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AGENDA STAFF REPORT
DATE: April 14, 2014
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: NOTICE OF COMPLETION FOR THE PIER PLAZA
STORAGE VAULT EMERGENCY REPAIRS PROJECT
NO. BP1401
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6448:
1. Declaring damages to the Pier Plaza Storage Vault to be a public
nuisance, deeming certain work to be of urgent necessity, and authorizing
the City Manager to execute repair contracts as necessary without
advertising for bids:
2. Accepting the Pier Plaza Storage Vault Repairs Project No. BP1401 by
Golden State Constructors, Inc. in the amount of$55,000;
3. Approving Budget Amendment No. 14-10-01 in the amount of $20,000 for
additional construction costs; and
4. Directing the City Clerk to File a "Notice of Completion" with the Orange
County Clerk-Recorder within ten (10) days from the date of acceptance,
and to release retention in the amount of $2,750 in 35 days.
BACKGROUND AND ANALYSIS:
The City of Seal Beach owns, within its Public Right-of-Way, a storage facility.
This facility is located adjacent to Main Street and to Ocean Avenue on the
southeastern side of the pier. The storage room fronts to the 10th Street Parking
lot and is paved on the roof which allows for public viewing and vehicular and
bike parking.
During a site visit during the summer of 2012, staff became aware of possible
structural deficiencies in regards to this storage room. The area directly above
the storage room was cordoned off and a structural engineering firm, Dale
Christian Structural Engineers, was contracted to perform a Limited Structural
Investigation (LSI) to determine if the room was damaged and needed repairs or
if the City could reopen the viewing area above the room.
Agenda Item C
The LSI identified structural deficiencies in the storage room, including the roof.
Due to these deficiencies, the engineering firm recommended that the
parking/viewing area above the storage room remain cordoned off to the general
public until the roof and other parts of the room were reconstructed. The City
then contracted with Dale Christian Structural Engineers to design repairs to the
storage room in order to make the room and viewing area structurally safe.
On January 27, 2014, the City Council awarded a contract to Golden State
Constructors, Inc. for the Pier Plaza Storage Vault Repairs Project No. BP1401 in
the amount of$38,400.
The project originally consisted of constructing a concrete roof replacement,
certain wall repairs, and a new roll up door to the existing exterior storage room.
This initial stages of construction included demolition of the roof and sawcutting
out certain sections of failed wall. During construction, it was determined, that
the damage to the walls was worse than originally observed and anticipated.
Most of the exterior walls that were to remain and the retaining walls were
severely fractured and damaged to the point of needing immediate replacement.
Staff received some cost estimates from the Contractor to perform different forms
of repairs to the storage room. One consisted of repairing the interior walls, and
leaving the area open, with no future storage room or viewing area. A second
option involved adding an interior pillar; however, the structural engineer was not
agreeable with this option. The third, involved adding two new interior walls,
flush with the existing fractured walls. This would allow the new roof to be tied
into newly poured walls with new rebar. The third option was determined to be
the best option.
The dangerous condition of the storage room was a threat to the public health,
safety and welfare and constituted a public nuisance per section 7.35.010 of the
Seal Beach Municipal Code which reads:
"A Public Nuisance is ... anything which is injurious to health,
indecent or offensive to the senses, or an obstruction to the free
use of property, so as to interfere with the comfortable enjoyment of
life or property by a neighborhood or by a considerable number of
persons... The City Council shall have the power to declare by
resolution that any particular act or condition constitutes a
nuisance."
Hence, staff recommended repairs immediately. The proposed repairs needed
to be implemented so that the retaining walls, the viewing area, and park being
held in place by them, would not be threatened. Any delays could have
adversely affected City property and the public's ability to use that City property.
The project is now complete to the satisfaction of the City Engineer. This project
was inspected and it meets all standards and requirements within the project
Page 2
specifications. It is required to formally accept the project and file a notice of
completion with the Orange County Clerk.
ENVIRONMENTAL IMPACT:
City staff previously determined that this project was exempt from the California
Environmental Quality Act (CEQA) and is categorically exempt under section
15301(d) of the CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed the proposed resolution and approved as to
form.
FINANCIAL IMPACT:
Funds were approved in the 2013-2014 Fiscal Year Budget for the Pier Plaza
Storage Vault Repairs Project in the amount of $50,000. Those funds were not
sufficient to fund the construction of this project. During award, the City
budgeted an additional $10,000. The recommended actions include
expenditures as follows:
Budget Amendment No. 14-10-01 in the amount of $20,000 is recommended to
provide sufficient funds for construction, emergency work and to cover the
necessary associated construction costs for this project.
Below is a summary and breakdown of expenses for the project:
Description Amount
Construction $ 38,400.00
Emergency Change Order $ 16,600.00
Design $ 9,400.00
Construction Inspection $ 6,000.00
Materials Testing $ 8,000.00
Total $ 78,400.00
The total cost of amount paid to Golden State Constructors, Inc. for
construction/change orders is $55,000.
RECOMMENDATION:
That the City Council adopt Resolution No. 6448:
1. Declaring damages to the Pier Plaza Storage Vault to be a public
nuisance, deeming certain work to be of urgent necessity, and authorizing
the City Manager to execute repair contracts as necessary without
advertising for bids:
Page 3
2. Accepting the Pier Plaza Storage Vault Repairs Project No. BP1401 by
Golden State Constructors, Inc. in the amount of$55,000;
3. Approving Budget Amendment No. 14-10-01 in the amount of $20,000 for
additional construction costs; and
4. Directing the City Clerk to file a "Notice of Completion" with the Orange
County Clerk-Recorder within ten (10) days from the date of acceptance,
and to release retention in the amount of$2,750 in 35 days.
SUBMITTED BY: NOTED AND APPROVED:
Sean P. Crumby, E. II Ingram, City Man ger
Director of Public Works
Prepared by: David Spitz, Associate Engineer
Attachments:
A. Resolution No. 6448
B. Notice of Completion
C. Change Order Cost Estimate
Page 4
RESOLUTION NUMBER 6448
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DECLARING A NUISANCE, DEEMING CERTAIN WORK TO BE
OF URGENT NECESSITY PURSUANT TO THE CITY CHARTER
RATIFYING THE CITY MANAGER'S DECISION TO APPROVE
CERTAIN REPAIR WORK WITHOUT ADVERTISING FOR BIDS
FOR A NEW CONTRACT, AND DECLARING WORK TO BE
COMPLETED PER CONTRACT DOCUMENTS FOR PIER PLAZA
STORAGE VAULT REPAIRS PROJECT NO. BP1401
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. In 2012, the City became aware of possible structural deficiencies
in the Pier Plaza Storage Vault (Vault) located adjacent to Main Street and to
Ocean Avenue on the southeastern side of the pier. The area directly above the
vault was cordoned off and a structural engineering firm, Dale Christian
Structural Engineers,was contracted to perform a Limited Structural Investigation
(LSI) to determine if the room was damaged and needed repairs or if the City
could reopen the viewing area above the room. The LSI identified structural
deficiencies in the storage room, including the roof. The parking/viewing area
above the storage room was therefore cordoned off to the general public.
Section 2. On January 27, 2014, the City Council awarded a contract to
Golden State Constructors, Inc. (Contractor) for the Pier Plaza Storage Vault
Repairs Project No. BP1401 (Project) in the amount of $38,400 to repair the
storage room and make the room and the viewing area directly above,
structurally safe.
Section 3. On March 4, 2014, during the scheduled demolition of the roof and
parts of the walls to the Vault, parts of the existing walls that were expected to
remain as part of the Project crumbled and were destroyed. It was also
discovered that the remaining retaining walls were more severely deteriorated
than the prior inspection could have determined. These remaining retaining walls
were holding up parts of Eisenhower Park and certain beach viewing areas.
Based on the results of an inspection, City staff determined that certain urgent
repairs are needed to prevent a full collapse.
Section 4. Section 7.35.010 of the Seal Beach Municipal Code defines a
public nuisance to include:
"...anything which is injurious to health, indecent or offensive to the
senses, or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property by a neighborhood or by
a considerable number of persons.... The city council shall have the
power to declare by resolution that any particular act or condition
constitutes a nuisance.
Section 5. Based on the conditions of the Vault, the City Manager determined
that immediate action was necessary to abate the nuisance as quickly as
possible and authorized the Contractor to perform certain work beyond the scope
of the Project, including the addition of two new interior walls, flush with the
existing fractured walls, so that the new roof could be tied into newly poured
walls with new rebar. The additional work has been completed by the Contractor
and the City Engineer has determined that the Project and additional repairs
have been substantially completed in accordance with the contract documents.
Section 6. Based upon the foregoing and upon the entirety of the record,
including but not limited to the staff report and other evidence submitted at the
council meeting,the City Council hereby finds and declares as follows:
A. The dangerous condition of the Vault was a threat and injurious to
the public health, safety and welfare and constituted a public nuisance that
Resolution Number 6448
required immediate abatement. In the absence of repair, there was an
immediate danger that retaining walls were holding up parts of Eisenhower Park
and certain beach viewing areas would collapse. The repair needed to be
implemented so that the coast and its precious resources would no longer be
threatened. The action was the least environmentally damaging alternative. Any
delays would have adversely affected the users and visitors to the beach and
Eisenhower Park.
B. Repairing the Vault constitutes: an emergency pursuant to City
Charter Section 107; a matter of urgent necessity as that term is used in City
Charter Section 1010; and a nuisance pursuant to Municipal Code Chapter 7.35.
Section 7. Based upon the foregoing, and in accordance with City Charter
Section 1010, the Council deems that work, supplies and materials needed to
repair the Pier Plaza Storage Vault are of urgent necessity for the preservation of
life, health or property and hereby ratifies the City Manager's decision to approve
the additional repair work without advertising for bids for a new contract.
Section 8. The work required to be performed by Contractors has been
completed and accepted. A "Notice of Completion"shall be filed on behalf of the
City in the Office of the Orange County Recorder within 10 days of the date of
this resolution.
Section 9. The Council hereby approves Budget Amendment No. 14-10-02 for
the cost of repairing the Vault to modify the Fiscal Year 2013/2014 budget as
follows:
REVISED/
ADOPTED PROPOSED BUDGET(dif)
DESCRIPTION ACCOUNT BUDGET BUDGET AMENDMENT
Contract Professional 045-333-44000 $8,014,319 $8,034,319 $20,000
Transfer In 045-000-31500 $8,014,319 $8,304,319 $20,000
Transfer Out 001-080-47000 $6,921,298 $6,641,298 $20,000
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of April , 2014 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6448 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 14th day of April 2014.
City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
`** No Recording Fee Pursuant to Government Code Section 6103, 27383 **''
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
April 4, 2014. The work was Pier Plaza Storage Vault Repairs Project. No. BP1401.
6. The name of the contractor(s), if any, for such improvement was: Golden State Constructors,
Inc. The date of the Contract Award was January 27, 2014.
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: Pier Plaza, City of Seal
Beach.
Date:
Director of Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on 2014, at Seal Beach, California.
(Date of Signature)
Director of Public Works, City of Seal Beach
David Spitz
From: Ronnie Cochran <ron @goldensci.com>
Sent: Tuesday, March 04, 2014 5:21 PM
To: David Spitz
Subject: RE: stand down
David,
Pretty informal but below is the costs you requested, option 1 is the best and I am giving you a fair price
because I think in the long run this is the only way to do the project, start from scratch:
1. Complete rework of all walls and new door $16,600 - additional work than was bid
A. Saw cut and tear down the remaining stub walls
B. Form new interior walls and pour with new deck(for retaining purposes)
C. Install new roll up door
2. Remove existing stub walls, delete roofing and exterior walls Credit to city ($-10,100)
A. Saw cut and tear down the remaining stub walls
B. Form new interior walls and pour with new deck(for retaining purposes).
C. Costs associated with what we already have done to date
3. Cost to shore one interior wall $8800
A. Form interior wall along East side of room and pour monolithic with roof.
B. Install new roll up door
All costs above account for the additional saw cutting and extra wall that we have already incurred.
Let me know ASAP how we are going to proceed.
Thanks,
Ronnie Cochran
GSCI
714-625-8758(p)
714-625-8295(f)
-------- Original Message --------
Subject: stand down
From: David Spitz <DSpitz @sealbeachca.gov>
Date: Tue, March 04, 2014 3:55 pm
To: "Ronnie Cochran (ron @goidensci.com)" <ron @goldensci.com>
We may have to stand down for a bit actually Ronnie. Not only do I need your
quotes, but I need to run them up the chain to get approval and I need to have
the Structural Engineer give me a stamped design that you can build to. Not sure
how long this will take, but your quotes will start the process off.
David Spitz, P.E., QSD Associate Engineer
City of Seal Beach -211 Eighth Street, Seal Beach, CA 90740
(562) 431-2527 Ext. 1331
i