AGENDA REPORT
Meeting Date: November 7, 2024
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Christine Chung, Project Manager
Subject: ACCEPTANCE OF THE CONTRACT WORK FOR THE BURTON WAY RESURFACING PROJECT BY PALP, INC. DBA EXCEL
PAVING COMPANY IN THE FINAL AMOUNT OF $1,990,827.00;
AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF
COMPLETION
Attachments: 1. Notice of Completion
2. February 6, 2024, Agenda Report
RECOMMENDATION
Staff recommends that City Council accept the described work for Burton Way Resurfacing Project by Palp, Inc. DBA Excel Paving Company in the final amount of $1,990,827.00 and authorize the City Clerk to record the attached Notice of Completion.
INTRODUCTION
This report provides information to City Council for the acceptance of the contract work in the final amount of $1,990,827.00 and authorization for the City Clerk to record the Notice of Completion with the Los Angeles County Recorder.
DISCUSSION
At its meeting on February 6, 2024, City Council awarded a contract for Burton Way Resurfacing Project to Palp, Inc. DBA Excel Paving Company (Excel). This project started upon the completion of the civil work related to the Green Streets Median project and involved resurfacing Burton Way between Rexford Drive and the eastern City limits at Robertson Boulevard. The scope of work also included upgrading 12 curb ramps to meet accessibility standards, installing a concrete bus pad east of Rexford Drive, and restriping travel lanes including buffers on the existing bicycle lanes.
Meeting Date: November 7, 2024
By September 2024, the project successfully rehabilitated the pavement conditions on Burton Way and enhanced roadway safety, particularly improving visibility for cyclists.
The contractor for the Green Streets Median project is currently addressing punch list items, with completion anticipated by the end of this calendar year.
The Public Works Engineering Division staff conducted inspections throughout the project and are satisfied that all work was completed in accordance with the approved contract documents.
Green Streets Median Project
Remaining work on the separate Burton Way Green Streets Median Project includes testing all sensors and water level transmitters in the pump wells for the Rexford pumps, Oakhurst pumps, and the recirculation pumps; testing of eight swale water-level sensors; testing of the Rainwater Harvesting System; and testing of the PLC (programmable logic controller) operations in different scenarios. Very large amounts of water are required to perform the testing, so staff will utilize raw well water whenever possible to complete the testing as soon as possible. Assuming the storage tank can be filled by the end of October 2024, all testing should be completed by the end of the year, and staff will return to City Council in early 2025 to accept the work.
FISCAL IMPACT
The original construction contract purchase order, which included a contract amount of $1,964,520.00 and $196,500.00 contingency amount, was $2,161,020.00. With completed change order work, the final contract amount is $1,990,827.00, leaving a purchase order balance of $170,193.00, which will be returned to the fund balance.
The current amount paid on the contract is $1,891,285.65, with a retention balance of $99,541.35 due to be paid 35 days after the recordation of the Notice of Completion.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
THIS DOCUMENT IS OFFICIAL BUSINESS
OF THE CITY OF BEVERLY HILLS AND
ENTITLED TO FREE RECORDING UNDER
SECTION 6103 OF THE GOVERNMENT CODE
Requested by Huma Ahmed
AFTER RECORDING MAIL TO:
CITY CLERK'S OFFICE
Room 290, City Hall
455 North Rexford Drive
Beverly Hills, CA 90210
Space above this line for recorder's use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Beverly Hills
3. The full address of the undersigned is 455 North Rexford Drive, Beverly Hills, CA 90210
4. The nature of the title of the undersigned is: In fee.
5. The full names and addresses of all persons who hold title with the undersigned are:
None
6. A work of improvement on the property hereinafter described was completed on September 30, 2024
7. The name of the contractor, if any, for such work of improvement was Palp, Inc. DBA Excel Paving Company.
8. The property on which said work of improvement was completed is in the City of Beverly Hills, County of Los Angeles, and State of California, as is described as:
Burton Way Resurfacing Project [RFB 24-350-25]
9. The street address of said property is Burton Way between Rexford Drive and the eastern City limits at Robertson Boulevard
Dated: City of Beverly Hills
STATE OF CALIFORNIA } Signature of }
COUNTY OF LOS ANGELES } Owner or Owners }
Huma Ahmed, being duly sworn, says: That she is the City Clerk of the City of Beverly Hills, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that she makes this verification of behalf of said corporation; that she has read said notice and knows the contents thereof, and that the facts therein stated are true.
Signature of
Corporate Officer
Named Above X
Attachment 2
AGENDA REPORT
Meeting Date: February 6, 2024
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Christine Chung, Project Manager
Subject: AWARD OF A CONTRACT TO PALP, INC. DBA EXCEL PAVING
COMPANY, FOR THE BURTON WAY RESURFACING PROJECT IN
THE AMOUNT OF $1,964,520; AND
APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR
WITH RESPECT TO DESIGN CRITERIA; AND
APPROVAL OF A PURCHASE ORDER IN THE NOT-TO-EXCEED
AMOUNT OF $2,161,020 TO PALP, INC. DBA EXCEL PAVING
COMPANY FOR THE PROJECT WHICH INCLUDES A
CONTINGENCY OF $196,500; AND
PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), CITY COUNCIL WILL
ALSO CONSIDER FINDING THE PROJECT CATEGORICALLY
EXEMPT FROM FURTHER REVIEW UNDER CEQA
Attachments: 1. Agreement with PALP, Inc. DBA Excel Paving Company
2. Categorical Exemption
RECOMMENDATION
Staff recommends City Council approve the award of a contract to PALP, Inc. DBA Excel Paving Company for the Burton Way Resurfacing Project in the amount of $1,964,520; approve the plans and specifications therefor with respect to design criteria; approve a construction contingency of 10% in the amount of $196,500; approve the issuance of a purchase order to PALP, Inc. DBA Excel Paving Company in the not-to-exceed amount of $2,161,020 for the project; and find the project to be categorically exempt from further review under CEQA.
E-17
Meeting Date: February 6, 2024
INTRODUCTION
The Public Works Department performs timely maintenance and rehabilitation to the City’s streets and alleys in order to provide high quality pavements in a cost-effective manner. A 2016 citywide survey concluded that pavement conditions on Burton Way averaged 60 out of 100 (with 100 being equivalent to a newly constructed street).
Pavements with conditions in this range are good candidates for resurfacing to extend the life of the road and avoid more costly reconstruction.
In addition to the normal deterioration over time and wear of traffic in the years since that survey was conducted, construction work associated with the recently completed Green Streets Median project has accelerated damage to the pavement, including numerous trenches for pipelines and electrical work. Burton Way has, therefore, been identified as requiring pavement resurfacing at this time to correct spot structural defects and provide a new wearing surface for the roadway.
The project includes resurfacing of Burton Way between Rexford Drive and the east City limits at Robertson Boulevard, upgrading curb ramps to meet accessibility requirements, installation of a concrete bus pad, and restriping travel lanes including buffers on the existing bicycle lanes.
DISCUSSION
On December 7, 14, and 15, 2023, a Notice Inviting Bids was published on the City’s PlanetBids web portal, Beverly Press, and Beverly Hills Courier, respectively. Thirteen prospective contractors downloaded the project construction documents as prime contractors. On January 19, 2024, one bid was received and opened as follows:
PALP, Inc. DBA Excel Paving
Company $1,964,520
The above bid amount was tabulated using unit prices, which take precedence over the submitted total bid amounts. All documents submitted by this bidder were in order and complied with the bid proposal requirements. The Engineer’s Estimate was $1,778,800.
The bid is 10% higher than the Engineer’s Estimate and assessed to be within the fair and competitive value range for a project with varying work hours and traffic control restrictions depending on work activities or locations to mitigate construction impacts.
PALP, Inc. DBA Excel Paving Company is an established contractor with a license in good standing and has previously performed similar work within the City of Beverly Hills.
PALP successfully completed the City of Beverly Hills street and alley paving contracts from 2019 to 2022 and is currently contracted for multiple projects within the City, such as the Pedestrian Crossing Improvements Project and on-call pavement repairs contracts.
Staff recommends the project be awarded to PALP, Inc. DBA Excel Paving Company in the amount of $1,964,520. Staff also recommends a contingency allowance in the amount of $196,500 (approximately 10%) to address any unforeseen conditions during the contract term.
Meeting Date: February 6, 2024
ENVIRONMENTAL ASSESSMENT
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. Upon review by Public Works Department staff, the project qualifies for a Class 1 Categorical Exemption (Existing Facilities) pursuant to Section 15301(c) of the state CEQA guidelines. This exemption is applicable to the maintenance or minor alteration of existing public facilities involving negligible or no expansion of existing or former use. Therefore, it is recommended that City Council find the Project exempt from further environmental assessment review under the provisions of CEQA.
FISCAL IMPACT
A construction contingency allowance in the amount of $196,500 has been included in the purchase order total amount of $2,161,020. Any change orders that require expenditures from this allowance shall be made only upon written request in accordance with the Municipal Code Section 3-3-110 regarding change orders. The project is eligible to utilize $1,000,000 in Metro Prop C funding because Burton Way is a transit route. This project will also utilize state Road Maintenance and Rehabilitation (RMRA)/SB-1 funding and is listed on the City’s annual project list for those funds. All funds for this project are budgeted in Fiscal Year 2023/24 Capital Improvement Program and are provided as follows:
Shana Epstein,
Director of Public Works
Approved By
ACCOUNT NUMBER FUND DESCRIPTION AMOUNT
12112402-850000-00195 RMRA/SB-1 $1,161,020
31012402-850000-00195 Metro Prop C $1,000,000
TOTAL $2,161,020
Attachment 1
AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of February, 2024, by and between the CITY OF BEVERLY HILLS, a municipal corporation, hereinafter referred to as “City”, and PALP, INC. DBA EXCEL PAVING COMPANY
2230 Lemon Ave.
Long Beach, CA 90806
hereinafter referred to as “Contractor”;
W I T N E S S E T H
In this consideration of their covenants the parties hereto agree as follows:
1. Contractor shall furnish all labor, materials and equipment necessary to perform the following work in the City of Beverly Hills, California, strictly in accordance with the Notice to Bidders, Proposal form, Plans and Specifications for such improvement, Standard Contractual Requirements and inclusive of Addendums, each of which documents are made a part of this Contract as though fully set forth herein:
BURTON WAY RESURFACING PROJECT
2. In consideration of such work City agrees to pay Contractor and Contractor agrees to accept the sum of One Million Nine Hundred Sixty-Four Thousand Five Hundred Twenty Dollars and Zero Cents ($1,964,520.00) in the manner provided in subject Plans and Specifications and subject to adjustment provided therein.
3. Concurrently with the execution of this Contract, Contractor shall file with the City the bonds and certificates of insurance specified in said Standard Contractual Requirements.
4. This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST:
____________________________________________
HUMA AHMED, City Clerk
CITY OF BEVERLY HILLS,
A municipal corporation
____________________________________________
JULIAN A. GOLD, M.D., Mayor
APPROVED AS TO CONTENT:
____________________________________________
NANCY HUNT-COFFEY, City Manager
CONTRACTOR:
____________________________________________
____________________________________________
SHARON L’HEUREUX DRESSEL, Risk Manager
____________________________________________
____________________________________________
SHANA E. EPSTEIN, Director of Public Works
____________________________________________
DAREN GRILLEY, Assistant Director of Public Works/
City Engineer
APPROVED AS TO FORM:
____________________________________________
LAURENCE S. WIENER, City Attorney
FUNDS AVAILABLE:
____________________________________________
JEFF S. MUIR, Director of Finance
Attachment 2
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
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City of Beverly Hills - Public Works Department 345 Foothill Rd Beverly Hills, CA 90210 Los Angeles 12400 Imperial Highway Norwalk, CA 90650 Burton Way Resurfacing Project City of Beverly Hills Burton Way from Crescent Drive to Robertson Boulevard Beverly Hills Los Angeles The project includes resurfacing (2-inch grind/overlay) of Burton Way between Rexford Drive and the east city limits at Robertson, upgrading curb ramps to meet accessibility requirements, installation of a concrete bus pad, and restriping travel lanes including buffers on the existing bicycle lanes between Crescent Dr and the east city limits at Robertson.
City of Beverly Hills City of Beverly Hills X Class 15301 Existing Facilities; (c) The project will perform maintenance of existing streets, specifically wearing course of pavements, replacement of curb ramps to the current standard, and painting of crosswalks, lane markings, and bike lanes, where no more than negligible change in use of the street will result.
Christine Chung 310-285-2516 2/6/2024 Project Manager ■