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Home My WebLink About07 - Dover Shores Traffic Calming Improvement — Award of Contract No. 7998-1 (19T12)TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report April 27, 2021 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Antony Brine, City Traffic Engineer tbrine @newportbeachca.gov PHONE: 949-644-3329 TITLE: Dover Shores Traffic Calming Improvement — Award of Contract No. 7998-1 (19T12) ABSTRACT: In response to resident concerns about speeding and cut -through traffic in the Mariners and Dover Shores neighborhoods, a comprehensive neighborhood traffic calming study was completed in October 2019. The final traffic calming study provides a specific plan for speed cushions and traffic striping improvements in the two neighborhoods to help address the residents' concerns. Due to the need to make budget reductions during the Covid-19 pandemic, the project funding was removed and not included in the FY 2020- 21 Capital Improvement Program budget. At the January 12, 2021 City Council meeting, the City Council approved the traffic study, and follow-up resident petitions for traffic calming improvements, and directed staff to advertise the project and appropriate the necessary funds at the time of contract award. Staff has since prepared bid documents for the project and received construction bids for the Dover Shores Traffic Calming Improvement Project. Staff requests City Council approval to award the construction contract to AToM Engineering Construction, Inc. Staff additionally recommends approval of the attached budget amendment that appropriates $169,162 from the unappropriated General Fund balance for the project. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities such as existing highways and streets, sidewalks, and gutters involving negligible or no expansion) of the CEQA Guidelines; b) Approve the project plans and specifications; c) Award Contract No. 7998-1 to AToM Engineering Construction, Inc, for the total bid price of $151,962, and authorize the Mayor and City Clerk to execute the contract; 7-1 Dover Shores Traffic Calming Improvement — Award of Contract No. 7998-1 (19T12) April 27, 2021 Page 2 d) Establish a contingency of $15,200 (approximately 10 percent of total bid) to cover the cost of additional unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 21-038 authorizing the appropriation of $169,162 from unappropriated General Fund balance to Account No. 53601-980000-19T12 for the Dover Shores Traffic Calming Improvement project (19T12). DISCUSSION: At 10 a.m. on April 8, 2021, the City Clerk opened and read the bids for the Dover Shores Traffic Calming Improvement Project. The bids are as follows: BIDDER TOTAL BID AMOUNT Low* Superior Pavement Markings $144,704 2nd AToM Engineering Construction, Inc $151,962 3rd Sterndahl Enterprises, Inc $203,250 *Non -Responsive Bid The City of Newport Beach (City) received three bids for this project. A review of the bid package submitted by Superior Pavement Markings, the apparent low bidder, revealed that the bidder failed to meet the minimum bidding requirements of possessing a Contractor's License Classification "A" as outlined in the project specifications, and their bid was deemed non-responsive. On April 12, 2021, a letter was sent to Superior Pavement Markings informing them of staff's determination (Attachment B). Staff recommends award of this construction contract to the second lowest bidder, AToM Engineering Construction, Inc. The second bidder, AToM Engineering Construction, Inc., possesses a California State Contractor's License Classification "A" as required by the project specifications. A review of references for AToM Engineering Construction, Inc. shows satisfactory completion of similar contracts for other municipalities. The low bid was 18% percent above the Engineer's Estimate of $129,300. The disparity between the bid and the Engineer's Estimate was attributed to a higher than expected cost to deliver and install the traffic calming devices. All bids were close and competitive. The proposed project includes installing speed cushions and signing and striping improvements on roads within the Mariners and Dover Shores neighborhoods, specifically on streets that met the requirements of Council Policy L-26. If approved, 15 total speed cushions will be installed along the following streets: Santiago Drive, Commodore Road, Highland Drive, Mariners Drive, and Dover Drive. The project will also install traffic calming signing and striping along Santiago Drive, Tradewinds Lane, Commodore Road, Highland Drive, Mariners Drive, Dover Drive, and Polaris Drive. There is community support for the improvements, as was documented in the Mariners and Dover Shores Traffic Calming Study. 7-2 Dover Shores Traffic Calming Improvement — Award of Contract No. 7998-1 (19T12) April 27, 2021 Page 3 Pursuant to the Contract Specifications, the Contractor will have 40 consecutive working days to complete the work. Work is tentatively scheduled to start in June 2021. FISCAL IMPACT: Funding for this project was originally included within the FY 2019-20 Capital Improvement Program budget. However, due to the need to budget reductions during the Covid-19 pandemic, the project funding was removed and not included in the FY 2020- 21 Capital Improvement Program budget. Per recent City Council direction to proceed with the construction of this traffic calming project, staff requests approval of a budget amendment that appropriates $169,162 from the unappropriated General Fund balance to Account No. 53601-980000-19T12. Proposed fund uses are as follows: Vendor Purpose AToM Engineering Construction, Inc Construction Contract AToM Engineering Construction, Inc Construction Contingency Various Incidentals $ 151,962 $ 15,200 $ 2,000 Total: $ 169,162 Staff recommends establishing $15,200 (approximately 10 percent of total bid) for contingency purposes and unforeseen conditions associated with construction. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities such as existing highways and streets, sidewalks, and gutters involving negligible or no expansion) of the CEQA Guidelines. 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 — Notice of Non -Responsive Bid Attachment C — Budget Amendment 7-3 Attachment A Roadway Widths = Traffic Calming Striping and Raised Features \ o / O= Approximate Location of Speed Cushion \ Ab =Striped Bul6vut Dover Shores Traffic Calming Improvements Location Map ❑kt— 71g Right Fega Linn 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -7998C-7998-11 04/27/21 ATTACHMENT B CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/publicworks Sent via Certified Mail (Return Receipt Requested) and via E -Mail to: darren(cb-superiorpavementmarkings.com Superior Pavement Markings Inc. Attn: Darren Veltz, Chief Financial Officer 5312 Cypress Street Cypress, CA 90630 April 12, 2021 Subject: Determination of Non -Responsiveness of Contractor's Bid C-7998-1 Dover Shores Traffic Calming Improvements Dear Mr. Veltz: The City of Newport Beach ("City") received the bid submittal of Superior Pavement Markings Inc. ("Contractor") on April 8, 2021 in response to the City's Notice Inviting Bids ("Bid Package") (Attachment 1) for the Dover Shores Traffic Calming Improvements ("Project"). The City's Instructions to Bidders (Attachment 1, PDF page 1 of 23) requires the successful Contractor to have an "A" class license. In submitting its bid response, Contractor failed to fulfill the City's requirements for the following reasons: 1. Contractor did not have the required "A" class license at the time of submittal. For these reasons, the City has determined that Contractor's bid for the Project is nonresponsive. As you are aware, pursuant to Section 7 of the Instructions to Bidders the City reserves the right to reject any bid and to waive any minor, immaterial irregularity or informality in such bids. If a bid defect is material, the City must reject the bid. (See, e.g. MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.AppAth 359, 373- 77.) The City has determined that the defects in Contractor's bid are material. As such, the City has determined not to waive these defects in Contractor's bid. The bid defects could have affected the amount of the bid or given Contractor an advantage or benefit not allowed to other bidders. (See Konica Business Machs. U.S.A., Inc. v. Regents of Univ. of Cal. (1988) 206 Cal. App. 3d 449, 456-57.) If you have any questions or comments, please contact me at 949-644-3329 or tbrineCc�newportbeachca.gov. Sincerely, Tony Brine, P.E., T.E. City Traffic Engineer Cc: Jim Houlihan, Deputy Public Works Director/City Engineer Adrian Rodriguez, Project Engineer Attachments: 1) Bid Package (as submitted by Superior Pavement Markings, Inc.) 7-6 ,EWPORT ATTACHMENT C �� City of Newport Beach 0 2 BUDGET AMENDMENT CACI FOf a 2020-21 BA#: 21-038 Department: Public Works ONE TIME: ❑ Yes ❑ No Requestor: David Webb Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Date U1 COUNCIL APPROVAL REQUIRED City Clerk: Date .nrL.M114 111V17 r-Vr% r[G%.rVGJ I. o transfer General Fund unappropriated fund balance to the Neighborhood Enhancement fund to award a contract agreement to ❑ from existing budget appropriations ToM Engineering Construction, Inc. for the Dover Shores Traffic Calming Improvement Project. The project's proposal includes ❑ from additional estimated revenues lstalling speed cushions and signing and striping improvements on roads in the Mariners and Dover Shores neighborhoods. O from unappropriated fund balance he contract award follows a comprehensive City Council approved neighborhood traffic calming study. REVENUES Fund # Org Object Project Description Increase or Decrease $ 536 53601 691010 NEIGHBORHOOD ENHANCEMENT - TRANSFER IN GENERAL FUND 169,162.00 EXPENDITURES Fund # Org 010 01099 536 53601 Object Project 991536 980000 19T12 Subtotall $ 169,162.00 li Description Increase or Decrease $ GENERAL FUND INTERFUND TRANSFR - TRANSFER OUT NBR ENHANCEMENT 169,162.00 NEIGHBORHOOD ENHANCEMENT - CIP EXPENDITURES FOR GL 169,162.00 FUND BALANCE Fund # Object 010 1300000 536 300000 Description - ------ ----- - - GENERAL FUND -FUND BALANCE CONTROL NEIGHBORHOOD ENHANCEMENT - FUND BALANCE CONTROL Subtotall $ 338,324.00 Increase or Decrease $ — (169,162.00) 169,162.00 Subtotal $ Fund Balance Change Required 7-7