5 The CONTRACTOR shall pay to all laborers and mechanics employed onthe project not less than the State prevailing wage rate as determined by the Director ofIndustrial Relations of the State of California. See, Labor Code Sections 172Q et seq.and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 etseq. ("Prevailing Wage Laws")
3.0 PAYMENT FOR SERVICES
Payment for CONTRACTOR's work to be rendered hereunder shall be in accordancewith the provisions that are standard for the industry, subject to the unit prices reflectedin CONTRACTOR`S emergency rates (Attached herein) or for other items shall be billedand paid for on a Time and Materials basis, as appropriate.
3.5 SECURITY FAR CONTRACTOR'S PROMISE TO PERFORM — NOTAPPLICABLE
4.0 TERM OF CONTRACT
4.1 This CONTRACT shall be immediately effective on and from the day, monthand year of its execution by CITY.
4.2 CONTRACTOR has commenced with the construction of the PROJECT.
4.3 CONTRACTOR shall fully complete the performance of this contact within 5working days from the date of this contract.
5.0 TERMINATION OF CONTRACT
In the event of the CONTRACTOR'S failure to prosecute, deliver, or perform the work asprovided for in this CONTRACT, the CITY may terminate this CONTRACT by notifying theCONTRACTOR by certified mail of said termination.
6.0 STATUS OF CONTRACTOR
The CONTRACTOR shall perform the services provided for herein in a manner ofCONTRACTOR's own choice, as an independent contractor and in pursuit ofCONTRACTOR's independent calling, and not as an employee of the CITY.CONTRACTOR shall be under control of the CITY only as to the result to beaccomplished and the personnel assigned to the project. However, CONTRACTORshall confer with the CITY as required to perform this CONTRACT.
7.0 SUBCONTRACTING
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7.1 Not Applicable. CONTRACTOR shall not subcontract out any Work.
7.2 If the CONTRACTOR subcontracts any of the work to be performed underthis CONTRACT, CONTRACTOR shall be as fully responsible to the CITY or the actsand omissions of the CONTRACTOR's subcontractor and of the persons either directlyor indirectly employed by the subcontractor, as CONTRACTOR is for the acts andomissions of persons directly employed by CONTRACTOR. Nothing contained in theCONTRACT shall create any contractual relationship between any subcontractor ofCONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor bythe terms of the CONTRACT applicable to CONTRACT~R's work unless specificallynoted to the contrary in the subcontract in question approved in writing by the CITY.
8.0 ASSIGNMENT OF CONTRACT
The CONTRACTOR has no authority or right to assign this CONTRACT or any partthereof or any monies due thereunder without first obtaining the prior written consent ofthe CITY.
9.0 EQUALS —Not Applicable
10.0 VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the CITY,either before, during or after the execution of this CONTRACT, shall effect or modifyany of the terms or obligations herein contained nor such verbal agreement orconversation entitle CONTRACTOR to any addition payment whatsoever under theterms of this CONTRACT. Direction from the City Inspector is the exception to thisstatement.
11.0 DISPUTES
11.1 Initial Dispute Resolution. If a dispute should arise regarding theperformance of this Agreement, the following initial dispute resolution procedures shallbe used prior to initiation of the statutory claims procedure set forth in Section 13.4 et.seq:
A. Within twenty (20) City working days after a dispute regarding theperformance of this Agreement arises, it shall be reduced to writing at staff levelby the complaining party setting forth the nature of the dispute in detail, alongwith all pertinent back up documentation in support. The writing shall bedelivered to the receiving party by first class mail or personal delivery directly tothe party's project manager, along with recommended methods of resolution.
B. The party receiving the letter shall reply to the letter with a detailedresponse, along with a recommended method of resolution, if any, within ten (10}City working days of receipt of the letter.
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11.2 If the dispute is not resolved at staff level in accordance with Section 13.1,within five (5) City working days of the receiving party response (or longer if agreedbetween the parties) ,the aggrieved party, through its respective project manager shalldeliver to the City Manager's office a letter outlining the dispute for the City Manager'sreview. The receiving party may submit further response, if required, to the Citymanager within five {5) city working days thereafter. The City Manager, at his/her solediscretion may respond as he/she deems appropriate, including recommendations forresolution, discussions or rejection of the dispute within fifteen (15} working days ofreceipt of the complaint.
11.3 If the dispute remains unresolved and the parties have exhausted theprocedures outlined in this section, the parties may then seek remedies available tothem under this Agreement and at law, including, but not limited to, under thetermination procedures. This provision does not relieve Contractor of its obligation andContractor is required to timely comply with all applicable provisions of the GovernmentClaims Act before initiating any legal proceeding against City.
11.4 Public Contract Code ~ 201 Q4. Consistent with Public Contract Code §20104 et. seq., a claim by the Contractor for a time extension; payment of money ordamages arising from work done by or on behalf of the Contractor pursuant to theContract which is not otherwise expressly provided for or the claimant is not otherwiseentitled to; or an amount the payment of which is disputed by the City, shall be dealtwith as follows:
A: The claim shall be in writing and include the documents necessary tosubstantiate the claim. Claims must be filed on or before the date of finalpayment. Nothing in this subdivision is intended to extend the time limit orsupersede notice requirements otherwise provided by the Contract for the filingof claims.
B. For claims of less than fifty thousand dollars ($50,000):
1. For claims of less than fifty thousand dollars ($50,000), the Cityshall respond in writing to any written claim within 45 days of receipt of theclaim, or may request, in writing, within 30 days of receipt of the claim, anyadditional documentation supporting the claim or relating to defenses tothe claim the City may have against the claimant.
2. If additional information is thereafter required, it shall be requestedand provided pursuant to this subdivision, upon mutual agreement of theCity and the claimant.
3. The City's written response to the claim, as further documented,shall be submitted to the claimant within 1 S days after receipt of the furtherdocumentation or within a period of time no greater than that taken by theclaimant in producing the additional information, whichever is greater.
C. For claims of fifty thousand dollars ($50,000) or more:
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1. For claims of over fifty thousand dollars ($50,000) and less than orequal to three hundred seventy-five thousand dollars ($375,000), the Cityshall respond in writing to all written claims within 6d days of receipt of theclaim, or may request, in writing, within 30 days of receipt of the claim, anyadditional documentation supporting the claim or relating to defenses tothe claim the City may have against the claimant.
2. If additional information is thereafter required, it shall be requestedand provided pursuant to this subdivision, upon mutual agreement of theCity and the claimant.
3. The City's written response to the claim, as further documented,shall be submitted to the claimant within 30 days after receipt of the furtherdocumentation,, or within a period of time no greater than that taken by theclaimant in producing the additional information or requesteddocumentation, whichever is greater.
D. If the claimant disputes the City's written response, or the City fails torespond within the time prescribed, the claimant may so notify the City, inwriting, either within 15 days of receipt of the City's response or within 15days of the City's failure to respond within the time prescribed,respectively, and demand an informal conference to meet and confer forsettlement of the issues in dispute. Upon a demand, the City shallschedule a meet and confer conference within 30 days for settlement ofthe dispute.
E. Following the meet and confer conference, if the claim or any portionremains in dispute, the claimant shall file a government claim pursuant toChapter 1 (commencing with Section 900) and Chapter 2 (commencingwith Section 91 Q} of Part 3 of Division 3.6 of Title 1 of the GovernmentCode. The Government Claim filing requirement is a required prerequisiteto bring a court action against City. For purposes of those provisions, therunning of the period of time within which a claim must be filed shall betolled from the time the claimant submits his or her written claim pursuantto this section until the time the claim is denied, as a result of the meetand confer process, including any period of time utilized by the meet andconfer process.
11.5 Contractor acknowledges that California Government Code Sections12650 et seq., the False Claims Act, provides for civil penalties where a personknowingly submits a false claim to a public entity. These provisions include false claimsmade with deliberate ignorance of the false information or in reckless disregard of thetruth or falsity of the information. This provision does not relieve Contractor of itsobligation and Contractor is required to timely comply with all applicable provisions ofthe Government Claims Act before initiating any legal proceeding against City.
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11.6 As required by Public Contracts Code ~ 9201, the City will provideContractor with timely notification of any third party claim related to the contract.
12.0 HOLD HARMLESS
12.1 To the fullest extent allowed by law, CONTRACTOR, (including, but notlimited to, its employees, subcontractors, officials, officers or representatives) agrees toindemnify, immediately defend and hold the City and City's, officers, elected officials,employees, City contractors and agents harmless from, and against any and all liabilities,claims, suits, actions ,demands, administrative actions, fines, actions for injunctive relief,causes of action, losses, damages, attorney's fees and casts, including all casts ofdefense thereof, brought against them arising directly or indirectly from, any workperformed by Contractor or Contractor's agents, employees, subcontractors, officials,officers or representatives during the performance of any services and work under thiscontract. This includes the active or passive negligence of City, as allowed by law. Upondemand, Contractor shall, at its own expense, immediately defend and indemnify City andCity's officers, elected officials, employees, City contractors and agents, from and againstany and all such liabilities, claims, suits, actions, demands, administrative actions, fines,penalties, actions for injunctive relief, causes of action, losses, damages and costs broughtagainst them. The Contractor shall provide a defense to the City's indemnitees or at theCity's option reimburse the City for its costs of defense, including reasonable attorneys'fees, incurred in the defense of such claims; and the Contractor shall promptly pay anyfinal judgment or portion thereof rendered against the CITY.
12.2 CONTRACTOR'S obligation herein includes, but is not limited to, fines,penalties, attorney's fees, costs, ADA claims arising during the course of construction ofthe improvements, ADA claims arising as the result of defects in the construction of theimprovements, alleged defects in the construction of the improvements; alleged defectsin the materials furnished in the construction of the improvements; alleged injury topersons or property; alleged inverse condemnation of property as a consequence of theconstruction or maintenance of the work or the improvement; and any accident, loss ordamage to the work or the improvements prior to the acceptance of same by City.
12.3 By inspecting, approving or accepting the improvements, City shall nothave waived the protections afforded herein to City and City's officers, officials,employees and agents or diminished the obligation of CONTRACTOR who shall remainobligated in the same degree to indemnify and hold City and City's officers, officials,employees and agents, harmless as provided above.
12.4 CONTRACTOR's obligation herein does not extend to liabilities, claims,demands, causes of action, losses, damages or costs that arise out of the City'sintentional wrongful acts, violations of law, ar the City's sole active negligence.
13.0 INSURANCE
The Contractor shall obtain and for the full term of this contract maintain in full force andeffect, comprehensive general liability and property damage insurance, or commercialgeneral liability insurance, automobile and Worker's Compensation Insurance from
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insurers having a Best Rating of A-: VII or better and licensed and authorized by theInsurance Commissioner of the State of California Department of Insurance to betransacting business in the State of California and approved by City. CONTRACTORshall also name City as an additional insured and provide adequate proof of insurance.
14.0 NOTICES
14.1 Any notices to be given under this CONTRACT, or otherwise, shall beserved by certified mail.
14.2 For the purposes hereof, unless otherwise provided in writing by the,parties hereto, the address of CITY and the proper person to receive any such notice onits behalf is:
Karen P. BrustCity ManagerCity of Encinitas505 S. Vulcan AvenueEncinitas, CA 92024-3633
and the address of CONTRACTOR and the proper person to receive any such notice onits behalf is:
TC Construction Company, Inc.Attn: Austin Cameron, President10540 Prospect Ave.Santee, CA 92071619-417-7396License # A4Q2459
15.0 CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATIONREFORM AND CONTROL ACT OF 1986
"CONTRACTOR certifies that CONTRACTOR is aware of the requirements ofthe Immigration Reform and Control Act of 1986 (8 USC Secs. 1101-1525} and willcomply with these requirements, including but not limited to verifying the eligibility foremployment of all agents, employees, subcontractors and consultants that are includedin this Contract."
16.0 AFFIDAVIT OF NONCOLLUSION
As required by California Public Contracts Code section 7106, the CONTRACTOR hassubmitted within Section F, Bid Forms, affidavit of non-collusion affidavit, which isattached hereto and incorporated herein as though fully set forth at length.(NOTAPPLICABLE —EMERGENCY WORK}
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17.0 CONTRACTOR'S AWARENESS AND COMPLIANCE WITH THE STATE OFCALIFORNIA FAIR EMPLOYMENT PRACTICES
CONTRACTOR certifies that CONTRACTOR is aware of the requirements of the FairEmployment and Housing Act (Gov. Code, 1290-0 et seq.) and will comply with theprovisions as required by Labor Code section 1735.
18.0 RECORDS RETENTION AND INSPECTION
CONTRACTOR agrees that it will retain all records, including financial and employmentrecords, relating to the Emergency Repair of Lone Jack Rd. ;Project CX17B for a periodof three years from substantial completion of the project. CONTRACTOR agrees that onthree days' written notice from the City, CONTRACTOR will make all records available forinspection and copying by the City or the City's authorized representative.
19.0 PROGRESS OF WORK
Pending resolution of any dispute under the contract, the CONTRACTOR shall not beexcused from any scheduled completion date provided for by the CONTRACT, and shalldiligently proceed with all work necessary to complete the work of improvement. Na workshall be delayed or postponed by the CONTRACTOR pending resolution of any dispute ordisagreement, including payment, with the CITY unless otherwise agreed to in writing.The CITY shall compensate the CONTRACTOR based on the CONSTRUCTIONMANAGER's interpretation of the CITY's obligation to pay, or on a subsequent writtenagreement of the parties, or as otherwise determined or fixed by arbitration or in a court oflaw.
20.0 NO VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the City, eitherbefore, during or after the execution of this Contract, shall affect or modify any of the termsor obligations herein contained nor such verbal agreement or conversation entitleContractor to any additional payment whatsoever under the terms of this Contract. Allcontractual modifications shall be in writing and executed by City personnel authorized tobind City.
21.0 CLAIMS STATUTE COMPLIANCE
In addition to any other notice requirement contained herein, Contractor is required tocomply with all California Government Claims Act Requirements before initiating suit.
22.0 NO ASSIGNMENT
Contractor has no right ar power to assign or transfer this Contract, or any portion thereof,nor shall any of the Contractor's duties be delegated, without the express, prior writtenconsent of the City. Any attempt to assign or delegate this Contract without the expresswritten consent of the City shall be void and of no force or effect. Consent by the City to
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one assignment, transfer or delegation shall not be deemed to be a consent to anysubsequent assignment, transfer or delegation.
23.0 ENTIRE AGREEMENT
This contract and related Contract Documents comprise the entire agreement between theCity and the Contractor concerning the work to be performed and the project.
CONTRACTOR
TC Construction Company, Inc.
Austin CameronPresident
CITY OF ENCINITAS
byInterim Public Works Director
Dated:
APPROVED AT TO FORM:
Glenn Sabine, City Attorney
Dated:
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ATTACHMENT A
Emergency Repair of Lone Jack Road; Project CX17B
WORK TO BE DANE
All work shall be done in accordance with the Special Provisions, the "GreenbookStandard Specifications for Public Works Construction (2015 edition), and the 2010edition of the State of California Department of Transportation Standard Specifications,the San Diego Area Regional Standard Drawings (August, 2009 edition), and the State ofCalifornia Department of Transportation Standard Plans (201 Q edition).
This project involves the rehabilitation of Lone Road, south of Fortuna Road. This workconsists of dewatering the site and filtering the ground water through coordination with theSan Elijo Joint Powers Association, removing the compromised road bed and transportingthis material to another site. Placing a French system and reconstruction of the road witha section described as 8" of AC over 12" of virgin class II base that will rest on HP570fabric underlain by 2ft. of 3/4' rock resting on another layer of HP570 fabric. The silt tankshown below is to be replaced with Pure Effect's mechanical filtration system. Thereinstallation of the horse trail crossing immediately south of Fortuna Ranch Rd. Fieldchanges may modify the required work.
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T8~M RATES Page 1 of 12i
consuucclm
company
311/2017
6UCKETSIZE/ H~u~y OPERATED OTEQUIP„ EQUIP DESCRIPTION MODEL S1ZE
In response. tc~ yoLu~ request I have prepared this rrorosal t.n Perfoi7n GeQtechnicalconsulting, consu•uction inspection, compaction testing; labarhtory testing and Uacktlllcompaction testing, Qtr scope of ser~~ices would be to verify tl~e excavations. and to testthe compaction X90% relative compaction and 95%relative compaction] for ali tills rindgrading, perform laboratory tcstin~ of the onsite soils and verify adherence to therequirements of the City of Encinil~s. Our estimates for this emergency operation ru'e forn 3D day period.
We estimate that a technician will be T~quired for inspectial~ for approximately 16U hours.for tiie repair operations. We also a~~ti~ E~atc appruxirnatefy 40 hours oP geotechnicalconsulting and an estimated amount for the laboratory testing and compaction.Laboratory testing will be performed oil the base materiat(Billed can work pi:rf~rmed endin accordance with our approved schedule of fees). Some supervision will be required~tnd is incli.~ded in the geptechnical consulting hours. Daily reports will Ue prepared fotevery day of work along with a photo l.oe of all performed work.. Our rate foi a sailstechnician and engineerinD inspector incl~ides mileage. ~i~r nuclear de~tsiEy jauge will becharged on an hourly basis and wi11 be based on usage.
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G~opacifica, Inc.
~Ve estimate the following cos?s for the Lone Jack Emergency repair projecC:
Soils Technician
Laboratory'1'esting/Compaction toting
Consulti«g/Supervision
l 601u~s @ $?2.50/hr ~ l l ,60Q.0(1
~300Q00
40tu•s C~ $105/hr ~42UU.UU
Total $18,800.00
We propose to perform the requested cervices fo a total 01' $18,800,00. We 4vould notexceed that amount unless fhe scope of services chtingzd and only upon writtenauthorization. Afield technician curl engineering i.ispector will be assigned to yourproject and that ,same technicizn woi.ild remain. on t1;e project until ~c~mpletiau. Tl~e fieldtechnician and engineerinc inspecCor that t~~ill be assigned has extensive experience inboth canscruetion oUservation and compaction testing and also have pe.rfc~rmzd work. onabler ~rc?jects for the City of Encinitas.
I!' y~~u have any yueslions, ple~E$~ call me al X760)802-7560,~ rlr` ?' .'
Sincerely, ~.`"~,.-
"~ ~~':
.. --~~J~rties F. I{no~vlton '`~~-
President
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ATTACHMEI~IT 3
RESOLUTION NO. 2017-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITASAMENDING THE FISCAL YEAR 2016-17 BUDGET
WHEREAS, on June 22, 2Q 16 the City of Encinitas City Council adopted :ResolutionNo. 2016-64 appropriating the budget for Fiscal Fear 2016-17; and
WHEREAS, changes iii a~iti~ipated revenues and/or expenditures of the City ofEncinitas necessitates a revision of the appropriations for Fiscal Year 2016-17; and
WHEREAS, budgeted expenditures do not exceed anticipated revenue and availablefund balance; and
WHEREAS, the City Cotuicil has. reviewed the proposed Fiscal. Yeax 2016-17budget amendments; and
NOW,. THEREFORE, BE TT RESOLVED, DETERMINED AND QRDERED thafthe City Council of tie City of Encinitas does, hereby, adopt the amencirnents for FiscalYear 2016-17 as shown in Exhibit A to this resolution.
PASSED AND ADOPTED this, 29nd day of March, by the following vote, to wit:
AYESNAYS:ABSENT:ABSTAIN:
Catherine S. Blakespear, MayorCity of Encinitas
ATTEST:
Kathy Hollywood, City Clerk
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Exhibi# A to Resolution 2017-20Revenue/ Expenditure)
Transfer in Transfer Out
Organization Ob}ect Project Increase Increase
Fund Narne Code Code No. Description (Decrease) (Decrease)
Transfef to Capital
Improvement Fund for
Lone lack Rd. emergency
1. General 1010000Q 498.2 repairs. $ 447,300.40
Transfer from General
Fund for Lone Jack Rd.
~. Capital Improvement 40200000 398,2 emergency repairs. $ 447,300.Q~
Project budget for Lone
Jack Rd. emergency
3. Capital improvement 40295101 59~ CX17B repairs. $ a47,300.OD
Total $ 447,300.00
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~l:l~il_~~~i!
CITY (~F EN~INITASPublic Works Departineilt —Engineering
505 South Vulcan avenueEncinitas, Ca. 92024-3633
Phone. (760) f~33-2770
MEMORANDUM
To: Ifaren P. Brust, City Manager
From: Paul Malone, Interim Public Works Director
Date: March 3, 2017
Subject: Emergency road repairs on Lone Jack Road and Fortuna Ranch Road
On the morning of March 1, 2017, engineering staff was made aware of a road failure anLome Jack Road in the community of Olivenhain. Several weeks of heavy rain hascausedthe groundwa#er level to rise up to the surface to the point that pressure forced thegroundwater to exit the pavement on Lone Jack Road and Fortuna Ranch Road.Continuous flow of groundwater has been coming out of the pavement, out of water valvecovers, and along the edges of manholes on those streets. This significant amount ofsurface flow along witF~ the over-saturated subgrade, has Jed to ~ significant road failure onLone Jack Road, and the potential for failure on Fortuna Ranch Road. On March 1, aconstruction dump tn~ck traveling southbound on Lone Jack Rd. between Bella Callina andFortuna Ranch Rd. came to an abrupt slop, broke through the asphalt surface and sank 1Dinches into the oversaturated subgrade. This incident highlighted the public safety hazardThat exists on Lone Jack Road and Fortuna Ranch Road due to the impact of high groundwater flows. A pavement failure related to the high groundwater elevation also has a highprobability of occurring on Fortuna Ranch Road. The timing of these types of failures isdifficult to predict, but efforts to remediate the groundwater problem prior to the failureassures the safety of the traveling public.
This situation meets the definition of an Emergency per the State Public Contract Codesection 1102, which states the following; "Emergency, as used in this code, means asudden, unexpected occurrence that poses a clear and imminent danger, requiringimmediate action to present or mitigate the loss or impairment of life, health, property, oressential public services."
The current situation ca(Is for immedia#e action for the protection of the travelling public anLone Jack f~oad and Fortuna Ranch Road.
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The scope of work necessary to address the situation includes, but is no# limited to,excavating and hauling away the existing damaged asphalt pavement and oversaturatedsubgrade, installing a perforated subdrain to drain the groundwater to an adjacent drainagechannel or stvrrn drain, and installing new base and asphalt pavement.
Sectiari 7.18.60 of the Municipal Code covers emergency work and states that in the eventof an emergency. as determined by the City Manager, wrhich requires immet~iate action toensure public health, safety, welfare and continuity of operations, the City Manager maycause the purchase of necessary supplies, equipment and services without competitivebidding for the purpose of responding to the emergency with unencumbered money,irrespective of whether said money has been appropriated for such purpose. A full report ofthe circumstances of any such emergency purchase shall be presented to the City Councilat the next available regularly scheduled City Council meeting.
am recommending that you declare a local eme~~gency to allow for the expeditious repairsto the damaged section of road on Lone Jack Road, and the installation of subsurfacegrau~dwater mitigation efforts on Fortuna Ranch Road- Please sign below to acknowledgeyour concurrence.
I, Karen P, Brust, with knowledge of the read failure on Lone Jack Road and thepotential failures on Fortune Ranch Road due to ~Nater intrusion caused by theextensive rains on and before March 1, 2017, acting on the professional advice ofthe City Engineer Kamran Saber, PE, do hereby declare a condition of localemergency pursuant to Encinitas M«nicipal Code Section 7.i 8,060. This codesection allows for expedited repairs to address emergency conditions to ensurepublic health, safety and welfare. A report will be made to the City Council regardingthis declaratjon at the regularly scheduled Council meeting on March 8, 2017.
~a
EngineerApproved As To Farm:
ren P. Brust, City Manager Glenn Sabine; City Attorney
2017-03-29 Item 10C 34 of 352017.03-08 Item 11D (Updated with Signature) 2 of 2
2017-06-28 Item 8H 85 of 86
City of En
cini
tas
Summary of Bu
dget
ary Fund Balance
FY 2U 16-2017
FY2016-77 Council Action
ATTACHMENT 5
Increase
Meeting
(Decrease) to
Available fund
Desc
ript
ion
Date
Reso
luti
on#
Fund Balance
Balance
Net Available Beginning Fund Balance, 7/
1/16
18
,594
,757
FY 2016-17 Original Budgets Adopted
6l22
11fi
2016-64
X9,7
86,7
42)
8,808,415
FY 2016-17 Budget Adjustments by Council:
1. Increase funding for pa
rkin
g study (WC15C)
7!13!16
2016-72
(25,
000}
8,783,015
2. Continuing ap
prop
riat
ions
for
uns
pent
FY 15-16 appropriations $1,201,403
8124116
2016-82
(328
,157
) 8,454,858
3. Hwy 101
Emergency Repairs Mon
itor
ing and Mai
nten
ance
9/14!16
2016-79
(77,
512)
8,377,346
4. Increase Construction Budget Car
diff
School Di
st. (CS17C)
9/14/16
2016
-81
98,000
8,475,346
5. Increase Tree Tri
mmin
g Budget fo
r Ficus Trees
9128!16
2016-90
(54,
000}
8,
421,
346
6. Increase funding fo
r Ma
rine
Safety Center at Moonlight Beach (CP14C)
9128116
2016
-91
(628,104)
7,79
3,24
2
7. CaIPERS pension liability lump sum payment from FY 7 5/16 Fund Baf