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SR 02-09-2016 3D City Council Report City Council Regular Meeting: February 9, 2016 Agenda Item: 3.D 1 of 7 To: Mayor and City Council From: Martin Pastucha, Director, Public Works, Civil Engineering Subject: California Incline Pedestrian Overcrossing Funding Adjustment Recommended Action Staff recommends that the City Council: 1. Amend Action #2 of Item 3.I on the November 10, 2015 agenda and authorize the City Manager to negotiate and execute a separate contract in lieu of a first modification to contract #10025 with MCM Construction, Inc. in an amount not to exceed $1,900,000 for construction of the California Incline Pedestrian Overcrossing. Executive Summary In conjunction with the work being done on the California Incline, t he City is working to repair and rebuild the California Incline Pedestrian Overcrossing (Overcrossing) and the Idaho Trail (Trail) that scales the bluff from the beach to Palisades Park. This project addressed the need to replace the Overcrossing, improve drainage, mitigate bluff erosion, and improve the usability of the Trail. The Overcrossing and Trail project is locally funded and in compliance with the California Environmental Quality Act (CEQA) environmental regulations per previous City action. The project is categorically exempt per Sections 150302 and 150304 of the CEQA Guidelines. On November 10, 2015, Council approved the inclusion of the Overcrossing and Trail Project by modifying MCM’s existing contract. MCM is the construction company currently building the California Incline Bridge and Roadway. This requires adding a new scope of services for MCM to complete its work. However, modifying the existing MCM contract would activate federal regulations and require that it meet National Environmental Policy Act (NEPA) environmental regulations. Staff was informed by Caltrans Local Assistance that obtaining NEPA approval would require additional studies, environmental reports, and reviews that would likely add nine to twelve months to the project timeline. Therefore, staff recommends entering into a separate contract with MCM to alleviate the need to initiate a new and separate Federal NEPA process (while still conforming with equally stringent California CEQA requirements). This would keep the project on schedule for completion before July 3, 2016 (barring any weather delays). The project will remain within the $1,900,000 budget previously authorized. 2 of 7 Background The Overcrossing crosses over the California Incline Bridge and Roadway between Ocean Avenue and Pacific Coast Highway (PCH). The Trail goes diagonally up the bluff to Palisades Park and exits near Idaho Avenue. To the west, the Trail and Overcrossing connect to another pedestrian overcrossing (owned by Caltrans) that goes over PCH, providing pedestrian access to the beach from Palisades Park (Attachment B). Bi-annual inspection reports for the Overcrossing performed by the Los Angeles County Department of Public Works (LACDPW) per an agreement with Caltrans, have consistently given the Overcrossing a poor structural rating. These reports have indicated the need to repair the delamination and spalling in the deck surface, patch spalls in the south girder, replace missing tie wires in the bottom of the pedestrian fence, and rebuild the east slope to stabilize the staircase and walkway. On April 2, 2014, TY Lin (the structural engineer that designed the California Incline Bridge and Roadway) completed a Structural Assessment Report for the Overcrossing and Trail to provide a more detailed and thorough assessment than the LACDPW bi- annual reports. TY Lin are experts in civil and structural engineering and are considered by staff to be well-qualified to assess this structure. This report concluded that a portion of the Overcrossing should be replaced, and the structure is in need of seismic retrofitting and rehabilitation work to patch concrete. Additionally, recommendations were made to improve the bridge aesthetics. The report also suggests improvements to the Trail which has numerous erosion and drainage maintenance issues. On January 27, 2015 (Attachment C), Council awarded a construction contract to MCM Construction, Inc. (MCM), in an amount not to exceed $15,690,211 for the construction of the California Incline. On August 25, 2015 (Attachment D), Council awarded a professional services agreement to TY Lin to provide engineering design services for the Overcrossing and Trail Project in an amount not to exceed $411,827. On August 28, 2015 the City processed and filed a CEQA Notice of Exemption completing the 3 of 7 CEQA process. On November 10, 2015 (Attachment A), Council approved the conceptual layout of the Overcrossing and authorized the City Manager to negotiate and execute a modification to the existing MCM contract in an amount not to exceed $1.9 million for the construction of the Overcrossing. Discussion After the November 10, 2015 Council approval of the bridge layout and authorization to modify the contract, staff continued the design process and began pursuing the construction of the Overcrossing and Trail project as a modification to the existing MCM contract. The existing MCM contract is for work that is paid for primarily from Federal Transportation funds. By being part of the same contract, the Overcrossing and Trail project became subject to the requirements of the Federal Highway Administration. Federal Highway Administration projects approval process is administered through Caltrans. Caltrans requested that the City obtain revalidation of the existing NEPA document for the California Incline due to the increased scope of work created by the addition of the Overcrossing to this project. After a kick-off meeting with Caltrans, City staff expected the revalidation to be a quick process and provided Caltrans with a new Preliminary Environmental Study (PES) as requested. The City undertook the CEQA review of the Overcrossing earlier in the year. Based upon this review, the proposed Overcrossing is categorically exempt from CEQA pursuant to Section 15302 and 15304 of the CEQA Guidelines. On August 25, 2015, the City processed and filed a CEQA Notice of Exemption completing the CEQA process. In response, Caltrans requested additional project information and instructed the City to complete an updated Finding of Effect (FOE) (included in the initial Environmental Impact Report / Environmental Assessment) because of the potential visual impacts caused by the addition of the Overcrossing. This FOE would then need to be reviewed and approved by both the Caltrans and the State Historic Preservation Officer (SHPO), resulting in additional agreement with the Federal Highway Administration. These processes could likely add four to 12 months to the project timeline. This would require 4 of 7 the California Incline closure to be extended for an additional 12 months, or require the City to open the Incline, then close it at a later date for a second time to complete t he Pedestrian Overcrossing work. Caltrans staff suggested that the best course of action to keep the project moving forward in a timely manner and minimize delay in the California Incline opening would be to construct the project under a new contract with MCM. The Overcrossing and Trail project only utilizes City funds. By not combining this portion of the contract with the broader California Incline Bridge Replacement work that utilizes federal funds, the Overcrossing and Trail would not be required to adhere to NEPA regulations. By utilizing a separate contract, the project would only need to meet to CEQA regulations, which had been completed in August 2015. Contractor Selection On October 27, 2014, the City published Bid #SP2059 for the California Incline Bridge Replacement Project, which is currently being constructed by MCM. The bid was posted on the City’s online bidding site, and notices were advertised in the Santa Monica Daily Press and the Los Angeles Times in accordance with City Charter and Municipal Code provisions. The City Clerk’s office received five sealed bids, which were publicly opened by the Deputy City Clerk on December 16, 2014. The bids were evaluated based on competitive pricing, understanding of the project’s scope, direct experience with similar projects, approach to the work, technical competence, qualifications of the proposed staff, and the ability to meet the project schedule. Staff verified with the Contractors State License Board that MCM Construction’s license is current, active, and in good standing. Staff contacted reference agencies listed by the contractor to ascertain past performance on similar projects. Based on these criteria, staff recommended MCM as the best bidder for the construction of the California Incline Bridge Replacement Project. This recommended action was approved by City Council on January 27, 2015. The choice to utilize MCM for the construction of the Overcrossing and Trail projects 5 of 7 without initiating a new competitive bidding process is not normally utilized, but applied in this unusual case due to cost savings, expediency in construction, and overall benefit to the community. The City’s Municipal Code Section 2.24.080 “Exceptions to Competitive Bidding”, section 2.24.080(b) states that competitive bidding is not applicable when “competitive bid procedures have already been utilized” and when “services can be provided to the City at the same or better price”. Competitive bid procedures were utilized when selecting MCM for the California Incline Bridge Replacement Project. Staff is confident that the Overcrossing and Trail projects, attached to the Incline, can be constructed by MCM at a better price than other qualified potential bidders because of low mobilization costs, a lower cost of lab or due to the construction crew’s expertise and familiarity with the existing site, and traffic control cost savings due to not having to install and uninstall new traffic control measures for the re - closure and re-opening of the California Incline. In addition to the costs savings associated with utilizing MCM to perform the Overcrossing and Trail work, there is also significantly less public disruption with this scenario. If the project were competitively bid as a separate project, the California Incline would need to be closed to the public during the duration of the California Incline Bridge project again in the future for the Overcrossing construction. Contracting with MCM to perform the work now while they are already on site completing the Californ ia Incline Bridget Replacement will avoid future circulation disruptions. Next Steps TY Lin would continue with the expedited design and prepare construction plans and specifications. The plans and specifications would be reviewed by City departments, and upon approval, MCM and the City would negotiate a final price and execute a new contract. The project would then be expeditiously constructed. Alternatives If the City does not authorize the execution of a separate contract with MCM for construction of the Overcrossing and Trail then that project could only be completed after the California Incline is reopened to the public. This option would require a second 6 of 7 closure of the California Incline which would significantly increase project costs through new bidding process, additional traffic control to close the incline a second time, and further inconvenience the public through the closure of the roadway during the second construction period. Construction Schedule Staff estimates that construction of the Overcrossing and Trail will add an additional two to three months to the closure of the California Incline. The California Incline Bridge project began on April 20, 2015 and is scheduled to be completed by April 20, 2016. With the Overcrossing construction added, it’s estimated both structures and the Trail would be completed by July 3, 2016 (not including potential weather related delays). If this contract is not approved the delay for necessary Federal approvals could result in a 4 to 12 month delay prior to start of construction. Financial Impacts and Budget Actions There are no immediate financial impacts or budget actions required as a result of this recommendation. The contract to be executed with MCM Construction is for an amount not to exceed $1,900,000, which is the same amount that was approved on November 10, 2015 for the MCM contract modification. The $1,900,000 will now be used for a separate contract with MCM to complete the Overcrossing. Funds are available in the 7 of 7 FY2015-16 Capital Improvement Program budget. The contract will be charged to the following accounts: C010678.589000 $1,700,000 C040678.589000 $ 200,000 TOTAL $1,900,000 Prepared By: Zach Pollard, Civil Engineer Approved Forwarded to Council Attachments: A. November 10, 2015 Staff Report (Web Link) B. Site Map C. January 27, 2015 Staff Report (Web Link) D. August 25, 2015 Staff Report (Web Link) Reference:    Contract No. 10250   (CCS)