HomeMy WebLinkAbout06 - Grant Howald Park Rehabilitation — AwardQ �EwPpRT
CITY OF
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<,FORN'P City Council Staff Report
July 14, 2020
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Tom Sandefur, Assistant City Engineer,
tsandefur@newportbeachca.gov
PHONE: 949-644-3321
TITLE: Grant Howald Park Rehabilitation — Award of Contract No. 7476-2
(19P11)
Staff received construction bids for the Grant Howald Park Rehabilitation project and
seeks City Council approval to award the construction contract to Environmental
Construction, Inc. of Woodland Hills, California; process required payments to Southern
California Edison (SCE) for utility undergrounding; and process an amendment to an
existing professional services agreement with RJM Design Group, Inc.
RECOMMENDATION:
a) Approve the project drawings and specifications;
b) Declare the bid packages submitted by RAL Investment Corporation of San Diego as
non-responsive;
c) Award Contract No. 7476-2 to Environmental Construction, Inc. (ECI) for the total bid
price of $4,543,686, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $475,000 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract;
e) Authorize the City Manager to approve payments to Southern California Edison (SCE)
and AT&T in the amount of approximately $750,000 for project design services,
equipment and installation necessary to underground the existing above -ground
facilities related to the project; and
f) Approve Amendment No. 1 to the current Professional Services Agreement with RJM
Design Group, Inc. to add $73,160 to the contract for a total not -to -exceed fee of
$354,950, for additional design services and authorize the Mayor and City Clerk to
execute the Agreement.
6-1
Grant Howald Park Rehabilitation — Award of Contract No. 7476-2 (19P11)
July 14, 2020
Page 2
FUNDING REQUIREMENTS:
The current adopted CIP budget includes sufficient funding within the Grant Howald Park
Rehabilitation project for the award of these contracts. Project funding will be expensed
to the Grant Howald Park Rehabilitation Project in the Adopted FY2020-21 CIP Budget
Account No. 56201-980000-19P11. Funding for the project is in the Facilities Financing
Plan (FFP), primarily from developer fees restricted for park improvements.
Proposed project funding uses are as follows:
Vendor
Purpose
contract for Landscape
Amount
ECI
Construction Contract
$
4,543,686
ECI
Construction Contingency
$
475,000
RJM Design Group, Inc.
Design & Construction Support
$
73,160
GMU Geotechnical, Inc.
Testing/Inspecting/Geotech
$
50,000
SCE & AT&T*
Utility Undergrounding
$
*750,000
Design/Equipment/Installation
Various
Incidentals & Community Outreach
$
60,154
Total:
$
5,952,000
*AT&T final cost is yet to be determined.
BACKGROUND:
Grant Howald Park (Park) is a 3.1 -acre recreation site developed in 1954 by the Youth
Center Board of Directors and conveyed to the City of Newport Beach in 1972. The Park
is generally bounded by Goldenrod Avenue, Fifth Avenue, Marguerite Avenue and Harbor
View Elementary School. The Park includes a community building with two playgrounds
(also known as the Community Youth Center or CYC), two tennis courts, a lighted sports
field, a basketball court and other related facilities.
On September 11, 2018, City Council awarded a
design
contract for Landscape
Architecture and Civil
Engineering Services to RJM
Design
Group, Inc. (RJM). With
assistance from City
staff, the community, and the
Parks,
Beaches and Recreation
(PB&R) Commission
ad hoc committee, RJM developed a conceptual design that
enhances the Park's
usability, while maintaining the
Corona
Del Mar neighborhood's
charm.
On March 5, 2019, the PB&R Commission approved the Park conceptual design and City
Council accepted the design on May 14, 2019.
DISCUSSION:
The Grant Howald Park Rehabilitation Project is included within the Facilities Financing
Plan. The approved conceptual design replaces the existing children's play areas with
new play equipment, surfacing, shade structures and seating.
6-2
Grant Howald Park Rehabilitation — Award of Contract No
7476-2 (19P11)
July 14, 2020
Page 3
The existing sports field in the park will be improved by removing the existing grass turf
and installing a synthetic turf field, new shaded team and picnic areas, updating the
restroom building, replacing the fencing, and converting the field lights to LED. The
portion of the park that borders Fifth Avenue will have the trees and landscaping replaced,
the retaining walls reconstructed, and a new sidewalk installed. Additionally, the utility
lines along this stretch will be placed underground and the poles removed.
On June 12, 2020, at 10 a.m. the City Clerk opened and read the following electronic bids
for this project:
*Non -Responsive Bid
A review of the bid package submitted by RAL Investment Corporation (RAL), the
apparent low bidder, revealed that the bidder failed to fulfill the City's certification
requirement, therefore RAL's bid is non-responsive. On June 22, 2020, a letter was sent
to RAL informing them of staff's determination (Attachment B) and staff now recommends
award of this construction contract to the second low bidder - ECI.
The bid submitted by ECI is below the original Engineer's Estimate of $6,420,000, which
inadvertently included work to be paid separately to Southern California Edison and AT&T
for the undergrounding cables and equipment. Removing the estimated cost of that SCE
and AT&T work from the Engineer's Estimate results in a Modified Engineer's Estimate
of $5,670,000. The recommended bid is 20 percent below this Modified Engineer's
Estimate. The major components of the savings in the low bid versus the Modified
Engineer's Estimate were earthwork/grading, synthetic turf field, and site furnishings.
These lower numbers reflect an increasingly competitive bid environment and were
consistent across all the lowest bidders.
ECI possesses a California General Engineering "A" Contractors License, as required by
the project specifications, and they have completed similar projects for other local
agencies. A review of the submitted bid package documents determined that ECI
provided a responsive bid.
6-3
BIDDER
TOTAL BID AMOUNT
Low*
RAL Investment Corporation
$
4,244,941.00
2
Environmental Construction, Inc.
$
4,543,686.00
3
Act 1 Construction, Inc.
$
4,980,663.28
4
Los Angeles Engineering, Inc.
$
5,121,000.00
5
PCN3, Inc.
$
5,183,558.00
6
Spectrum Construction Group, Inc.
$
5,446,500.00
7
C.S. Legacy Construction, Inc.
$
5,828,165.00
8
Wier Construction Corporation
$
5,837,177.60
9
Byrom -Davey Inc.
$
5,927,027.00
10
OHNO Construction Company
$
5,948,000.00
11
Caliba Inc.
$
6,321,000.00
12
KASA Construction, Inc.
$
6,574,700.00
*Non -Responsive Bid
A review of the bid package submitted by RAL Investment Corporation (RAL), the
apparent low bidder, revealed that the bidder failed to fulfill the City's certification
requirement, therefore RAL's bid is non-responsive. On June 22, 2020, a letter was sent
to RAL informing them of staff's determination (Attachment B) and staff now recommends
award of this construction contract to the second low bidder - ECI.
The bid submitted by ECI is below the original Engineer's Estimate of $6,420,000, which
inadvertently included work to be paid separately to Southern California Edison and AT&T
for the undergrounding cables and equipment. Removing the estimated cost of that SCE
and AT&T work from the Engineer's Estimate results in a Modified Engineer's Estimate
of $5,670,000. The recommended bid is 20 percent below this Modified Engineer's
Estimate. The major components of the savings in the low bid versus the Modified
Engineer's Estimate were earthwork/grading, synthetic turf field, and site furnishings.
These lower numbers reflect an increasingly competitive bid environment and were
consistent across all the lowest bidders.
ECI possesses a California General Engineering "A" Contractors License, as required by
the project specifications, and they have completed similar projects for other local
agencies. A review of the submitted bid package documents determined that ECI
provided a responsive bid.
6-3
Grant Howald Park Rehabilitation — Award of Contract No
7476-2 (19P11)
July 14, 2020
Page 4
Pursuant to the project specifications, ECI is allotted 130 consecutive working days to
complete the work. Liquidated damages in the amount of $2,500 per working day will be
assessed in case of tardy completion. The Park will temporarily close in Fall 2020 for the
duration of the project construction. The CYC, and its programs, will remain operational
during construction, unless deemed unsafe.
UTILITIES UNDERGROUNDING
On May 14, 2019, City Council approved the conceptual Park design including the option
to underground the above -ground facilities along the Fifth Avenue and Goldenrod Avenue
frontages. Staff worked with RJM, SCE and AT&T and developed an undergrounding
plan that accommodates the City's planned sidewalk along Fifth Avenue.
RJM DESIGN GROUP, INC. AMENDMENT NO. 1
As part of the design process and public input, design elements were added in order to
best integrate the proposed park design into the existing park footprint. A few of the
services that were added to RJM's scope include, but were not limited to:
• Retaining wall design and detailing for the SCE equipment necessary for a
successful undergrounding of the existing above -ground facilities
• Redesign of the existing parking lot, east of the tennis courts, to minimize the
gradients at parking stalls, provide ADA access across the new drive apron,
• resurfacing and restriping the entire parking lot and revising the access ramp to
the restroom on the north side of the tennis courts
• Revision of the grading plan to expand the footprint of the tot lot area and allow for
a `Global Motion' play apparatus
• Development of artwork for the seat wall in the 2 to 5 -year old area that will also
serve as a seek and find activity for the children
• Design and detail of a new shade structure at the team staging area with security
lighting
• Design and development of custom playground elements to include an educational
component
• Developing plans and details for the restoration of the existing arbor members at
the restroom building
rem
Grant Howald Park Rehabilitation — Award of Contract No
7476-2 (19P11)
July 14, 2020
Page 5
Staff requests that City Council authorize the City Manager to approve payments to
Southern California Edison (SCE) and AT&T for project design services, equipment and
installation necessary in order to underground the existing above -ground utilities related
to the project. The estimated cost of these improvements is $750,000.
Staff requests approval for Amendment No. 1 to the current Professional Services
Agreement with RJM Design Group, Inc. increasing the not -to -exceed fee amount from
$281,790 to $354,950 (Attachment C). RJM's existing contract also provides for
construction support in the form of responses to Requests for Information, change order
review, and submittal reviews. The project drawings and specifications are available
upon request.
VARIOUS OTHER COSTS
Other items that will be expensed to the project will include printing costs for plans and
specifications, community outreach mailings for project updates, geotechnical
observation and testing, and miscellaneous incidentals costs. These items will be
expensed to the relevant on-call contracts and purchase agreements.
ENVIRONMENTAL REVIEW:
On May 14, 2019, City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301—Class 1 (Existing
Facilities) and Section 15302—Class 2 (Replacement or Reconstruction) of CEQA
Guidelines, because this project involves the maintenance of existing facilities and will be
reconstructing existing facilities on the same site as the facility replaced. The project will
have substantially the same purpose as the facility replaced.
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 — RAL Non-responsive bid letter dated June 22, 2020
Attachment C — RJM Amendment No. 1
6-5
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PROJECT LOCATIONS
Attachment A
JOHN WAYNE
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VICINITY MAP
NOT TO SCALE
GRANT HOWALD PARK
REHABILITATION PROJECT
LOCATION MAP
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CITY OF
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UNIVERSITY
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7476-2 1 7/14/20
6-6
ATTACHMENT B
CITY OF NFINPOPT 131FAft,.
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 1 949 644-3308 FAX
newportbeachca.gov/publicworl<s
June 22, 2020
Via Certified Mail (Return Receipt Requested)
Via E -Mail alec@teamraL com
RAL Investment Corporation
Attm Alex Lopez, CFO & Ricardo Lopez, President
10065 Old Grove Rd., Suite 200
San Diego, CA 92131
Subject: Determination of Non -Responsiveness of Contractor's Bid,
Grant Howald Park Rehabilitation Project C-7476-2
Dear Mr. Lopez,
The City of Newport Beach ("City") received the bid submitted by RAL Investment
Corporation ("Contractor") on June 12, 2020, in response to the City's bid package
(Attachment 1) and corresponding Addendum No. 1 (Attachment 2) for the Grant Howald
Park Rehabilitation Project C-7476-2 ("Project").
As stated in the City's Notice Inviting Bids, Instructions to Bidders, page 3, paragraph 1,
all bidders are required to submit a number of documents, including but not limited to:
• All Addenda to Plans and Specifications issued by the Agency prior to Bid
Opening Date;
• Non -Collusion Affidavit;
• Designation of Sureties; and
• Proposal Acknowledgement.
Additionally, as stated on the signature page of Addendum No. 1 issued for the Project,
all bidders must sign Addendum No. 1 and attach it to the bid proposal, otherwise a bid
"may be deemed unresponsive."
In submitting its bid response, Contractor's bid did not include the following documents:
• Information regarding the specialty subcontractors specified in Addendum
No. 1;
• Signed Addendum No. 1;
• Non -Collusion Affidavit;
• Designation of Sureties; and
• Proposal Acknowledgement.
As stated on the City's Notice Inviting Bids for the Project, Instructions to Bidders, page
4, paragraph 6, the City reserves the right to reject any bid and to waive any minor,
immaterial irregularity or informality in such bids. The City has not determined that the
defects in Contractor's bid are immaterial. Similarly, the City has not determined to waive
the defects in Contractor's bid. If a bid defect is material, the City must reject the bid.'
Contractor's bid, as evident from the face of the bid, without outside investigation or
information, does not literally comply with, and deviates from, the bid requirements
because it fails to include the required submittals identified above. These defects could
have affected the amount of the bid, given Contractor an advantage or benefit not allowed
to other bidders, or affect the ability of the City to make bid comparisons.2 For this reason,
you are hereby notified that Contractor's bid for the Project is nonresponsive.
If you have any questions or comments, or wish to provide evidence to refute the
determination, please contact me at 949-644-3321 or tsandefur(aD-newportbeachca.gov.
Sincerely,
Tom Sandefur
Assistant City Engineer
Cc: Jim Houlihan, Deputy Public Works Director/City Engineer
Aaron Harp, City Attorney
Attachments: 1) Bid Package
2) Addendum No. 1
See, e.g., ,ti1('Al Construction, lnc. r. (VIY u10('olinlY ofStin Francisco (1908) 66 Cal. App. 4th
)59.373-77.
Sce, Desill'a Gales ('onslr. r. Depurlmew of 7runsp. (20 15) 2421 Cal. App. 4th 1409, 1423).
Konica Business .1/crchs. (.'.,S'., I., lnc. r. Regcnl.sof Univ. otCal. (1988) 206 Cal. App. 3d 449.
=456-37.
.:
ATTACHMENT C
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH RJM DESIGN GROUP, INC. FOR
GRANT HOWALD PARK REHABILITATION DESIGN
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 14th day of July, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and RJM DESIGN GROUP, INC., a
California corporation ("Consultant"), whose address is 31591 Camino Capistrano, San
Juan Capistrano, California 92675, and is made with reference to the following:
RECITALS
A. On September 11, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Consultant to provide design services related to the
Grant Howald Park rehabilitation project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows. -
1 .
ollows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be replaced in its entirety with the Exhibit B
attached hereto and incorporated herein by reference ("Services" or "Work").
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Twenty
Nine Thousand Three Hundred Thirty Dollars and 001100 ($329,330.00), without prior
written authorization from City.
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
HOR
including all reimbursable items and subconsultant fees, in an amount not to exceed
Seventy Three Thousand One Hundred Sixty Dollars and 001100 ($73,160.00).
Additionally, the City has allocated a contingency amount of Twenty Five
Thousand Six Hundred Twenty Dollars and 001100 ($25,620.00) for unexpected costs,
for a total not to exceed amount of Three Hundred Fifty Four Thousand Nine Hundred
Fifty Dollars and 001100 ($354,950.00). No portion of the contingency shall be expended
without prior written approval of City's Project Administrator. No billing rate changes shall
be made during the term of this Agreement without the prior written approval of City."
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
RJM Design Group, Inc. Page 2
6-10
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1p %-o
By:
Aar C. Harp �•3o•La
City Attorney
ATTEST:
Date:
is
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: RJM Design Group, Inc.,
a California corporation
Date:
By:
Larry P. Ryan
Vice President
Date:
Anita M. Weaver
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
RJM Design Group, Inc. Page 3
6-11
EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform the following additional Services:
1. Provide new interior and exterior LED lighting, and interior paint at existing
restroom building.
2. Design and detail new shade structure at team staging area with security
lighting, east of existing restroom.
3. Redesign and detail existing parking lot, east of tennis courts, to minimize
gradients at parking stalls and drive aisle, comply with Americans with Disabilities Act of
1990 ("ADA") access across new drive apron, resurface and restripe parking lot, and
provide new lot security lighting due to the eliminate of the adjacent Musco light pole.
Revise access ramp to restrooms and provide resurface and restripe of parking lot with
modified ADA parking stalls, north of tennis courts.
4. Expand footprint of existing tot lot area to the east, to allow for 'Global
Motion' play apparatus. Requires revised grading plan with new cut/fill calculations and
expanded limits of grading to toe of slope.
5. Develop artwork for seat wall in 2-5 year old play area. This work included
the design participation of an independent artist to develop the artwork discussed for this
elevation. Note: review of submittals, shop drawings, etc. shall be performed hourly during
the construction administration phase.
6. Prepare CAD base files for Southern California Edison's ("SCE") use for
proposed utility undergrounding. The base file is prepared utilizing existing digital site
survey and city provided as-builts to draft pertinent underground infrastructure for SCE.
7. Provide retaining wall design and detail at proposed SCE transformer
location. Provide plan coordination with SCE and AT&T regarding the location and
impacts on adjacent improvements to accommodate the proposed SCE transformer.
8. Revise construction, grading, planting, irrigation and electrical plans and bid
quantities to accommodate expanded SCE transformer enclosure.
9. Prepare site plan options for ballot box.
10. Remove and replace select arbor members at existing arbor on northern
and southern side of restroom. Provide plans and details noting restoration of existing
arbor members.
11. Provide water line and drinking fountain along 5th Avenue +1- 300' south of
tot lot limits. Add base image to all base plans to indicate such.
RJM Design Group, Inc. Page A-1
6-12
12. Design and development of custom 'Octopus' tot lot element, 'Kelp Forest'
panel in 2 - 5 year old tot lot area and 'Tide Pool' panel for the 5 - 12 year old tot lot area.
13. Provide irrigation design at northwestern and southeastern planter areas at
existing tennis courts. Reference such improvements as optional items for contractor bid
- pending City review and potential inclusion of such in scope of work to be provided for
by contractor.
14. Provision of bollards at and around the tot lot walkways.
RJM Design Group, Inc. Page A-2
6-13
EXHIBIT B
SCHEDULE OF BILLING RATES
Design Services (Phases 1- 6): $224,870.00
Optional Service No. 1 (Phase 7): $21,300.00
Reimbursable: $10,000.00
Amendment No. One $73,160.00
TOTAL:
Contingency:
TOTAL NOT -TO -EXCEED:
RJM DESIGN GROUP, INC.
PRINCIPAL LANDSCAPE ARCHITECT
ASSOCIATE LANDSCAPE ARCHITECT
LANDSCAPE ARCHITECT/ PROJECT MANAGER
JOB CAPTAIN / LANDSCAPE DESIGNER
CADD TECHNICIAN
GRAPHICS
CLERICAL
$329,330.00
$25,620.00
$354,950.00
Hourly Rates:
$165.00
- $185.00 per hour
$145.00
- $155.00 per hour
$130.00
- $140.00 per hour
$115.00 - $125.00 per hour
$100.00
- $110.00 per hour
$ 90.00 per hour
$ 75.00 per hour
Relmbursables and subconsultant charges shall be at cost plus 10%.
RJM Design Group, Inc. Page B-1
6-14