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c�<,FORN'P City Council Staff Report
October 23, 2018
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kathryne Cho, Civil Engineer, kcho(a)newportbeachca.gov
PHONE: 949-644-3014
TITLE: Grand Canal Dredging Project Phase 2 — Award of Contract
No. 8171-2 (16H12)
ABSTRACT:
On August 14, 2018, Council rejected all bids for the Grand Canal Dredging Project
Phase 2 after staff received a single bid that was substantially higher than the Engineer's
Estimate. Staff then further reviewed work perimeters, scope and estimated cost and
re -advertised the project for new bids. Staff has now received new bids and requests City
Council approval to award the construction contract to Associated Pacific Contractors,
Inc. (APC) of Morro Bay, California, or provide alternative direction.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Class 4 Section 15304(g) (Maintenance dredging where the spoil is
deposited in a spoil area authorized by all applicable state and federal regulatory
agencies) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and
b) Approve the project drawings and specifications; award Contract No. 8171-2 to
Associated Pacific Contractors, Inc. for base bid and additive items (Harbor Island
Bridge dredging) price of $1,383,070.00, and authorize the Mayor and City Clerk to
execute the contract; establish a contingency of $139,000.00 (approximately 10% of
total bid) to cover the costs of unforeseen work not included in the original contract;
and approve Budget Amendment No. 19BA-014 appropriating $596,300.00 from the
unappropriated Tidelands Capital Fund balance to Account No. 10101-980000-16H12
for Grand Canal Dredging.
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c) Reject all bids and direct staff to explore other options or timing for the project.
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Grand Canal Dredging Project Phase 2 — Award of Contract No. 8171-2 (16H12)
October 23, 2018
Page 2
FUNDING REQUIREMENTS:
Resources are available for the proposed Budget Amendment in the Tidelands Capital
fund and the project is included in the Harbor and Beaches Master Plan. The cost of the
Grand Canal dredging project can be absorbed by the Harbor & Beaches Master plan
without a material impact on the timing and budget of other projects funded by the plan.
Upon approval of the Budget Amendment, sufficient appropriations are available for this
project. If approved, the project will be expensed as follows:
Account Description Account Number
Tidelands Capital 10101-980000-16H12
Proposed uses for the funds are as follows:
Vendor
APC
APC
Various
BACKGROUND:
Purpose
Construction Contract
Contingency
Incidentals, Printing
Amount
$ 1,459,000.00
$ 1,459,000.00
Amount
$
1,383,070.00
$
70,930.00
$
5,000.00
Total: $
1,459,000.00
In February 2017, the City completed Phase 1 of the Grand Canal Dredging Project, from
South Bayfront to the Park Avenue Bridge, dredging and disposing 2,113 cubic yards of
material for a total construction cost of $379,545.00.
In August 2018, Phase 2 of the Project was advertised to dredge the channel from the
Park Avenue Bridge to North Bayfront — a distance of 2.5 times the Phase 1 project. Staff
received one responsive bid for $1,389,000.00 at bid opening, but it was substantially
higher than the Engineer's Estimate of $990,000.00. Per staff recommendation, Council
rejected the bid and directed staff to review the project, explore possible cost saving
measures and re -advertise at a later date.
After the bid in August, staff contacted prospective bidders, as well as the responding
bidder, to review the project conditions and discuss ways to reduce the cost. Several
contractors noted the following project conditions as posing too great a risk to complete
the project without delays and incurring liquidated damages: the confined area of the
Grand Canal, the small size of the project, the varying tides, the specified work hours,
and the project duration. They advised that additional calendar days and longer allowed
working hours would provide a buffer in their schedules to accommodate varying changes
in the tides.
Therefore, in an effort to encourage more bidders and reduce overall cost, staff extended
the daily work construction window from 7:30 a.m. to 4:30 p.m. to 6 a.m. to 9 p.m., and
increased the working days. These modifications were included in the bid package and
the project was put back out for new bids.
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Grand Canal Dredging Project Phase 2 — Award of Contract No. 8171-2 (16H12)
October 23, 2018
Page 3
DISCUSSION:
At 11 a.m. on October 9, 2018, the City Clerk opened and read the following bids:
Bidder Base Bid Amount
Low Associated Pacific Constructors, Inc. $ 1,279,250.00
2nd Bosco Constructors, Inc. $ 1,325,000.00
The base bid amount submitted by the low bidder, APC was $1,279,250.00, and is 1.6%
lower than the revised Engineer's Estimate of $1,300,000. The bid package also included
two additive items for dredging the north and south sides of the Harbor Island Bridge.
APC's total bid, including these additive items, is $1,383,070.00. Per contract documents,
APC holds a valid and current California State Contractor's "A" License.
With the contract document adjustments discussed above, the base bid prices for this
second round was $109,750.00 lower than the prior bid received in August. At this time,
staff does not believe there is any other method that could be permitted, within a
reasonable amount of time, that would accomplish the full dredging at a lesser cost, as
requested by the Grand Canal residents and as directed to pursue by City Council.
Additionally, the current Regional General Permit and Eelgrass removal allocation
allotment for this project will expire next year.
Other options to awarding this contract as proposed include rejecting all bids and delaying
the project for likely several years while exploring other dredging methodologies with the
regulatory agencies, awarding work for Grand Canal only and not awarding the additive
items, or waiting for a slower economic time for possibly a better bidding environment. It
should be noted that ocean dredging is a limited construction market and waiting may not
necessarily reduce the cost of the project.
If further delay is not the desired direction, staff recommends City Council award the
construction contract to Associated Pacific Contractors, Inc. and complete the dredging
of the Grand Canal. The recommended approval authority for unforeseen conditions is
the standard 10% of bid cost. With the proposed budget amendment, the funding level
provides 5% contingency. If contingency above 5% to 10% is required, funding from a
related budgeted project or program would be used.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Class 4 Section 15304(g) (Maintenance
dredging where the spoil is deposited in a spoil area authorized by all applicable state
and federal regulatory agencies) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
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Grand Canal Dredging Project Phase 2 — Award of Contract No. 8171-2 (16H12)
October 23, 2018
Page 4
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 — Budget Amendment
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Attachment A
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GRAND CANAL DREDGING - PHASE 2 CITY OF NEWPORT BEACH
PROJECT PUBLIC WORKS DEPARTMENT
LOCATION MAP C-8171-2 10/23/18
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ATTACHMENT B City of Newport Beach
BUDGET AMENDMENT
2018-19
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
NO. BA- 19BA-014
AMOUNT:j $596,300.00
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from the Tidelands Capital unappropriated fund balance to be used for the Grand Canal
Dredging Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
101 300000
REVENUE ESTIMATES
Org Object Project
EXPENDITURE APPROPRIATIONS
Org Object Project
10101 980000 16H12
Signed
Signed
Signed
cidl AplTrctval: Finance Di
Description
Tidelands Capital - Fund Balance
Description
Description
Tidelands CIP - Grand Canal Dredging
16H12 -Construct -101 -Unassigned
AdrjdnXtrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$596,300.00
$596,300.00
Automatic System Entry.
)0-16- ! T)
Date
ro ,16 _ra
Date
Date
13-6
Increase in Budgetary Fund Balance
ANDX
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
ONE-TIME?
B
Yes
No
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from the Tidelands Capital unappropriated fund balance to be used for the Grand Canal
Dredging Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
101 300000
REVENUE ESTIMATES
Org Object Project
EXPENDITURE APPROPRIATIONS
Org Object Project
10101 980000 16H12
Signed
Signed
Signed
cidl AplTrctval: Finance Di
Description
Tidelands Capital - Fund Balance
Description
Description
Tidelands CIP - Grand Canal Dredging
16H12 -Construct -101 -Unassigned
AdrjdnXtrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$596,300.00
$596,300.00
Automatic System Entry.
)0-16- ! T)
Date
ro ,16 _ra
Date
Date
13-6