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HomeMy WebLinkAbout14 - Semeniuk Slough Maintenance Project — Award of Construction Contract (15X17)Q �EwPpRr CITY OF z NEWPORT BEACH City Council Staff Report October 25, 2016 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Robert Stein, Assistant City Engineer, rstein newportbeachca.gov PHONE: 949-644-3322 TITLE: Semeniuk Slough Maintenance Project — Award of Construction Contract (15X17) ABSTRACT: Construction bids for the Semeniuk Slough Maintenance Project (see Attachment A for Location Map) have been reviewed and staff requests City Council approval to award the construction contract to Innovative Construction Solutions (ICS). RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(H) — Minor Alteration of Land, of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Authorize Mayor to execute a Cooperative Agreement 12-711 with Caltrans for its contribution of $500,000 to the project on a form approved by the City Attorney and Caltrans; d) Approve Budget Amendment No. 17BA-015 recognizing a contribution from Caltrans in the amount of $500,000, appropriating $500,000 to Account 13501-980000- 15X17, and, appropriating $182,000 from Tidelands Maintenance Fund unappropriated balance to Account No. 10001-980000-15X17 for Semeniuk Slough Maintenance Project; e) Award Contract No. 3636B to ICS for the total bid price of $1,572,800.00, and authorize the Mayor and City Clerk to execute the contract; and f) Establish a ten percent contingency of $157,000 to cover the cost of unforeseen work not included in the original contract. 14-1 Semeniuk Slough Maintenance Project — Award of Construction Contract October 25, 2016 Page 2 FUNDING REQUIREMENTS: With execution of the Caltrans Cooperative Agreement and approval of the budget amendment, the project budget includes sufficient funding for this contract. It will be expensed to: Vendor Purpose Amount ICS Construction Contract $1,572,800.00 ICS Construction Contingency 157,000.00 Inspection Services Construction Inspection 50,000.00 Various Incidentals, Printing 12,200.00 Total $1,792,000.00 Proposed uses are: Account Description Account Number Amount Tidelands Maintenance 10001-980000-15X17 $1,292,000.00 Caltrans Contributions 13501-980000-15X17 500,000.00 3 Total $1,792,000.00 Under the proposed Cooperative Agreement with Caltrans, Caltrans will pay the City $500,000 to 1) remove sediment in a 200 foot open -channel reach of the slough within Caltrans right-of-way that leads to its box culvert, 2) provide access for Caltrans equipment to enter the box culvert to remove accumulated sediment, and 3) remove sediment Caltrans excavates from its box culvert. DISCUSSION: At 10 a.m. on October 13, 2016, the following bids for this project were submitted to Planet Bid: The low bid by ICS is 5% above the Engineer's Estimate of $1,500,000. ICS possesses a California State Contractors License Classifications "A" as required by the project specifications. ICS attended the mandatory pre-bid meeting on October 5 at City Hall, as well as the optional site visit with staff on October 10 to review site access into the slough area. A check of the Contractor's references indicates ICS has satisfactorily completed projects of similar size and complexity involving excavation, removal, and disposal of low strength, wet, fine grained marsh and estuarine sediment where use of low ground pressure and/or amphibious earth moving equipment was required. 14-2 Bidder Bid 1 Innovative Construction Solutions ICS $1,572,800.00 2 Beador Construction $1,760,300.00 3 Earth Construction & Mining $1,787,006.00 4 KEC Engineering $2,164,500.00 The low bid by ICS is 5% above the Engineer's Estimate of $1,500,000. ICS possesses a California State Contractors License Classifications "A" as required by the project specifications. ICS attended the mandatory pre-bid meeting on October 5 at City Hall, as well as the optional site visit with staff on October 10 to review site access into the slough area. A check of the Contractor's references indicates ICS has satisfactorily completed projects of similar size and complexity involving excavation, removal, and disposal of low strength, wet, fine grained marsh and estuarine sediment where use of low ground pressure and/or amphibious earth moving equipment was required. 14-2 Semeniuk Slough Maintenance Project — Award of Construction Contract October 25, 2016 Page 3 The Semeniuk Slough Maintenance Dredging Project, a cooperative project led by the City of Newport Beach with support by Caltrans, proposes to restore flood conveyance capacity in Semeniuk Slough and the State-owned storm drain box culvert that drains into the south end of the slough to restore the channel within the slough to its original depth of three feet below the Mean Lower Low Water. This depth will match that of the recently restored downstream section at the Santa Ana Marsh by the U.S. Army Corps of Engineers. The construction work will be performed "in -the -dry" by construction of a temporary sheet pile cofferdam across the channel at the north end and then dewatering the channel. Water pumped out during the dewatering operation will be discharged within a silt curtain enclosure adjacent to the cofferdam. The silt curtain will intercept and contain sediment so any accumulation can be removed at the end of the project. The sheet piling will be completely removed at the conclusion of all dredging work. Conventional land-based equipment consisting of excavators, blades, and front-end loaders will be used by the City's contractor to remove approximately 8,500 cubic yards of sediment within the main body of the slough. An additional 2,000 cubic yards of sediment will be removed by the City's contractor from the storm drainage ditch immediately south of the slough channel and a portion of the Caltrans storm drain. Sediment deposits within the 14 -foot -wide by 5 -foot -high box culvert will be removed by Caltrans using a small, low -height, remotely controlled excavator that is specially designed for such work. The excavator will temporarily stockpile material near the entrance to the culvert. All excavated material will be hauled inland and disposed of immediately at an approved and selected disposal site. A temporary 800 -foot -long gravel roadway will be placed in the culvert drainage ditch and south end of the Semeniuk Slough channel bed to allow an off-highway truck to haul the sediment from the culvert opening to the highway truck loading area. Approximately 1,000 tons of gravel will be imported and placed in a 15 -foot wide, 18 -inch thick roadbed section. All gravel will be removed from the channel bed and hauled away after the culvert cleaning operation is complete. Non-native vegetation will be removed along the east bank of Semeniuk Slough at five locations to provide equipment access. Access points will be selected where non-native plants and non-native vegetation currently exist. The California Coastal Commission determined that a coastal develop permit is not required for this project and issued the City a De Minimis Waiver on March 10, 2016. Pursuant to the Contract Specifications, the contractor will have 180 consecutive calendar days to complete project tasks. Construction management services, including a pre -construction bird -nesting survey would be performed by Noble Consulting, Inc. (Noble), the design consultants. These services are funded under Noble's current contract. To support the City's inspection of the project, inspection services will be contracted with an On -Call contractor. 14-3 Semeniuk Slough Maintenance Project — Award of Construction Contract October 25, 2016 Page 4 ENVIRONMENTAL REVIEW: A Categorical Exemption for this project was filed with the Orange County Clerk on November 16, 2015. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (H) (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. No sensitive biological resources are identified with the project limits. The project will not result in damage to scenic resources. The project will not impact any hazardous waste sites. All excavated sediment will be removed offsite and disposed of in a licensed facility. No listed historical resources are within or nearby the project. No unusual circumstances are identified for the project site. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Caltrans Cooperative Agreement 122-711: State Highway and Protection Program Minor Funds Contribution Attachment C — Budget Amendment 14-4 e o izs zso Feet PIP Cofferdamn Location Additional Excavation by City Contractor as feasible Base Project by City Contractor Box Culvert Excavation by Caltrans Caltrans Area Excavated by City Contrator Semeniuk Slough Award City of Newport Beach GIS Division September 12, 2016 14-5 ATTACHMENT B 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 COOPERATIVE AGREEMENT State SHOPP Minor Funds Contribution This Agreement (AGREEMENT), effective on , 2016, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and City of Newport Beach, a chartered city of the State of California, referred to hereinafter as CITY. RECITALS A. PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per the California Streets and Highways Code sections 114 and 130. B. This Agreement shall have no force or effect until CITY has obtained an encroachment permit from CALTRANS. C. CITY has a separate project underway to dredge Semeniuk Slough in the City of Newport Beach. Semeniuk Slough constitutes part of the drainage system for a CALTRANS culvert that runs along State Route 1 from Superior Avenue to Semeniuk Slough. PARTNERS intend for CITY, on behalf of CALTRANS, to design, permit, and obtain environmental clearances for the dredging of the approximate 200 foot section of said drainage system within the SHS that lies between the outlet end of said culvert and the Semeniuk Slough, and then to dredge said 200 foot section of said drainage system, which undertaking is referred to herein as PROJECT. D. CITY shall implement all improvements in conjunction with the Semeniuk Slough in accordance with Encroachment Permit number 16-0-665 (EP) issued and approved by CALTRANS. All work including but not limited to design, environmental clearances to upgrade and dredge the approximately 200 foot long drainage system within the SHS shall not commence until the EP is obtained by the CITY and any contractors performing the work. E. CITY will follow the CALTRANS encroachment permit process in order to complete the PROJECT. F. CALTRANS will pay CITY the total amount of Five Hundred Thousand Dollars and 00/100 ($500,000.00) from SHOPP Minor Funds required for PROJECT. G. PARTNERS hereby set forth the terms, covenants, and conditions for CALTRANS' contribution toward the PROJECT. Minor Funds Contribution Agreement 20120606 Pagel of 8 14-6 12 -ORA -1-20.8120.9 EA: OP780 Project Number: 1216000014 Agreement 12-711 SCOPE 1. As part of CITY's separate project to dredge Semeniuk Slough, CITY agrees to prepare any necessary additional environmental documentation and coordinate, prepare, obtain, and implement, resource agency permits and process for approval resource agency permit applications, environmental clearances, and construction drawings, specifications and cost estimate for the PROJECT. 2. CITY will specify the work for its contractor in three parts and three corresponding bid items, which work will thereafter be performed by said Contractor as part of this AGREEMENT: a. The dredging of 200 feet of channel to the approximate designed flow line of the CALTRANS box culvert to the end of Semeniuk Slough (depicted as "Area A" in the attached Exhibit A); b. The creation of a stockpile area near the end of the CALTRANS box culvert (depicted as "Area B" in the attached Exhibit A) for the use by the contractor; and c. Removal of material stockpiled by the contractor at the stockpile area. Per the provisions of the specifications, the contractor shall be required: a. To complete the first two above tasks prior to dredging the remaining areas of the slough and b. To remove material from the CALTRANS stockpile area before it exceeds 200 cubic yards for an anticipated period of six (6) to ten (10) weeks, weather permitting. 3. At no cost to CITY, CALTRANS will provide IQA to assure CITY's work is performed within State right of way in accordance with CALTRANS' current policies, procedures, standards, and practices. INVOICE & PAYMENT 4. CITY will invoice CALTRANS for an initial deposit of Three Hundred Thousand Dollars and 00/100 ($300,000.00) to be paid to CITY no later than forty five (45) days after execution of this AGREEMENT. 5. Thereafter, CITY will submit to CALTRANS monthly invoices for the prior month's actual expenditures. 6. After PARTNERS agree that all work for PROJECT is complete, CITY will submit to CALTRANS a final accounting for all costs. Based on the final accounting, the CITY will refund or invoice to CALTRANS as necessary in order to satisfy the financial commitment ofthis AGREEMENT. Minor Funds Contribution Agreement 20120606 Page 2 of 8 14-7 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12-711 7. PARTNERS agree that the total amount of SHOPP Minor funds paid out to CITY will not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00). GENERAL CONDITIONS 8. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 9. CALTRANS and CITY agree that the PROJECT construction contract will be awarded within the same fiscal year in which the SHOPP minor funds are allocated, subject to the provisions of Article 8 hereof 10. At the end of the PROJECT construction contract, CITY shall, at CITY's expense, return the SHS right of way to a safe and operable condition acceptable to CALTRANS. If CITY fails to do so, CALTRANS reserves the right to finish the work or place the PROJECT in a safe and operable condition. CALTRANS shall invoice CITY for all expenses incurred as a result, and CITY agrees to pay said invoice to CALTRANS within forty five (45) days of receipt. 11. Unless agreed to otherwise by CALTRANS under an amendment, CITY shall complete PROJECT. CITY shall, at CITY's expense, return the SHS right of way to its original condition or to a safe and operable condition acceptable to CALTRANS. If CITY fails to complete the PROJECT for any reason, PARTNERS will agree to an amendment to the AGREEMENT to process a refund of the unspent contribution back to CALTRANS. The amount to be refunded will be paid to CALTRANS no later than forty- five (45) days after the execution of the amendment. 12. CITY agrees to provide project management of PROJECT and coordinate the PROJECT with CALTRANS. CALTRANS agrees to attend project management meetings. 13. CITY will review the bid items of the low bidder with CALTRANS. At that time, CALTRANS may adjust the scope of work for those bid items provided there is no increase of costs to CITY. 14. CITY agrees to make a good faith effort to complete all work for the PROJECT within six (6) to ten (10) weeks. PROJECT progress shall be discussed at PROJECT meetings and adjustments will be made as needed to facilitate removal of stockpiled material. 15. CITY will require the contractors working in State right of way to have a CITY business license and pay the licensing fee. 16. CALTRANS shall require its contractor to have appropriate insurance and bonding. The CITY OF NEWPORT BEACH shall be named as additionally insured. Minor Funds Contribution Agreement 20120606 Page 3 of 8 14-8 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 17. CITY will require the PROJECT construction contractors to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications. 18. CITY and CALTRANS will retain all PROJECT related records for three (3) years after the final voucher. 19.1f HM -1 or HM -2 1s found during construction, CITY will immediately notify CALTRANS. 20. CALTRANS, independent of PROJECT, is responsible for any HM -1 found within the existing SHS right of way. CALTRANS will undertake, or cause to be undertaken, HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to PROJECT schedule. CALTRANS will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right of way. 21. CITY, independent of PROJECT, is responsible for any HM -1 found within PROJECT limits and outside the existing SHS right of way. CITY will undertake or cause to be undertaken HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to PROJECT schedule. CITY will pay, or cause to be paid, the cost for HM MANAGEMENT ACTIVITIES related to HM -1 found within PROJECT limits and outside of the existing SHS right of way. 22. I£ HM -2 is found within PROJECT limits, CITY will be responsible for HM MANAGEMENT ACTIVITIES related to HM -2. 23. HM MANAGEMENT ACTIVITIES costs related to HM -2 are PROJECT costs. CALTRANS acknowledges and agrees that if the costs associated with HM MANAGEMENT ACITIVITES related to HM -2 within the existing SHS right of way cause CALTRANS' $500,000.00 contribution to be exceeded, CALTRANS will increase its contribution to cover these additional costs. 24. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT. Minor Funds Contribution Agreement 20120606 Page 4 of 8 14-9 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 25. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY , its contractors, sub- contractors, and/or its agents under this AGREEMENT. 26. If the work performed on this PROJECT is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771, CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's prevailing wage requirements. CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this AGREEMENT when the work to be performed by the subcontractor is "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts. 27. This AGREEMENT is intended to be PARTNERS' final expression and supersedes all prior oral understanding pertaining to PROJECT. 28. Unless otherwise documented in a maintenance agreement, CALTRANS will maintain all PROJECT improvements. 29. This AGREEMENT will terminate upon CALTRANS' acceptance of the PROJECT. However, all indemnification and maintenance articles of this AGREEMENT will remain in effect until terminated or modified in writing by mutual agreement. Minor Funds Contribution Agreement 20120606 Page 5 of 8 14-10 12 -ORA -1-20.8120.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 DEFINITIONS IQA (Independent Quality Assurance) - CALTRANS' efforts to ensure that another PARTNER'S quality assurance activities are in accordance with the applicable standards and the PROJECT's Quality Management Plan (QMP). When CALTRANS performs IQA it does not develop, produce, validate, verify, re -check, or quality control another PARTNER'S work products. HM -1 - Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. HM -2 - Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only ifdisturbedby PROJECT. HM MANAGEMENT ACTIVITIES - Management activities related to either HM -1 or HM -2 including, without limitation, any necessary manifest requirements and disposal facility designations. PARTNERS - The term that collectively references all of the signatory agencies to this AGREEMENT. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER's individual actions legally bind the other parties. SHS -State Highway System Minor Funds Contribution Agreement 20120606 Page 6 of 8 14-11 12 -ORA -1-20.8/20.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTNER to this AGREEMENT. PARTNERS will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT. The primary AGREEMENT contact person for CALTRANS is: Bob Bazargan, Project Manager 3347 Michelson Drive Irvine, CA 92612 Office Phone: (949) 724-2100 Email: bob.bazargan@dot.ca.gov The primary Agreement contact person for CITY OF NEWPORT BEACH is: Dave Webb, Public Works Director PO BOX 1768 Newport Beach, CA 92658 Office Phone: (949) 644-3100 Fax Number: (949) 644-3308 Email: dawebb@newportbeachca.gov Minor Funds Contribution Agreement 2012_06_06 Page 7 of 8 14-12 12 -ORA -1-20.8120.9 EA: OP780 Project Number: 1216000014 Agreement 12 - 711 SIGNATURES PARTNERS declare that: 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this AGREEMENT. 3. The people signing this AGREEMENT have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Adnan Maiah Deputy District Director Capital Outlay Program CERTIFIED AS TO FUNDS: By: Neda Saber District Budget Manager Attachments: ExhibitA—SiteDepiction Minor Funds Contribution Agreement CITY OF NEWPORT BEACH Diane B. Dixon Mayor ATTEST: IIn Leilani I. Brown City Cleric APPROVED AS TO FORM AND PRO By:CEDU (4,) Aaron C. Harp U .m , o 1 %311 cp City Attorney Page 8 of 8 14-13 12 -ORA -1-20.8120.9 EA: OP780 Project Number: 1216000014 Agreement 12-711 EXHIBIT A SITE DEPICTION A x - rea A } k 0 ..4 e y. Area B Minor Funds Contribution Agrcenient Page A -I 14-14 ATTACHMENT C City of Newport Beach BUDGET AMENDMENT 2016-17 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations 100 Transfer Budget Appropriations SOURCE: Number 980000 Org from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 17BA-015 AMOUNT:1 $682,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations to record a $500,000 contribution from Caltrans for the Semeniuk Slough Dredging project and also appropriate $182,000 from Tidelands Fund Balance for the same project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Object 100 300000 REVENUE ESTIMATES Number 980000 Org Object 13501 431095 Project String EXPENDITURE APPROPRIATIONS Description Tidelands - Fund Balance Amount Debit Credit $182,000.00 Proiect Description 15X17 Contributions Fund/Caltrans Contribution/ $500,000.00 Semeniuk Slough Dredging F -15X17 -STATE -135 -CONTRIB Signed City Council Approval: City Clerk Date 14-15 Description Org Number 13501 Contributions Fund CIP Object Number 980000 CIP Expenditures Project Number 15X17 Semeniuk Slough Dredging $500,000.00 Project String E -15X17 -CONSTRUCT-135 -UNASSIGNED Org Number 10001 Tide & Submerged Land CIP Object Number 980000 CIP Expenditures Project Number 15X17 Semeniuk Slough Dredging $182,000.00 Project String E -15X17 -CONSTRUCT-100 -UNASSIGNED Automatic System Entry. Signed: lG-1%�l kj Financial Approval:Fina e Direct r Date Signed: Administrative Approval: City Manan er Date Signed City Council Approval: City Clerk Date 14-15