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HomeMy WebLinkAbout12 - Citywide ADA Improvements — Award of Contract No. 9943-1 (26R12)Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report February 24, 2026 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315, atran@newportbeachca.gov Lauren Wooding Whitlinger, Real Property Administrator - 949-644-3236, Iwooding@newportbeachca.gov TITLE: Citywide ADA Improvements — Award of Contract No. 9943-1 (26R12) ABSTRACT: The City of Newport Beach (City) received construction bids for the Citywide ADA Improvements project and requests City Council approval to award the construction contract to Heed Engineering of Foothill Ranch. This project will reconstruct deteriorated concrete sidewalks, curb ramps, driveway approaches, and gutters to meet standards set by the Americans with Disabilities Act (ADA). RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Approve Budget Amendment No. 26-051 appropriating $582,000 in new expenditures from the Community Development Block Grant to Account No. 12050502-821004- 26R12; d) Award Contract No. 9943-1 to Heed Engineering for the total bid price of $429,400 for the Citywide ADA Improvements project, and authorize the Mayor and City Clerk to execute the contract; e) Establish a contingency of $86,000 (approximately 20% of the total bid); and f) Approve Contract Amendment No. One to the Professional Services Agreement with Michael Baker International, Inc. for Annual CDBG Administration and Affordable Housing Monitoring (Contract No. 9932-1) to increase the total contract amount by $31,185 for labor compliance services for the Citywide ADA Improvement project, for Citywide ADA Improvements — Award of Contract No. 9943 (26R12) February 24, 2026 Page 2 a total not -to -exceed contract amount of $427,435, and authorize the City Manager and City Clerk to execute the amendment. DISCUSSION: The proposed project is primarily located in the Eastbluff, Bayview Heights, Santa Ana Heights and Airport Area communities, and at various isolated locations throughout the City. Proposed improvements include removing and reconstructing deteriorated concrete sidewalks, curb ramps, driveway approaches, and gutters to eliminate potential tripping hazards. This project also includes constructing new curb ramps at intersections currently without ramps to improve access. These improvements will be consistent with City standards and the ADA. The ADA was enacted in 1990 and prevents discrimination against individuals with disabilities. All private and public infrastructure improvements are required to adhere to ADA design guidelines, which were established by the Architectural and Transportation Barriers Compliance Board (Access Board). The City developed an ADA Transition Plan in 2013 to address ADA deficiencies throughout the City. Many ADA improvements, through the City's Capital Improvement Program (CIP), have been completed since 2013. Staff continues to include ADA improvements on nearly all CIP projects. Community Development Block Grant (CDBG) funds became available to the City for accessibility improvement projects in 2025 and 2026. The City recently completed the San Miguel Park Accessibility Playground Improvements project, which was partially funded with CDBG funds. This construction contract will use CBDG funding to further improve accessibility within the public right-of-way. At 10 a.m. on January 8, 2026, the City Clerk opened and read the following bid for this project: BIDDER TOTAL BID AMOUNT Low Heed Engineering $ 429,400.00 2nd Towo Enterprise Inc $ 491,400.00 3rd S&H Civilworks $ 495,900.00 4th Golden Coast Construction $ 499,020.55 5th CJ Concrete Construction, Inc. $ 522,150.00 6th TVR Construction Engineering LLC $ 529,975.00 7th Kalban, Inc $ 550,500.00 8th Turn Around Communication $ 578,500.00 9th Marjani Builders, Inc. $ 586,400.00 10th Grigolla & Sons Const., Co., Inc. $ 610,600.00 11th Premo Construction Inc $ 601,645.00 12th LCR Earthwork & Engineering, Corp. $ 628,500.00 13th Van Engineering Inc $ 632,200.00 14th Global Builders Inc $ 649,888.00 15th Gentry General Engineering Inc. $ 651,431.00 16th LC Paving & Sealing, Inc. $ 653,250.00 Citywide ADA Improvements — Award of Contract No. 9943 (26R12) February 24, 2026 Page 3 17' Diamond Construction $ 654,950.00 18t" DASH CONSTRUCTION COMPANY INC $ 685,075.00 19t" Nieves General Engineering, INC. $ 708,075.00 20t" ALL AMERICAN BUILDING SERVICES $ 734,550.00 21St Nationwide Contracting Services, Inc $ 777,000.00 22nd All Cities Engineering, Inc $ 781,100.00 23rd Armstrong Cal Builders Inc. $ 924,530.00 The City received 23 bids. The low bidder, Heed Engineering, possesses a California State Contractor's License Classification "A", as required by the project specifications. A review of references for Heed Engineering shows satisfactory completion of similar contracts for other municipalities. Heed Engineering's bid was 36% below the engineer's estimate of $670,000. The difference between the low bid and engineer's estimate is likely associated with the decreased costs of concrete and the competitive construction market. Pursuant to the contract specifications, the contractor will have 40 consecutive working days to complete the project. Construction is scheduled to start in March with completion prior to the start of the Fiscal Year 2025-26 Slurry Seal Program. The project plans and specifications will be available for review at the February 24, 2026, City Council meeting or upon request. To ensure the project conforms to the U.S. Department of Housing and Urban Development's (HUD) requirements under the CDBG program, the City's CDBG administration consultant, Michael Baker International, Inc. (MBI), will provide labor compliance services before, during, and after completion of the project. The proposed Amendment No. One to the professional services agreement with MBI increases the not - to -exceed amount of the contract by $31,185, which will be funded by the CDBG as part of the capital project. FISCAL IMPACT: Upon approval of the proposed Budget Amendment, the CIP budget will include sufficient funding for the award of this contract. The Budget Amendment appropriates $582,000 in additional expenditure from the CDBG account. The following funds will be expended: Account Description CDBG Account Number e I,1217.Z1 d 12050502-821004-26R12 $ 582,000 Total: $ 582,000 Citywide ADA Improvements — Award of Contract No. 9943 (26R12) February 24, 2026 Page 4 Proposed fund uses are as follows: 0131 TieMe Heed Engineering Heed Engineering Geocon West, Inc. Various Michael Baker International Purpose Construction Contract Construction Contingency Materials Testing Printing & Incidentals Labor Compliance Services Total: Amount $ 429,400 $ 86,000 $ 31,588 $ 3,827 $ 31,185 $ 582,000 The CDBG Program was initiated by Congress in 1974 as part of the Housing and Community Development Act. The program is funded directly by the United States Congress and is administered by the U.S. Department of Housing and Urban Development. Due to the favorable bid pricing received, staff recommends establishing a 20% contingency allowance in order to include additional needed concrete improvements from the backlog as well as any unknow construction issues that may arise. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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 Attachment C — Amendment No. One with Michael Baker International, Inc ATTACHMENT A LEGEND • - ACCESS RAMP LOCATIONS -SIDEWALK REPAIR LOCATIONS CITYWIDE ADA IMPROVEMENTS LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-9943-1 02/24/2026 IFw apR� City of Newport Beach BUDGET AMENDMENT �C, Fory n 2025-26 Department: Community Development Requestor: Theresa Schweitzer ❑ CITY MANAGER'S APPROVAL ONLY P] COUNCIL APPROVAL REQUIRED ONETIME: ❑ Yes ❑ No Attachment B BA#: 26-051 Clerk: Date iinistrative Services Director: Date f /f / / zet Manae��frDate d� Lnry IVM I wiv . rvn nL UL1 . V U To appropriate the Community Development Block Grant for the Citywide ADA Improvements project. This project will ❑ from existing budget appropriations reconstruct deteriorated concrete sidewalks, curb ramps, driveway approaches, and gutters to meet standards set by ❑ from additional estimated revenues the Americans with Disabilities Act (ADA). ❑ from unappropriated fund balance I EXP Fund # 0 DITURES Fund # Org Object 120 12050502 821004 Protect Description Project 26R12 Description CDBG - GRANT EXPENSES Subtotal Subtotal Increase or (Decrease Increase or (Decrease) $ 582,000.00 BALANCE Fund # Object Description Increase or (Decrease) $ 120 300000 COMM DEVL BLK GRANT FUND - FUND BALANCE CONTROL (582,000.00) Subtotall $ (582,000.00)1 Fund Balance Change Required Attachment C AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR ANNUAL CDBG ADMINISTRATION & AFFORDABLE HOUSING MONITORING THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 24th day of February, 2026 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation ("Consultant"), whose address is 500 Grant Street, Suite 5400, Pittsburgh, PA 15219, and is made with reference to the following: 0xyllrlI&I A. On July 22, 2025, City and Consultant entered into a Professional Services Agreement (Contract No. C-9932-1) ("Agreement") for Annual CDBG Administration & Affordable Housing Monitoring ("Project"). B. The parties desire to enter into this Amendment No. One to reflect additional Services not included in the Agreement, as amended, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 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 supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." 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 Four Hundred Twenty Seven Thousand Four Hundred Thirty Five Dollars and 00/100 ($427,435.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty One Thousand One Hundred Eighty Five Dollars and 00/100 ($31,185.00). 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] Michael Baker International, Inc. Page 2 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: By: Aa n C. Harp (0 �� ►0 n City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Seimone Jurjis City Manager CONSULTANT: MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation Date: By: By: Lena Shumway Richard Beck City Clerk Vice President, Office Executive, and Assistant Secretary Date: By: Fareeha Kibriya Vice President and Office Executive [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Michael Baker International, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Michael Baker International, Inc. Page A-1 I N T E R N A T I O N A L PROPOSAL FOR LABOR COMPLIANCE SERVICES City of Newport Beach —Housing Authority Citywide ADA Improvement Estimated Work Hours Review of Pre -Construction Phase Compliance Activities and Files — Total: 60 hours Description Hours Create Labor Standards Enforcement Files. 10 Prepare Contractor Verification files. 15 Review of Prime's Bid Package for Federal Compliance. 10 Review of contract award notice. Prepare if missing. 5 Review of City's contract award activity files. Prepare if missing. 5 Review of pre -bid meeting documents. Prepare if any missing. Attend pre -bid meeting. 10 Prepare compliance and wage presentation for pre -con meeting. Attend pre -construction meeting. 5 Total 60 The following items will be included in the Scope of Services above. 1. Verification that City, and its principals, or any/all persons, contractors, consultants, businesses, etc. ("Developer Associates"), that City is conducting business with, are not presently debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation or from receiving federal contracts or federally approved subcontracts or from certain types of federal financial and nonfinancial assistance and benefits with the Excluded Parties Listing System ("EPLS"). EPLS records are located at www.sam.gov. 2. Single comprehensive list of Developer Associates (individuals and firms) and evidence of the search results of each Developer Associate as verification of compliance with this requirement, as provided in, "Contractor Debarment Certification Form." Jodate Project Files with • Pre -Con Compliance forms 0 Onsite Employee Notices and Posters • Authorization/Designation of Payroll Officer 0 Federal and State prevailing wages • DAS 140 & 142 forms 0 Project Funding Type Announcement • Fringe Benefit Statement Construction Phase — Total: 90 hours Description Hours Review weekly payrolls, apprentice information, training funds report, and supporting compliance documents. Review of the subs' federal compliance submittals. Prepare Monthly Status Report to Prime Contractor and City. (3 hours per week for up to 16 weeks) 48 Work with contractors to correct discrepancies and prepare findings report to City. 30 Conduct 3 onsite visits for employee interviews. (4 hours per site visit) 12 Total 90 Post -Construction Phase —Total: 100 hours Description Hours Remedy /Review Sec. 3 discrepancies in support of compliance close-out. 50 Prepare compliance close-out (finalize contractors' compliance files and file delivery. 30 Participate in Close-out Meeting/File Review. 10 Prepare HUD Semi -Annual and Annual Reports for assigned project, if requested and applicable. 10 Total 100 EXHIBIT B SCHEDULE OF BILLING RATES Michael Baker International, Inc. Page B-1 FY 2025-2026 SCOPE OF SERVICE FISCAL YEAR BUDGET (NTE) CDBG Administration July 1, 2025 —June 30, 2026 $19,000 Affordable Housing Monitoring July 1, 2025 —June 30, 2026 $10,500 HUD Report —CAPER July 1, 2025 —June 30, 2026 $21,000 Materials and Supplies July 1, 2025 —June 30, 2026 $5,000 Labor Compliance Services July 1, 2025 —June 30, 2026 $31,185 Title Labor Compliance Project Manager 2026 Hourly Rates $183 Project Manager S167 Labor Compliance Officer S144 Labor Compliance Specialist $136 Labor Compliance Analyst (Field Technician $120 Labor Compliance Admin $98