TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Raul Saenz, Interim Public Works Director
Mark Leyman, Parks and Recreation Director
Prem Kumar, City Engineer
Ish Medrano, Engineering Technician II
SUBJECT:Title
Award a Construction Contract to Salix Development Company for the Marine Avenue Park Skate Spot Project in an Amount Not-to-Exceed $359,066; and Appropriate $170,000 from the Capital Improvement Fund (Interim Public Works Director Saenz/Parks and Recreation Director Leyman).
APPROVE AND APPROPRIATE FUNDS
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the City Manager to execute a contract in the amount of $359,066 with Salix Development Company for the Marine Avenue Park Skate Spot Project (Attachment 1);
2. Authorize City Manager to approve additional work in an amount not to exceed $53,860 (15%);
3. Approve an appropriation of Capital Improvement Funds in the amount of $170,000 for the Marine Avenue Park Skate Spot Project;
4. Approve the Plans and Specifications for the Marine Avenue Park Skate Spot Project.
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FISCAL IMPLICATIONS:
The City received a $300,000 grant from the Los Angeles County Regional Park and Open Space District. At its meeting on June 7, 2016, City Council appropriated $300,000 from the Capital Improvement Fund which will be fully reimbursed by the Los Angeles County Regional Park and Open Space District grant funds.
Following staff’s review of bids that were opened on August 30, 2016, it was determined that an additional appropriation of $170,000 from the Capital Improvement Fund will be required to proceed with and complete the project. These funds are unappropriated. Thus, no approved 2016/2017 capital improvement projects will be impacted. The budget and expenditures for this project are indicated in Attachment 2.
BACKGROUND:
At the January 19, 2016 City Council meeting, City Council approved Resolution
No. 16-0005 formally authorizing the submittal of the grant application to the Los Angeles County Regional Park and Open Space District for $300,000, and selected the recommended Skate Spot design and Marine Avenue Park as its location. Staff received notice in March, 2016 that the grant approved and the City was awarded for $300,000 for design and construction. Requirements of the grant include project completion by calendar year 2016 and adoption of a Youth Employment Plan.
At the May 3, 2016 City Council meeting, Staff was directed to look into appropriate dedication/recognition options to be incorporated for the late Tom Allard, former Parks and Recreation Commissioner. A trust fund in his name has been established in a City account that will manage donations to fund a proposed bench at the park.
On May 18, 2016, Kanten Russell from Stantec, facilitated a community input meeting. Mr. Russell met with the Manhattan Beach Studios, Manhattan Beach Little League, Sue Allard (Tom Allard’s wife), neighborhood residents and stakeholders from previous skate spot outreach efforts and meetings. The schematic drawings, approved by the City Council, were shared at the community input meeting and were well received. The proposed updates from the community input meeting include a skate staircase, rail feature, elevation changes, and removal of the palm trees to increase the skate-able surface area. Additionally, Mr. Russell met with City staff to discuss the project scope and potential efficiencies during construction.
At the June 7, 2016 City Council meeting, City Council approved the Marine Avenue Park Skate Spot Design (Attachment 3), the Tom Allard Memorial Bench and the site at which the bench will be set.
As part of the Los Angeles County Regional Park and Open Space District County grant, the City must provide a Youth Employment Plan component. The City has allocated $3,000 for the hiring of local youths. Work duties may include preparation and painting of the existing wall on the east side of the proposed site, removal of landscaping, demolition of exercise equipment, and grading.
DISCUSSION:
Construction Bid Proposals
The Marine Avenue Park Skate Spot Project was advertised for bids in the Beach Reporter, the City’s publisher of record, and several standard construction industry publications, including the Dodge Green Sheet, Reed Construction Data, and Associated General Contractors of America. Five bids were received and opened on August 30, 2016 which ranged from a low of $359,066 to a high of $439,890.20 (Attachment 4).
All of the construction bids received were higher than the design engineer’s estimate. Staff had met with the design consultant and a well-known local skate park developer when the item had originally been presented to the City Council, and both individuals estimated the project cost at approximately $300,000. Staff reached out to the consultant following the bid openings who noted that project costs are being inflated due to the high number of projects currently in construction. In addition, staff reached out to the contractors bidding on the project who noted higher costs due to the tight construction time line of 66 days calendar days. This required more workers on the jobsite and the need to pay overtime wages to ensure completion within the contract stipulated timeline. Well paid, highly skilled concrete finishers work on skate park projects, which increases the overall regular and overtime labor costs. Because of the tight timeline, the bidders indicated that they also had to specify a concrete mix with a quick curing time for the majority of the work, adding to the higher cost. The bidders also mentioned that access to the Skate Park site made it difficult to stage the necessary construction equipment and materials. This made the mobilization and demobilization of equipment at the job site more labor intensive and required the use of more specialize equipment.
Salix Development Company’s bid was reviewed by the Public Works Department and found to be responsive. Staff reviewed Salix Development Company’s contractor’s license and found it to be in order. Additionally, reference check by Staff indicated that Salix Development Company has the experience and technical capability to complete the work in a timely and acceptable manner.
Project Schedule
The skate spot is scheduled to be completed in 66 calendar days. The proposed start date for construction is scheduled for October 3rd. In-house Engineering staff and the Stantec will be performing inspection of the work.
Bid Opening: August 30, 2016
Award Contract: September 20, 2016
Start Construction: October 10, 2016
Completion of Project: December 16, 2016
Supplemental Appropriation
It will be necessary to appropriate an additional $170,000 from the Capital Improvement Fund to provide sufficient construction related funding.
Authorization of Construction Contingency
It is recommended that the City Manager be authorized to approve change orders in an amount not-to-exceed $53,860 (15% of contract cost) for additional work resulting from unforeseen conditions.
POLICY ALTERNATIVES:
Do not approve the construction contract to construct the Marine Avenue Park Skate Spot.
PROS:
Funds would not be expended and there would be no construction impacts from
construction of the Marine Avenue Park Skate Spot.
CONS:
The process of selecting an alternate skate spot located in Manhattan Beach would
have to begin all over again. There would be a loss of $300,000 in approved grant
funds.
PUBLIC OUTREACH/INTEREST:
Input for the design was posted on Open City hall and public notices were sent to the surrounding residential area within 500 feet of Marine Avenue Park. Manhattan Beach Studios, Northrop Grumman, Manhattan Beach Little League and stakeholders from previous skate spot outreach efforts and meetings shared their input on the project.
ENVIRONMENTAL REVIEW
Staff has determined that the proposed project is exempt from the requirements of CEQA because it authorizes minor alteration of an existing facility involving negligible expansion of the presently existing use of the property.
LEGAL REVIEW
Staff recommends that the skate spot be unstaffed and open to the public during park hours with proper signage mandating the proper use of safety equipment.
California Health & Safety Code section 115800 states that skateboard riding is a “hazardous recreational activity” for purposes of the hazardous recreational immunity, Government Code section 831.7. To qualify for that inclusion, section 115800 requires that no operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads and knee pads. The law distinguishes between supervised and unsupervised facilities. Under the law, operators of supervised skateboard parks have a legal duty not to permit any person to ride a skateboard therein unless that person is wearing a helmet, elbow pads and knee pads. However, for any facility designed for recreational skateboard use, but not supervised on a regular basis, the applicable legal duty is satisfied if both of the following occur:
1) The local agency adopted an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads and knee pads; and
2) Signs are posted at the facility providing reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads and that any person failing to do so will be subject to citation under the local agency's ordinance.
Additional legislation includes AB 1146, which went into effect on January 1, 2016. This legislation expands the immunity to skate park users operating “other wheeled recreational devices” such as non-motorized bicycles, inline skates, roller skates, scooters, and wheelchairs.
The City Attorney has reviewed and approved the proposed Professional Services Agreement as to form.
Attachments:
1. Agreement with Salix Development Company
2. Budget and Expenditures
3. Skate Spot Rendering
4. Bid Results