Loading...
HomeMy WebLinkAbout06 - Grant Howald Park Rehabilitation — AwardQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report July 14, 2020 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Tom Sandefur, Assistant City Engineer, tsandefur@newportbeachca.gov PHONE: 949-644-3321 TITLE: Grant Howald Park Rehabilitation — Award of Contract No. 7476-2 (19P11) Staff received construction bids for the Grant Howald Park Rehabilitation project and seeks City Council approval to award the construction contract to Environmental Construction, Inc. of Woodland Hills, California; process required payments to Southern California Edison (SCE) for utility undergrounding; and process an amendment to an existing professional services agreement with RJM Design Group, Inc. RECOMMENDATION: a) Approve the project drawings and specifications; b) Declare the bid packages submitted by RAL Investment Corporation of San Diego as non-responsive; c) Award Contract No. 7476-2 to Environmental Construction, Inc. (ECI) for the total bid price of $4,543,686, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $475,000 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract; e) Authorize the City Manager to approve payments to Southern California Edison (SCE) and AT&T in the amount of approximately $750,000 for project design services, equipment and installation necessary to underground the existing above -ground facilities related to the project; and f) Approve Amendment No. 1 to the current Professional Services Agreement with RJM Design Group, Inc. to add $73,160 to the contract for a total not -to -exceed fee of $354,950, for additional design services and authorize the Mayor and City Clerk to execute the Agreement. 6-1 Grant Howald Park Rehabilitation — Award of Contract No. 7476-2 (19P11) July 14, 2020 Page 2 FUNDING REQUIREMENTS: The current adopted CIP budget includes sufficient funding within the Grant Howald Park Rehabilitation project for the award of these contracts. Project funding will be expensed to the Grant Howald Park Rehabilitation Project in the Adopted FY2020-21 CIP Budget Account No. 56201-980000-19P11. Funding for the project is in the Facilities Financing Plan (FFP), primarily from developer fees restricted for park improvements. Proposed project funding uses are as follows: Vendor Purpose contract for Landscape Amount ECI Construction Contract $ 4,543,686 ECI Construction Contingency $ 475,000 RJM Design Group, Inc. Design & Construction Support $ 73,160 GMU Geotechnical, Inc. Testing/Inspecting/Geotech $ 50,000 SCE & AT&T* Utility Undergrounding $ *750,000 Design/Equipment/Installation Various Incidentals & Community Outreach $ 60,154 Total: $ 5,952,000 *AT&T final cost is yet to be determined. BACKGROUND: Grant Howald Park (Park) is a 3.1 -acre recreation site developed in 1954 by the Youth Center Board of Directors and conveyed to the City of Newport Beach in 1972. The Park is generally bounded by Goldenrod Avenue, Fifth Avenue, Marguerite Avenue and Harbor View Elementary School. The Park includes a community building with two playgrounds (also known as the Community Youth Center or CYC), two tennis courts, a lighted sports field, a basketball court and other related facilities. On September 11, 2018, City Council awarded a design contract for Landscape Architecture and Civil Engineering Services to RJM Design Group, Inc. (RJM). With assistance from City staff, the community, and the Parks, Beaches and Recreation (PB&R) Commission ad hoc committee, RJM developed a conceptual design that enhances the Park's usability, while maintaining the Corona Del Mar neighborhood's charm. On March 5, 2019, the PB&R Commission approved the Park conceptual design and City Council accepted the design on May 14, 2019. DISCUSSION: The Grant Howald Park Rehabilitation Project is included within the Facilities Financing Plan. The approved conceptual design replaces the existing children's play areas with new play equipment, surfacing, shade structures and seating. 6-2 Grant Howald Park Rehabilitation — Award of Contract No 7476-2 (19P11) July 14, 2020 Page 3 The existing sports field in the park will be improved by removing the existing grass turf and installing a synthetic turf field, new shaded team and picnic areas, updating the restroom building, replacing the fencing, and converting the field lights to LED. The portion of the park that borders Fifth Avenue will have the trees and landscaping replaced, the retaining walls reconstructed, and a new sidewalk installed. Additionally, the utility lines along this stretch will be placed underground and the poles removed. On June 12, 2020, at 10 a.m. the City Clerk opened and read the following electronic bids for this project: *Non -Responsive Bid A review of the bid package submitted by RAL Investment Corporation (RAL), the apparent low bidder, revealed that the bidder failed to fulfill the City's certification requirement, therefore RAL's bid is non-responsive. On June 22, 2020, a letter was sent to RAL informing them of staff's determination (Attachment B) and staff now recommends award of this construction contract to the second low bidder - ECI. The bid submitted by ECI is below the original Engineer's Estimate of $6,420,000, which inadvertently included work to be paid separately to Southern California Edison and AT&T for the undergrounding cables and equipment. Removing the estimated cost of that SCE and AT&T work from the Engineer's Estimate results in a Modified Engineer's Estimate of $5,670,000. The recommended bid is 20 percent below this Modified Engineer's Estimate. The major components of the savings in the low bid versus the Modified Engineer's Estimate were earthwork/grading, synthetic turf field, and site furnishings. These lower numbers reflect an increasingly competitive bid environment and were consistent across all the lowest bidders. ECI possesses a California General Engineering "A" Contractors License, as required by the project specifications, and they have completed similar projects for other local agencies. A review of the submitted bid package documents determined that ECI provided a responsive bid. 6-3 BIDDER TOTAL BID AMOUNT Low* RAL Investment Corporation $ 4,244,941.00 2 Environmental Construction, Inc. $ 4,543,686.00 3 Act 1 Construction, Inc. $ 4,980,663.28 4 Los Angeles Engineering, Inc. $ 5,121,000.00 5 PCN3, Inc. $ 5,183,558.00 6 Spectrum Construction Group, Inc. $ 5,446,500.00 7 C.S. Legacy Construction, Inc. $ 5,828,165.00 8 Wier Construction Corporation $ 5,837,177.60 9 Byrom -Davey Inc. $ 5,927,027.00 10 OHNO Construction Company $ 5,948,000.00 11 Caliba Inc. $ 6,321,000.00 12 KASA Construction, Inc. $ 6,574,700.00 *Non -Responsive Bid A review of the bid package submitted by RAL Investment Corporation (RAL), the apparent low bidder, revealed that the bidder failed to fulfill the City's certification requirement, therefore RAL's bid is non-responsive. On June 22, 2020, a letter was sent to RAL informing them of staff's determination (Attachment B) and staff now recommends award of this construction contract to the second low bidder - ECI. The bid submitted by ECI is below the original Engineer's Estimate of $6,420,000, which inadvertently included work to be paid separately to Southern California Edison and AT&T for the undergrounding cables and equipment. Removing the estimated cost of that SCE and AT&T work from the Engineer's Estimate results in a Modified Engineer's Estimate of $5,670,000. The recommended bid is 20 percent below this Modified Engineer's Estimate. The major components of the savings in the low bid versus the Modified Engineer's Estimate were earthwork/grading, synthetic turf field, and site furnishings. These lower numbers reflect an increasingly competitive bid environment and were consistent across all the lowest bidders. ECI possesses a California General Engineering "A" Contractors License, as required by the project specifications, and they have completed similar projects for other local agencies. A review of the submitted bid package documents determined that ECI provided a responsive bid. 6-3 Grant Howald Park Rehabilitation — Award of Contract No 7476-2 (19P11) July 14, 2020 Page 4 Pursuant to the project specifications, ECI is allotted 130 consecutive working days to complete the work. Liquidated damages in the amount of $2,500 per working day will be assessed in case of tardy completion. The Park will temporarily close in Fall 2020 for the duration of the project construction. The CYC, and its programs, will remain operational during construction, unless deemed unsafe. UTILITIES UNDERGROUNDING On May 14, 2019, City Council approved the conceptual Park design including the option to underground the above -ground facilities along the Fifth Avenue and Goldenrod Avenue frontages. Staff worked with RJM, SCE and AT&T and developed an undergrounding plan that accommodates the City's planned sidewalk along Fifth Avenue. RJM DESIGN GROUP, INC. AMENDMENT NO. 1 As part of the design process and public input, design elements were added in order to best integrate the proposed park design into the existing park footprint. A few of the services that were added to RJM's scope include, but were not limited to: • Retaining wall design and detailing for the SCE equipment necessary for a successful undergrounding of the existing above -ground facilities • Redesign of the existing parking lot, east of the tennis courts, to minimize the gradients at parking stalls, provide ADA access across the new drive apron, • resurfacing and restriping the entire parking lot and revising the access ramp to the restroom on the north side of the tennis courts • Revision of the grading plan to expand the footprint of the tot lot area and allow for a `Global Motion' play apparatus • Development of artwork for the seat wall in the 2 to 5 -year old area that will also serve as a seek and find activity for the children • Design and detail of a new shade structure at the team staging area with security lighting • Design and development of custom playground elements to include an educational component • Developing plans and details for the restoration of the existing arbor members at the restroom building rem Grant Howald Park Rehabilitation — Award of Contract No 7476-2 (19P11) July 14, 2020 Page 5 Staff requests that City Council authorize the City Manager to approve payments to Southern California Edison (SCE) and AT&T for project design services, equipment and installation necessary in order to underground the existing above -ground utilities related to the project. The estimated cost of these improvements is $750,000. Staff requests approval for Amendment No. 1 to the current Professional Services Agreement with RJM Design Group, Inc. increasing the not -to -exceed fee amount from $281,790 to $354,950 (Attachment C). RJM's existing contract also provides for construction support in the form of responses to Requests for Information, change order review, and submittal reviews. The project drawings and specifications are available upon request. VARIOUS OTHER COSTS Other items that will be expensed to the project will include printing costs for plans and specifications, community outreach mailings for project updates, geotechnical observation and testing, and miscellaneous incidentals costs. These items will be expensed to the relevant on-call contracts and purchase agreements. ENVIRONMENTAL REVIEW: On May 14, 2019, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301—Class 1 (Existing Facilities) and Section 15302—Class 2 (Replacement or Reconstruction) of CEQA Guidelines, because this project involves the maintenance of existing facilities and will be reconstructing existing facilities on the same site as the facility replaced. The project will have substantially the same purpose as the facility replaced. 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 — RAL Non-responsive bid letter dated June 22, 2020 Attachment C — RJM Amendment No. 1 6-5 Q C 17TI )TH S CITY OF COSTA MESA PROJECT LOCATIONS Attachment A JOHN WAYNE AIRPORT PgC//C-/C CCF -4/V VICINITY MAP NOT TO SCALE GRANT HOWALD PARK REHABILITATION PROJECT LOCATION MAP - O�p CITY OF IRVINE P� UNIVERSITY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7476-2 1 7/14/20 6-6 ATTACHMENT B CITY OF NFINPOPT 131FAft,. 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/publicworl<s June 22, 2020 Via Certified Mail (Return Receipt Requested) Via E -Mail alec@teamraL com RAL Investment Corporation Attm Alex Lopez, CFO & Ricardo Lopez, President 10065 Old Grove Rd., Suite 200 San Diego, CA 92131 Subject: Determination of Non -Responsiveness of Contractor's Bid, Grant Howald Park Rehabilitation Project C-7476-2 Dear Mr. Lopez, The City of Newport Beach ("City") received the bid submitted by RAL Investment Corporation ("Contractor") on June 12, 2020, in response to the City's bid package (Attachment 1) and corresponding Addendum No. 1 (Attachment 2) for the Grant Howald Park Rehabilitation Project C-7476-2 ("Project"). As stated in the City's Notice Inviting Bids, Instructions to Bidders, page 3, paragraph 1, all bidders are required to submit a number of documents, including but not limited to: • All Addenda to Plans and Specifications issued by the Agency prior to Bid Opening Date; • Non -Collusion Affidavit; • Designation of Sureties; and • Proposal Acknowledgement. Additionally, as stated on the signature page of Addendum No. 1 issued for the Project, all bidders must sign Addendum No. 1 and attach it to the bid proposal, otherwise a bid "may be deemed unresponsive." In submitting its bid response, Contractor's bid did not include the following documents: • Information regarding the specialty subcontractors specified in Addendum No. 1; • Signed Addendum No. 1; • Non -Collusion Affidavit; • Designation of Sureties; and • Proposal Acknowledgement. As stated on the City's Notice Inviting Bids for the Project, Instructions to Bidders, page 4, paragraph 6, the City reserves the right to reject any bid and to waive any minor, immaterial irregularity or informality in such bids. The City has not determined that the defects in Contractor's bid are immaterial. Similarly, the City has not determined to waive the defects in Contractor's bid. If a bid defect is material, the City must reject the bid.' Contractor's bid, as evident from the face of the bid, without outside investigation or information, does not literally comply with, and deviates from, the bid requirements because it fails to include the required submittals identified above. These defects could have affected the amount of the bid, given Contractor an advantage or benefit not allowed to other bidders, or affect the ability of the City to make bid comparisons.2 For this reason, you are hereby notified that Contractor's bid for the Project is nonresponsive. If you have any questions or comments, or wish to provide evidence to refute the determination, please contact me at 949-644-3321 or tsandefur(aD-newportbeachca.gov. Sincerely, Tom Sandefur Assistant City Engineer Cc: Jim Houlihan, Deputy Public Works Director/City Engineer Aaron Harp, City Attorney Attachments: 1) Bid Package 2) Addendum No. 1 See, e.g., ,ti1('Al Construction, lnc. r. (VIY u10('olinlY ofStin Francisco (1908) 66 Cal. App. 4th )59.373-77. Sce, Desill'a Gales ('onslr. r. Depurlmew of 7runsp. (20 15) 2421 Cal. App. 4th 1409, 1423). Konica Business .1/crchs. (.'.,S'., I., lnc. r. Regcnl.sof Univ. otCal. (1988) 206 Cal. App. 3d 449. =456-37. .: ATTACHMENT C AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR GRANT HOWALD PARK REHABILITATION DESIGN THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 14th day of July, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RJM DESIGN GROUP, INC., a California corporation ("Consultant"), whose address is 31591 Camino Capistrano, San Juan Capistrano, California 92675, and is made with reference to the following: RECITALS A. On September 11, 2018, City and Consultant entered into a Professional Services Agreement ("Agreement") for Consultant to provide design services related to the Grant Howald Park rehabilitation project ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows. - 1 . ollows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be replaced in its entirety with the Exhibit B attached hereto and incorporated herein by reference ("Services" or "Work"). Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Twenty Nine Thousand Three Hundred Thirty Dollars and 001100 ($329,330.00), without prior written authorization from City. The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, HOR including all reimbursable items and subconsultant fees, in an amount not to exceed Seventy Three Thousand One Hundred Sixty Dollars and 001100 ($73,160.00). Additionally, the City has allocated a contingency amount of Twenty Five Thousand Six Hundred Twenty Dollars and 001100 ($25,620.00) for unexpected costs, for a total not to exceed amount of Three Hundred Fifty Four Thousand Nine Hundred Fifty Dollars and 001100 ($354,950.00). No portion of the contingency shall be expended without prior written approval of City's Project Administrator. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RJM Design Group, Inc. Page 2 6-10 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1p %-o By: Aar C. Harp �•3o•La City Attorney ATTEST: Date: is Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: RJM Design Group, Inc., a California corporation Date: By: Larry P. Ryan Vice President Date: Anita M. Weaver Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates RJM Design Group, Inc. Page 3 6-11 EXHIBIT A SCOPE OF SERVICES Consultant shall perform the following additional Services: 1. Provide new interior and exterior LED lighting, and interior paint at existing restroom building. 2. Design and detail new shade structure at team staging area with security lighting, east of existing restroom. 3. Redesign and detail existing parking lot, east of tennis courts, to minimize gradients at parking stalls and drive aisle, comply with Americans with Disabilities Act of 1990 ("ADA") access across new drive apron, resurface and restripe parking lot, and provide new lot security lighting due to the eliminate of the adjacent Musco light pole. Revise access ramp to restrooms and provide resurface and restripe of parking lot with modified ADA parking stalls, north of tennis courts. 4. Expand footprint of existing tot lot area to the east, to allow for 'Global Motion' play apparatus. Requires revised grading plan with new cut/fill calculations and expanded limits of grading to toe of slope. 5. Develop artwork for seat wall in 2-5 year old play area. This work included the design participation of an independent artist to develop the artwork discussed for this elevation. Note: review of submittals, shop drawings, etc. shall be performed hourly during the construction administration phase. 6. Prepare CAD base files for Southern California Edison's ("SCE") use for proposed utility undergrounding. The base file is prepared utilizing existing digital site survey and city provided as-builts to draft pertinent underground infrastructure for SCE. 7. Provide retaining wall design and detail at proposed SCE transformer location. Provide plan coordination with SCE and AT&T regarding the location and impacts on adjacent improvements to accommodate the proposed SCE transformer. 8. Revise construction, grading, planting, irrigation and electrical plans and bid quantities to accommodate expanded SCE transformer enclosure. 9. Prepare site plan options for ballot box. 10. Remove and replace select arbor members at existing arbor on northern and southern side of restroom. Provide plans and details noting restoration of existing arbor members. 11. Provide water line and drinking fountain along 5th Avenue +1- 300' south of tot lot limits. Add base image to all base plans to indicate such. RJM Design Group, Inc. Page A-1 6-12 12. Design and development of custom 'Octopus' tot lot element, 'Kelp Forest' panel in 2 - 5 year old tot lot area and 'Tide Pool' panel for the 5 - 12 year old tot lot area. 13. Provide irrigation design at northwestern and southeastern planter areas at existing tennis courts. Reference such improvements as optional items for contractor bid - pending City review and potential inclusion of such in scope of work to be provided for by contractor. 14. Provision of bollards at and around the tot lot walkways. RJM Design Group, Inc. Page A-2 6-13 EXHIBIT B SCHEDULE OF BILLING RATES Design Services (Phases 1- 6): $224,870.00 Optional Service No. 1 (Phase 7): $21,300.00 Reimbursable: $10,000.00 Amendment No. One $73,160.00 TOTAL: Contingency: TOTAL NOT -TO -EXCEED: RJM DESIGN GROUP, INC. PRINCIPAL LANDSCAPE ARCHITECT ASSOCIATE LANDSCAPE ARCHITECT LANDSCAPE ARCHITECT/ PROJECT MANAGER JOB CAPTAIN / LANDSCAPE DESIGNER CADD TECHNICIAN GRAPHICS CLERICAL $329,330.00 $25,620.00 $354,950.00 Hourly Rates: $165.00 - $185.00 per hour $145.00 - $155.00 per hour $130.00 - $140.00 per hour $115.00 - $125.00 per hour $100.00 - $110.00 per hour $ 90.00 per hour $ 75.00 per hour Relmbursables and subconsultant charges shall be at cost plus 10%. RJM Design Group, Inc. Page B-1 6-14