CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:
FY 2024-25 Pavement Resurfacing Project
RECOMMENDED ACTION:
Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract between the City of Pacifica and VSS International, Inc. for the FY 2024-25 Pavement Resurfacing Project in an amount not to exceed $2,444,325.00; Authorize a budget authority in the amount of $2,688,757.50 which includes contingencies in an amount not to exceed ten percent (10%) of the Construction Contract amount; Authorize staff to Execute Future Change Orders not to exceed the contingency amount; and Authorize the City Manager to Sign Contract Documents for the Project.”
STAFF CONTACT:
Matt Kelly, Project Manager
(650) 730-0212
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:
On October 12, 2020, the City Council accepted the City’s 5-year Street Maintenance Program for FY 2020-21 through FY 2024-25. As noted during the October 2020 Council meeting, the main goal of the City’s five-year pavement maintenance program is to both keep good streets in good condition and use a stop gap measure to prevent poor condition streets from falling into expensive reconstructions. A slurry seal (mixture of asphalt oil, water, and coarse sand) is used on good streets to keep them that way. This is the most cost-effective form of street maintenance. Rubber Cape seals (tire rubber, asphalt oil and small aggregate covered with a slurry seal) can be used as an inexpensive stop gap measure to keep poor streets from dropping into worse condition with targeted spot pavement repairs.
The FY 2024-25 Pavement Resurfacing Project will resurface approximately 7.56 miles of City pavement and follows the Council approved 5-year Street Maintenance Program. The type of treatments used generally follow the 5-year pavement program with the exception of value engineering changes made by the pavement consultant to allow for project cost savings. These value engineering changes will allow the City to treat all the streets identified under the City’s FY 2024-25 pavement program. These changes include using two coats of slurry seal in place of a cape seal on appropriate streets and using a spot treatment called microsurfacing (similar to a Pacifica City Council 2
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thick slurry seal) to address areas of pavement distress. The overall project scope will include rubber cape seals, double slurry seals, slurry seals, asphalt concrete grinding and paving, microsurfacing base repairs, pavement striping and markings and other miscellaneous related work.
The project will be funded by money the City receives from SB 1, Measure W and Measure A (Fund 09), and Measure Y. During the FY 23-24 budget session, the City Council approved $650K from Measure Y Funds (FY 22-23) to go towards street areas that had not been included in the City’s 5-Year Street Maintenance Program due to condition of the streets in these areas.
The StreetSaver program did not pick streets for the Program from Vallemar, Rockaway, and Pedro Point because many of the streets are in failed condition. The most cost-effective use of the City’s limited pavement maintenance dollars is to either keep good pavements in good condition or cap older pavements to keep them from falling into failed condition. City staff and the pavement consultant selected streets for the approved $650k within these areas based on the following criteria: streets were next to City businesses, streets were next to City schools, streets were collector or residential collector streets (ie. they are used by residents to get to and from businesses/schools), and the streets will be minimally impacted by the upcoming sewer system upgrades in Vallemar and East Rockaway. Based on these criteria, portions of San Pedro Road, Grand Avenue, West Rockaway Beach Avenue, Dondee Way, Old County Road, East Rockaway Beach Avenue, and Reina Del Mar Avenue were selected.
On September 25, 2023, the City Council approved Task Order No. 1 between the City of Pacifica and NCE for Design and Engineering Services related to the FY 2024-25 Pavement Resurfacing Project. The project will resurface various streets in Pacifica. The project plans are also available to view on the City's website at:
<https://www.cityofpacifica.org/departments/public-works/engineering/capital-improvementprojects>. NCE has been working in the Bay Area since 1990 and is highly regarded for their expertise in pavement design and rehabilitation and for their work with the pavement research branch of the Federal Highways Administration.
The Project was advertised on February 21, 2024, and February 28, 2024, in accordance with the formal bid process. Thirty-five (35) companies downloaded the plans and specifications and six (6) companies submitted bids. On March 14, 2024, the bid opening was held via Zoom by the City Clerk and the result is as follows:
Company Base Bid
G. Bortolotto & Company, Inc. $2,379,329.44
VSS International, Inc. $2,444,325.00
Pavement Coatings Co. $2,472,283.07
DRYCO Construction, Inc. $2,823,890.00
Doolittle Construction LLC $2,929,929.00
Mountain Cascade, Inc. $3,144,174.92
The Engineering Division received a bid protest from the second low bidder VSS International, Inc. on March 20, 2024. The basis for the bid protest was that the apparent low bidder, G.
Bortolotto & Company, Inc.’s bid did not include the required bid bond.
After discussion with the City Attorney’s Office, detailed review of documents submitted by both bidders regarding the protest, the bid documents and relevant State Public Contract Codes, City staff recommends that the bid submitted by G. Bortolotto & Company, Inc. be deemed nonresponsive to the bid solicitation for the following reasons:
1. The Addendum #2 & #3 identify that an electronically submitted bid bond is required to accompany the submitted bid proposal “Accompanying this bid it is required to provide Pacifica City Council 3
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an electronic bid bond at the time of bid opening and the hard copy to be provided no later than 5 days after the bid opening. Bid guarantee in an amount equal to at least 10% of total of the bid, naming the Owner as Obligee or Payee, as applicable.”
2. Public Contract Code Section 10167 Section 2 and Section 5 states that “all bids must be presented under sealed cover and accompanied by bidders’ security.
3. G. Bortolotto & Company, Inc. did not submit a bid bond or other bidder’s security with its bid.
The second lowest bidder is VSS International, Inc. with a base bid amount of $2,444,325.00 and submitted all required documentation with their bid. This is approximately 10% over the Engineer’s Estimate, which is related to the recent and on-going fluctuation and uncertainty in oil prices that directly impacts pavement oils used for resurfacing. VSS International, Inc. has performed several of the City’s projects in the past and their work has been satisfactory. As there are sufficient project funds from SB1, Measure W, Measure Y, and Measure A/Fund 09, the City Manager recommends the award of contract (Attachment "A") to the apparent second low bidder, VSS International, Inc. In addition, a 10% contingency is recommended to allow enough funding to handle any additional improvements that are identified during construction.
Staff recommends authorizing a budget authority for construction in the amount of $2,688,757.50, which includes contingencies in an amount not to exceed ten percent (10%) of the Construction Services Agreement amount for any unforeseen conditions and/or additional street work required.
ALTERNATIVE ACTION:
Council may choose not to adopt the resolution and not approve the construction contract.
However, this will result in project delays and likely increase in construction cost. Staff does not recommend this alternative action.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the construction contract is consistent with the following Council adopted Goals:
• Improve and steward of City Infrastructure, streets and facilities: This construction project will improve existing City streets and roads.
FISCAL IMPACT:
The following is the source and use of funds for the project:
Total Project Source and Use of Funds
SB1 (Fund 10) $989,000.00
Measure W (Fund 11) $380,000.00
Measure Y $650,000.00
Measure A / Fund 09 $842,457.50
Total Source of Funds $2,861,457.50
FY 2023-24 Pavement Resurfacing Project $2,688,757.50
Design and Engineering $172,700.00
Total Use of Funds $2,861,457.50
Pacifica City Council 4
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Any remaining funds will go back to Street Construction Fund 09 to fund future pavement resurfacing projects.
ORIGINATED BY:
Public Works
ATTACHMENT LIST:
Attachment A_Agreement_ VSSI_2024-25 Pavement Resurfacing Project_20240408_signed by
VSS (PDF)
Pacifica City Council 5
April 08, 2024
RESOLUTION NO. __-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE
CONSTRUCTION CONTRACT BETWEEN THE CITY OF PACIFICA AND VSS INTERNATIONAL, INC. FOR THE FY 2024-25 PAVEMENT RESURFACING PROJECT IN AN AMOUNT NOT TO EXCEED $2,444,325.00; AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $2,688,757.50 WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED TEN PERCENT (10%) OF THE CONSTRUCTION CONTRACT AMOUNTS;
AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS AND TASK ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT; AND AUTHORIZE THE CITY MANAGER TO
SIGN CONTRACT DOCUMENTS TO THE PROJECT
WHEREAS, consistent with the City of Pacifica’s Bidding Procedures for Public Projects (Municipal Code Title 3 Chapter 15) the City of Pacifica advertised the Request for Bids for FY 2024-25 Pavement Resurfacing Project on February 21, 2024, and February 28, 2024; and WHEREAS, the lowest responsive bidder was VSS International, Inc.; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pacifica Adopt a Resolution entitled A Resolution of the City Council of the City of Pacifica Approving the Construction Contract between the City of Pacifica and VSS International, Inc. for the FY 2024- 25 Pavement Resurfacing Project in an amount not to exceed $2,444,325.00; Authorize a budget authority in the amount of $2,688,757.50 which includes contingencies in an amount not to exceed ten percent (10%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the City Manager to Sign Contract Documents to the Project. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8
th day of April, 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney