HomeMy WebLinkAbout07 - Newport Blvd Landscape (Industrial Way to Pacific Coast Highway) and West Coast Hwy Landscaping (West City Limits to Highland St.) - Award of Contract No. 9226-1 (23L01)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
January 9, 2024
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Patrick Arciniega, Senior Civil Engineer - 949-644-3347,
parciniega@newportbeachca.gov
TITLE: Newport Boulevard Landscape Improvements (Industrial Way to
Pacific Coast Highway) and West Coast Highway Landscaping
Improvements (West City Limits to Highland St.) — Award of Contract
No. 9226-1 (231_01)
ABSTRACT:
Staff has received construction bids for the Newport Boulevard Landscape Improvements
and West Coast Highway Landscaping Improvements project and requests City Council
approval to award the construction contract to Marina Landscape Inc. The project
includes installing irrigation in the Newport Boulevard median from Industrial Way to
Hospital Road and improving the landscaping in the median from Industrial Way to West
Coast Highway and the slopes from Industrial Way to Hospital Road. Also included is the
irrigation and landscaping of the north side of West Coast Highway from the Santa Ana
River to Highland Street.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (h) (maintenance of existing landscaping) of the CEQA
Guidelines, because this project has no potential to have a significant effect on the
environment;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 24-040 transferring project savings from General
Fund CIP and Neighborhood Enhancement unappropriated fund balance and
appropriating $14,930 in increased expenditures in Account No. 01201927-980000-
24L01 and $249,730 in increased expenditures in Account No. 53601-980000-23L01;
d) Award Contract No. 9226-1 to Marina Landscape Inc. for the base bid price of
$574,298.52 (West Coast Highway and Newport medians) plus additive Newport Blvd
West Slope for $224,504.45 and additive Newport Blvd East Slope for $227,317.99,
for a total price of $1,026,120.96, and authorize the Mayor and City Clerk to execute
the contract;
7-1
Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway)
& West Coast Highway Landscaping Improvements (West City Limits to Highland St.)
January 9, 2024
Page 2
e) Establish a contingency of $50,000 (approximately 5% of total bid) to cover the cost
of unforeseen work not included in the original contract; and
f) Approve Landscape Maintenance Agreement with Caltrans for Newport Boulevard
and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The City of Newport Beach wishes to improve the appearance of the existing median and
slope landscape on Newport Boulevard as it serves as a main entrance to the City. This
project shall mimic, in general, the recent median design for West Pacific Coast Highway
(PCH) medians and the Dover Drive medians installed several years ago. The adjacent
parkway slopes are included as additive items in this bid, which staff is recommending to
complete at the same time. The parkway slope improvements will enhance the visual
appearance, but retain a majority of the ice plant, trees, and shrubs and will be
supplemented with other compatible material to create a strong and cohesive
appearance. The median enhancements will include grubbing and clearing of all the
understory shrub plantings, while retaining the existing Mediterranean Fan and Windmill
Palms.
This project also includes the parkway area on the westbound side of PCH along the
mobile home park frontage at the far west end of the City. Proposed improvements will
complement the landscaping on the south side of PCH. The plant palette will be a colorful
mix of shrubs and low ground cover such as: bougainvillea, natal plum, aloes, agave,
coral trees, and fan palms.
Caltrans has issued encroachment permit 12-23-N-CS-0566 for the work on West Coast
Highway and encroachment permit 12-23-N-LM-0567 for the work on Newport Boulevard.
At 10 a.m. on December 12, 2023, the City Clerk opened and read the following bids for
this project:
BIDDER
Low Marina Landscape Inc.
2nd Seed Landcare
3rd Mariposa Landscapes, Inc.
4th KASA Construction, Inc.
5th Environmental Construction, Inc
TOTAL BID AMOUNT
$1,026,120.96
$1,201,644.33
$1,453,101.97
$1,469,997.30
$1,928,369.40
The apparent low bidder for this project, Marina Landscape Inc., submitted a bid
approximately 3.1 % more than the Engineer's Estimate of $995,000. Marina Landscape
Inc. submitted all the necessary forms and possesses Classification "A" and
"C-27" Licenses as required by the project specifications. A check of the contractor's
references indicates satisfactory completion of similar projects for other public agencies.
7-2
Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway)
& West Coast Highway Landscaping Improvements (West City Limits to Highland St.)
January 9, 2024
Page 3
Work necessary to complete this contract consists of median landscape and irrigation
work in Newport Boulevard and landscape and irrigation work in the setback area of West
Coast Highway. Marina Landscape Inc. will have 90 consecutive working days to
complete the work once given the notice to proceed. Initial work is expected to begin in
early 2024.
Project plans and specifications will be available for review at the January 9, 2024 City
Council meeting or upon request.
FISCAL IMPACT:
With the approval of the attached Budget Amendment, sufficient funding will be available
and expensed to the following accounts in the Capital Improvement budget. Project
savings from the Balboa Boulevard Median Improvement (19R11) and Slope Erosion
Control (17M12) projects are included in this funding. After project savings, the General
Fund CIP has approximately $5.8 million in reserves and the Neighborhood Enhancement
Fund has approximately $1.7 million in reserves.
Account Description
General Fund — CIP
Neighborhood Enhancement
Account Number
01201927-980000-241-01
53601-980000-231-01
Total:
Proposed fund uses are as follows:
Vendor
Marina Landscape Inc
Marina Landscape Inc
Various
Amount
$ 379,065.46
$ 698,055.50
$ 1,077,120.96
Purpose Amount
Construction Contract $ 1,026,120.96
Construction Contingency $ 50,000.00
Incidentals, Printing $ 1,000.00
Total: $ 1,077,120.96
Staff recommends establishing $50,000 (approximately 5% of total bid) for contingency
purposes and unforeseen conditions associated with construction.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (h) (maintenance of
existing landscaping) 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.
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).
7-3
Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway)
& West Coast Highway Landscaping Improvements (West City Limits to Highland St.)
January 9, 2024
Page 4
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Budget Amendment
Attachment C — Landscape Maintenance Agreement with Caltrans
7-4
ATTACHMENT A
LIMITS OF WORK
NEWPORT BOULEVARD & WEST COAST
HIGHWAY LANDSCAPING IMPROVEMENTS
LOCATION MAP
J
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-9226-11 231-01 1 1 /9/2024
7-5
FP°�T ATTACHMENT B
City of Newport Beach
i BUDGET AMENDMENT
T
2023-24 BA#: 24-040
Department: Public Works
ONETIME: ❑ ves ❑ No
Requestor: Theresa Schweitzer
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: � Date 1'2-114 2—
El COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To appropriate funding to the Newport Boulevard Landscape Improvements Project (Industrial Way to Pacific Coast ❑ from existing budget appropriations
Highway) & West Coast Highway Landscaping Improvements (West City Limits to Highland St) from unappropriated fund ❑ from additional estimated revenues
balance of the General Fund CIP Fund as well as the Neighborhood Enhancement Fund. 0 from unappropriated fund balance
REVENUES
Fund #
Org
Object
Project
Description
Increase or (Decrease)
Subtotal
$
EXPENDITURES
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
012
01201927
980000
241-01
STREET - CIP EXPENDITURES FOR GL
14,930.00
536
53601
980000
23L01
NEIGHBORHOOD ENHANCEMENT - CIP EXPENDITURES FOR C
249,729.71
Subtotal
$ 264,659.71
FUND BALANCE
Fund #
Object
Description
increase or (Decrease) $
012
300000
GENERAL FUND
CAPITAL PROJECTS
- FUND BALANCE CONTROL
(14,930.00)
536
300000
NEIGHBORHOOD ENHANCEMENT
- FUND BALANCE CONTROL
(249,729.71)
Subtotal
$ (264,659.71)
Fund Balance Change Required
7-6
ATTACHMENT C 7/17/2023
ORA-30-xxxxxx
J
LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF NEWPORT BEACH
THIS AGREEMENT is made effective this day of , 2023, by and
between the State of California, acting by and through the Department of
Transportation, hereinafter referred to as "STATE," and the CITY of Newport Beach,
hereinafter referred to as "CITY," and individually referred to as "PARTY" and collectively
referred to as "PARTIES".
1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of
CITY for newly constructed or revised improvements within STATE's right of way by
Permit Number 23-0566.
2. This Agreement addresses CITY responsibility which can include but is not limited
to planting, irrigation systems, mulches, litter, and weed removal (collectively the
"LANDSCAPING") placed within State Highway right of way on State Route 55, as
shown on Exhibit A, attached to and made a part of this Agreement.
3. Maintenance responsibilities that includes, but is not limited to, inspection,
providing emergency repair, replacement, and maintenance, (collectively
hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said
Exhibit "A."
4. The degree or extent of maintenance work to be performed, and the standards,
therefore, shall be in accordance with the provisions of Section 27 of the Streets
and Highways Code and the then current edition of the State Maintenance
Manual.
5. When a planned future improvement is constructed and/or a minor revision has
been effected with STATE's consent or initiation within the limits of the STATE's right
of way herein described which affects PARTIES' division of maintenance
responsibility as described herein, PARTIES will agree upon and execute a new
dated and revised Exhibit "A" which will be made a part hereof and will thereafter
supersede the attached original Exhibit "A" to thereafter become a part of this
Agreement.
5.1.The new exhibit can be executed only upon written consent of the PARTIES
hereto acting by and through their authorized representatives. No formal
amendment to this Agreement will be required.
6. CITY agrees, at CITY expense, to do the following:
6.1. CITY may install, or contract, authorizing a licensed contractor with
appropriate class of license in the State of California, to install and thereafter
7-7
7/17/2023
ORA-30-xxxxxx
will MAINTAIN LANDSCAPING conforming to those plans and specifications
(PS&E) pre -approved by STATE.
6.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by
a licensed landscape architect, for LANDSCAPING to STATE's District Permit
Engineer for review and approval and will obtain and have in place a valid
necessary encroachment permit prior to the start of any work within STATE'S
right of way. All proposed LANDSCAPING must meet STATE's applicable
standards.
6.2.1. CITY contractors will be required to obtain an Encroachment Permit prior
to the start of any work within STATE's right of way.
6.2.2. An Encroachment Permit rider may be required for any changes to the
scope of work allowed by this Agreement prior to the start of any work
within STATE's right of way.
6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are
provided with adequate scheduled routine MAINTENANCE necessary to
MAINTAIN a neat and attractive appearance including providing for water,
and fertilizer necessary to sustain healthy plant growth during the entire life of
this Agreement.
6.3.1.To prune shrubs, tree plantings, and trees to control extraneous growth
and ensure STATE standard lines of sight to signs and corner sight
distances are always maintained for the safety of the public.
6.3.2. To replace unhealthy or dead plantings when observed or within 30 days
when notified in writing by STATE that plant replacement is required.
6.3.3.To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly.
6.4.To furnish electricity for irrigation system controls, and lighting system controls
for all street lighting systems installed by CITY.
6.5.To MAINTAIN, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway, spraying parked
and moving automobiles, spraying pedestrians on public sidewalks/bike
paths, or leaving surface water that becomes a hazard to vehicular or
pedestrian/bicyclist travel.
6.6. To control weeds at a level acceptable to the STATE. Any weed control
performed by chemical weed sprays (herbicides) shall comply with all laws,
2
M,
7/17/2023
ORA-30-xxxxxx
rules, and regulations established by the California Department of Food and
Agriculture. All chemical spray operations shall be reported quarterly (Form
LA17) to the STATE to: District 12 Maintenance at:
Department of Transportation
District 12, Maintenance
Maintenance Manager
1750 East Fourth Street, Suite 100
Santa Ana, CA 92705
6.7. CITY shall ensure LANDSCAPING within the Agreement limits provide an
acceptable walking and riding surface, and will provide for the repair and
removal of dirt, debris, graffiti, weeds, and any deleterious item or material on
or about the LANDSCAPING in an expeditious manner.
6.8.To MAINTAIN all parking or use restrictions signs encompassed within the area
of the LANDSCAPING.
6.9.To remove LANDSCAPING and appurtenances and restore STATE owned
areas to a safe and attractive condition acceptable to STATE in the event this
Agreement is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory conditions that
require correction by the CITY. However, the non -receipt of notice does not
excuse CITY from maintenance responsibilities assumed under this Agreement.
8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to
them.
9. LEGAL RELATIONS AND RESPONSIBILITIES:
9.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not party to this Agreement, or affect the
legal liability of either PARTY to this Agreement by imposing any standard of
care respecting the design, construction or maintenance of these STATE
highway improvements or CITY facilities different from the standard of care
imposed by law.
9.2.If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING _to the satisfaction of STATE as provided by this Agreement,
STATE may either undertake to perform that MAINTENANCE on behalf of CITY
at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at
CITY's sole expense and restore STATE's right of way to its prior or a safe
operable condition. CITY hereby agrees to pay said STATE expenses, within
3
7-9
7/17/2023
ORA-30-xxxxxx
thirty (30) days of receipt of billing by STATE. However, prior to STATE
performing any MAINTENANCE or removing LANDSCAPING, STATE will provide
written notice to CITY to cure the default and CITY will have thirty (30) days
within which to affect that cure.
9.3. 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 STATE under or in connection with any work, authority or jurisdiction
arising under this Agreement. It is understood and agreed that STATE shall fully
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, including, but not limited to, tortious, contractual, inverse
condemnation and other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this Agreement with
the exception of those actions of STATE necessary to cure a noticed default
on the part of CITY.
9.4. Neither STATE 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 under or in connection with any work, authority or jurisdiction
arising under this Agreement. It is understood and agreed that CITY shall fully
defend, indemnify and save harmless STATE and all of its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortious, contractual, inverse
condemnation or other theories or assertions of liability occurring by reason of
anything done or omitted to be done by CITY under this Agreement.
9.5. PREVAILING WAGES:
9.5.1. Labor Code Compliance- If the work performed under this Agreement is
done under contract and falls within the Labor Code section 1720(a)(1)
definition of a "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 works. Work performed by CITY's own forces is exempt from the
Labor Code's Prevailing Wage requirements.
9.5.2. Requirements in Subcontracts - CITY shall require its contractors to include
prevailing wage requirements in all subcontracts when the work to be
performed by the subcontractor under this Agreement is a "public works"
4
7-10
7/17/2023
ORA-30-xxxxxx
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's contracts.
9.6. SELF -INSURED - CITY is self -insured. CITY agrees to deliver evidence of self -
insured coverage providing general liability insurance, coverage of bodily
injury liability and property damage liability, naming STATE, its officers, agents
and employees as the additional insured in an amount of $1 million per
occurrence and $2 million in aggregate and $5 million in excess. Coverage
shall be evidenced by a certification of self-insurance letter ("Letter of Self -
Insurance"), satisfactory to STATE, certifying that CITY meets the coverage
requirements of this section. This Letter of Self -Insurance shall also identify the
location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self -
Insurance with a signed copy of this AGREEMENT. A copy of the executed
Letter of Self -Insurance shall be attached hereto and incorporate as Exhibit
B.
9.7. SELF -INSURED using Contractor - If the work performed under this
AGREEMENT is done by CITY's contractor(s), CITY shall require its
contractor(s) to maintain in force, during the term of this AGREEMENT, a
policy of general liability insurance, including coverage of bodily injury
liability and property damage liability, naming STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per
occurrence and $2 million in aggregate and $5 million in excess. Coverage
shall be evidenced by a certificate of insurance in a form satisfactory to the
STATE that shall be delivered to the STATE with a signed copy of this
Agreement.
10JERMINATION - This Agreement may be terminated by: timely mutual written
consent of both PARTIES; by either PARTY without cause upon ninety (90) days'
prior written notice to the other PARTY; or either PARTY'S failure to comply with the
provisions of this Agreement which shall be grounds for a Notice of Default
specifying the default and if not cured within thirty (30) days' shall be grounds for
immediate termination of this Agreement.
11.TERM OF AGREEMENT -This Agreement shall become effective on the date first
shown on its face sheet and shall remain in full force and effect until amended or
terminated.
12. NO ATTORNEYS' FEES - In the event of any dispute or legal action arising under this
Agreement, the prevailing party shall not be entitled to attorneys' fees.
s
7-11
7/17/2023
ORA-30-xxxxxx
13. NOTICES - All notices to be given under the terms of this Agreement shall be given
in writing, and conclusively shall be deemed served when delivered personally, or
on the third business day after the deposit thereof in the United States mail,
postage prepaid, first-class mail, addressed as hereinafter provided.
13.1. All notices to CITY shall be addressed:
Attn: Public Works Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92658
13.2. All notices to STATE shall be addressed:
Attn: Department of Transportation
Maintenance Engineering
1750 E. 4th Street, Suite 100
Santa Ana, CA 92705
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into
this Agreement and have delegated to the undersigned the authority to execute this
Agreement on behalf of the respective agencies and covenants to have followed all
the necessary legal requirements to validly execute this Agreement.
6
7-12
7/I7/2023
ORA-30-xxxxxx
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day
and year first above written.
THE CITY OF NEWPORT BEACH
Will O'Neill
Mayor
ATTEST:
as
Leilani I. Brown
City Clerk
Approved as to form:
By: (2(�
Ji;fv
aronC. Harp 1zlzdlz3 �� Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN
Director of Transportation
Roberta C. Hettick, P.E.
Deputy District Director
Maintenance & Operations District
12
7
7-13
(Plan map identifying the applicable STATE Routes (Freeway proper) and
CITY/COUNTY road(s) and facilities)
7-14
i
w.a�Sr wa+w/
.. ,•,
�.I:1• 11 •i11 •11�
11�1•.�11�
•1
•�r•,
K.
f • •r • t •1 •
.11 j:: •:1: j111j1
• 11
,�11.
gg PAgFlC COW
4+0
35+00
37+ •0 1
EXHIBIT A - LANDSCAPING/HARDSCAPE STATE HWY 55/NEWPORT BLVD LMA
NOTES: CITY OF N EW P O RT BEACH
0 LAN DSCAPING/HARDSCAPE AREA TO BE MAINTAINED BY CITY PUBLIC WORKS DEPARTMENT SHEET 1 OF 3
7-15
EXHIBIT A - LAN DSCAPING/HARDSCAPE
\E
STATE HWY 55/NEWPORT BLVD LMA
O
O
H Li
N W
I
W N
Z W
_1 W
2 (n
U
Q
NOTES: CITY OF NEWPORT BEACH
0 LAN DSCAPI NG/HARDSCAPE AREA TO BE MAINTAINED BY CITY PUBLIC WORKS DEPARTMENT SHEET 2 OF 3
7-16
Un =
mr
mZ
U)m
=I
mLn
D
N �
O
O
EXHIBIT A - LANDSCAPING/HARDSCAPE
a
Q
NTS
STATE HWY 55/NEWPORT BLVD LMA
NOTES: CITY OF NEWPORT BEACH
0 LAN DSCAPI NG/HARDSCAPE AREA TO BE MAINTAINED BY CITY PUBLIC WORKS DEPARTMENT SHEET 3 OF 3
7-17