Administrative
Report
H.17., File # 22-3926 Meeting Date: 4/5/2022
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
ADOPT BY 4/5 VOTE AND TITLE ONLY RESOLUTION NO. CC-2204-015, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AUTHORIZING A 2021- 2022 FISCAL YEAR BUDGET MODIFICATION TO APPROPRIATE $51,802 IN STORMWATER FUNDS AND $241,085 IN CAPITAL PROJECTS FUNDS ASSOCIATED WITH THE ENHANCED WATERSHED MANAGEMENT PLAN IMPLEMENTATION CIP JOB NO. 60150, AND $689,000
FROM THE GENERAL FUND UNALLOCATED FUND BALANCE TO THE BERYL STREET
DRAINAGE AND STREET IMPROVEMENTS PROJECT FROM PROSPECT AVENUE TO FLAGLER LANE, JOB NO. 41130, AND
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2204-016, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AWARDING A CONTRACT TO
SULLY-MILLER CONTRACTING COMPANY, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $2,388,177 FOR THE CONSTRUCTION OF THE BERYL STREET DRAINAGE AND STREET IMPROVEMENTS PROJECT FROM PROSPECT AVENUE TO FLAGLER LANE, JOB NO. 41130
EXECUTIVE SUMMARY
The Beryl Street Drainage and Street Improvements Project from Prospect Avenue to Flagler Lane, Job No. 41130 (“Project”) once constructed will provide a number of living and complete streets upgrades and pedestrian and bike safety enhancements including: lane modifications to reduce or eliminate portions of the center two-way left turn lane for the addition of Class II bicycle lanes; the installation of ADA ramp upgrades, curb bulb-outs, curb and gutter repairs, sidewalk repairs and improvements, Class II bicycle lanes, dry wells, and storm drain improvements; and the removal of 9 invasive sidewalk trees followed by the installation of 13 replacement 48” box trees that are more parkway appropriate and provide greater shade canopy.
On December 7, 2021 the City Council approved plans and specifications for the Project and authorized competitive bidding. On February 16, 2022, six (6) bids were received and publicly opened. Sully-Miller Contracting Company, with a bid of $2,388,177, was found to be the lowest responsible bidder. The project budget in the Five-Year CIP is $1,823,354, therefore a budget resolution appropriating an additional $981,887 for a project total of $2,981,887 is needed to award the contract, provide a $238,818 contract contingency (10%), and provide $177,440 for construction management and inspection support and incidental costs. The increased cost of construction is attributed to the high demand for related contract work, national supply chain pressures and the associated impact on the cost of materials, and record inflation.
H.17., File # 22-3926 Meeting Date: 4/5/2022
In order to cover the increased cost of construction it is recommended that the proposed budget resolution be approved to transfer $292,887 from the Enhanced Watershed Management Plan Implementation Project Job. No. 60150, for eligible and pertinent storm drain improvements, and $689,000 be appropriated from the General Fund unallocated fund balance to cover the remaining funding gap and construct this critical project as designed. If awarded as recommended, Project construction is expected to begin in May 2022 and be completed within one hundred (100) working days.
BACKGROUND
The Beryl Street pavement from Prospect Avenue to Flagler Lane is in “fair” condition with a PCI rating in the 50’s and 60’s (poor condition when compared to other streets and the City’s stated PCI goal of 75). Additionally, street flooding occurs along Beryl St. during moderate rain events, due to underdeveloped curb and drainage infrastructure. The Project has been included in the City’s CIP for many years and was awarded funding in FY 2021-22 CIP to address these deficiencies through pavement rehabilitation and improvements to corridor drainage.
On April 20, 2020, City staff initiated an RFP process to solicit proposals from qualified engineering firms for the design of the Beryl Project. NV5, Inc. (NV5) was found to have the best combination of experience, price and references following staff’s consultant selection and evaluation process.
On July 21, 2020, the City Council approved an agreement with NV5 to provide design services to prepare conceptual and final design and to complete construction documents.
In December 2020, staff presented the design concept to the Public Works Commission and to the City Council for their input and consideration. On December 15, 2020, the City Council concurred with the project concept and directed staff to proceed with final design but asked that the trees planned for removal be replaced with as large a box tree as possible and that the total number if newly installed trees be greater than the number removed.
The Project’s conceptual design was guided by the Living Streets Policies approved by Council on October 8, 2013 that established principles and practices to ensure local transportation improvements be planned and constructed in a way that is safe for all transit modes and is particularly attractive for pedestrians and bicyclists. Staff directed NV5 to prioritize feasible and appropriate Living Street elements during concept development, namely the installation of Class II bike lanes in each direction.
The Project will include lane modifications to reduce or eliminate portions of the center two-way left turn lane for the addition of Class II bicycle lanes, installation of ADA ramp upgrades, curb bulb-outs, curb and gutter repairs, sidewalk repairs and improvements, and other concrete improvements as necessary. The elimination of the two left turn lane provides the necessary width to install bike lanes without impacting roadway level of service or parking availability.
A proposed extension of the existing storm drain line and new catch basins adjacent to Prospect Avenue will improve drainage and mitigate potential localized flooding that impacts pedestrian crossings and parking lanes in moderate storms. Infiltration, bioswales, and dry well enhancements consistent with the green street priorities are planned in the Project as well.
H.17., File # 22-3926 Meeting Date: 4/5/2022
The sidewalk along the southerly right of way will be widened to the maximum extent possible within existing public right-of-way. Per Council direction, the existing nine Paperbark (Melaleuca) trees, which are in poor condition, overgrown, and have encroached into and damaged adjacent infrastructure, are proposed for removal and will be replaced with 13 more mature, 48” box, Australian Willow tree plantings. It should be noted that Australian Willow trees perform well in parkway areas and provide greater shade canopy than Paperbark trees.
On December 7, 2021 the City Council approved plans and specifications for the Project and authorized competitive bidding.
On February 16, 2022, six (6) bids were received and publicly opened (see attached bid results). On February 24, 2022, a bid protest was received stating the lowest apparent bidder, PaveWest, Inc., failed to comply with the self-performance requirement of the Project which requires the prime contractor to perform with its own forces at least fifty percent of the work. PaveWest states in its bid protest response letter dated March 1, 2022, that the correct revised subcontract amount should be equal to 49% of the total bid amount, which would leave PaveWest with 51% of the contract to selfperform. Although PaveWest submitted information indicating that the subcontractor percentages listed in the bid were in error, Case Law, from Valley Crest Landscape, Inc. v. City of Davis (1996) 41 Cal.App.4th 1432, considered this very issue and held that the city was not authorized to allow the contractor to correct a mistake in listing out the percentage of work to be performed by subcontractors to bring the bid into compliance with a self-performance requirement on the project, and makes clear that this type of error is not waivable, and, therefore, the City is not permitted to authorize PaveWest to now correct the error. Accordingly, PaveWest Inc.’s bid was rejected as nonresponsive. The bid protest, bid protest response, and the City’s bid protest determination are attached for reference.
After reviewing the bids, the second lowest apparent bidder, Sully-Miller Contracting Company, with a bid of $2,388,137, was determined to be the responsible bidder with the lowest responsive bid.
The available project budget is $1,823,354 and is funded by carryover Proposition C, Stormwater, and Measure M Local Return Funds. The bid amounts were higher than the Engineer’s estimate but consistent with the current bid environment. In addition, when budgeted, the Project was envisioned mainly as a roadway resurfacing project with minor drainage improvements. However, it was determined during design that extensive drainage features to capture large stormwater volumes during rain events were required. Proposed storm drain improvements include storm drain main line extensions, additional catch basins, dry wells, and curb bulb outs with bioswales. Carryover Stormwater and Capital Project Funding is available from the Enhanced Watershed Management Plan Implementation Project Job. No. 60150, to cover eligible and pertinent storm drain improvements. Staff is requesting a transfer of $292,887 from CIP Job No. 60150 and an appropriation of $689,000 from the General Fund Unallocated Fund Balance to CIP Job No. 41130 in order to construct the project as designed.
If approved by the City Council as presented, Project construction is expected to begin in May 2022 and be completed within one hundred (100) working days.
COORDINATION
H.17., File # 22-3926 Meeting Date: 4/5/2022
The City Attorney’s Office approved the resolutions as to form.
FISCAL IMPACT
Funding Expenditures
Proposition C Funds $1,235,000 Design - NV5, Inc. $ 155,800 Measure M $ 565,000 Sully-Miller $ 2,388,177
Stormwater $ 200,000 Contingency Funds (10%) $ 238,818
From Job No. 60150 $ 292,887 Con Mgmt./Inspection (KOA) $ 177,440 Capital Funds (New) $ 689,000 Project Management $ 21,652 Total $ 2,981,887 Total $2,981,887
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
1. Budget Modification Resolution
2. Resolution of Award
3. Bid Results
4. Bid Protest
5. PaveWest Bid Protest Response
6. Bid Protest Determination