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HomeMy WebLinkAboutItem 08 - Higuera Street Sidewalk Repair Department Name: Public Works Cost Center: 5006 For Agenda of: November 19, 2019 Placement: Consent Estimated Time: N/A FROM: Shelly Stanwyck, Assistant City Manager, Community Services Prepared By: Michael J. McGuire, Senior Civil Engineer SUBJECT: HIGUERA STREET SIDEWALK REPAIR, SPECIFICATION NO. 91320 RECOMMENDATION 1. Approve construction documents for “Higuera Street Sidewalk Repair, Specification No. 91320”; and 2. Authorize Staff to advertise for bids and authorize the City Manager to award the construction contract, if the lowest responsible bid is within the Engineer’s estimate of $295,000. DISCUSSION Background The Higuera Street Sidewalk Repair is a subproject of the 2019-21 Downtown Renewal CIP (Attachment A). The goal of this work is to improve public safety and enhance aesthetics in the downtown core by replacing old and deteriorated sidewalks with the City’s Mission Style Sidewalk. When the initial Downtown Renewal project was implemented in 2012, a small section of the sidewalk located in front of 858 & 860 Higuera Street was not included in the work as there was a basement space below the sidewalk. The sidewalk, which was acting as the ceiling for the basement below it, has deteriorated and needs replacement. As specialized engineering was necessary to support the sidewalk, this became its own separate project from the rest of the Downtown Renewal. Construction funding was made available in 2017 and recently, the repair design work was updated and completed for the current building codes (Attachment B). In March 2019, a small chunk of the sidewalk at this location broke off and fell into the basement. This event indicated that the sidewalk is deteriorating rapidly, and replacement is urgently needed. Initial estimates from 2012, adjusted for inflation, indicated that the project could be completed with the funding in the approved 2019-21 budget. Recently, however, the high demand for contract labor has demonstrated that construction costs are exceeding annual inflation rates, and prior construction estimates would likely be insufficient to fully fund the project. Costs premiums are also expected due to the work being performed at night as well as the unusual constraints of accessing the work site. These factors require staff to request additional funding Item 8 Packet Page 39 for construction. The construction work is anticipated to start in January 2020 and will be completed at night in order to minimize construction impacts to businesses. During business hours, the City’s Contractor is required to provide fully accessible entrances for affected businesses. On September 30, 2019, a letter was sent to the property owner requesting a cost-sharing arrangement between the City and the Owner so that the project could proceed to construction (Attachment C). To date, a written response has not been received. Policy Context Per the October 2018 Financial Management Manual, Council approval is required for Public Projects that cost over $175,000. Section 12.16.020 of the Municipal Code references the State of California’s Streets and Highway Code1 that indicates the adjacent property owner of public sidewalk is required to maintain and replace this sidewalk. The City has a past practice, in many instances, particularly those areas of the downtown, where the sidewalk is used intensively by the public, to maintain and repair it in the interest of public safety and liability avoidance, because the City can be held liable for injuries occurring as the result of sidewalk conditions that are held to be in a dangerous condition to the public. However, as this sidewalk also serves as a roof for a basement; staff reached out to the property owner to no response. Given a failure of this key sidewalk would negatively impact a portion of Higuera Street downtown, staff has pursued this City-funded project but provides an alternative below for Council to consider within the context of existing policy. Public Engagement Annual maintenance for public roadways, including sidewalk reconstruction, was identified and included in the 2019-21 Financial Plan and identified as a Major City Goal. CONCURRENCE This project has the concurrence of the Utilities Department. ENVIRONMENTAL REVIEW The Community Development Department has issued a Notice of Exemption pursuant to Section 15302 Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines. 1 “Streets & Highways Code § 5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons o r property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any perso n other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. [Added by Stats. 1941, Ch. 79]” Item 8 Packet Page 40 FISCAL IMPACT Budgeted: Yes Budget Year: 2019 -20 Funding Identified: Yes Fiscal Analysis: Construction (Engineer’s Estimate):$295,000 Construction Contingencies:$44,500 Printing and Advertising:$500 Special Inspection:$10,000 Total Estimated Project Cost:$350,000 Proposed FY19-20 Funding Allocation: Current Funds:$190,000 Broad Street Project Allocated Funds:$160,000 Total Project Budget:$350,000 Higuera Street Sidewalk Repair, Specification No. 91320 The 2017-19 Financial Plan, page E2-129 to E2-131, identified $160,000 for the construction phase and $30,000 for the construction management phase. This funding was re-appropriated by Council action June 2018 to the Laurel Lane Complete Streets project. New funding of $190,000 was provided in the 2019-21 Financial Plan to support this project; however, the revised cost estimate for construction indicates that an additional $160,000 is needed to fully fund the project. Staff have identified supplemental funds within a separate Downtown Renewal project for the west side of Broad Street between Higuera and Marsh streets. That project contains a budget of $210,000 in Fiscal Year 2019-20 and $640,000 in Fiscal Year 2020-21 for design and construction services. In order to fully fund the Higuera Street Sidewalk Repair project, staff proposes to utilize the portions of the 2019-20 budget from the Broad Street project to fully fund the sidewalk replacement. Any remaining funds will be returned to the Broad Street project. Staff recommends this alternative as the Higuera Street Sidewalk project is fully designed and ready for advertisement. Design for the Broad Street project has not yet begun. However, by proceeding with this funding plan, there is a potential that the Broad Street project will have insufficient funds for construction in Fiscal Year 2020-21 and supplemental funding will need to be allocated at that time or the scope of the Broad Street work will need to be reduced. ALTERNATIVES Deny advertising the Project. The City Council could choose to postpone the project. Staff does not recommend this alternative. Further delay of replacement could lead to failure of the sidewalk, with impacts to the businesses at that sidewalk area coupled with limited pedestrian access along Higuera Street. Emergency repair work would cost substantially more than addressing the repair work now. Item 8 Packet Page 41 Direct Staff to issue a Notice of Correction to Property Owner: Council could make the determination this work is best completed by the property owner and require that this sidewalk be maintained by the property owner in compliance with City Municipal Code Section 12.16.020 Property Owners Responsibility and the State Streets and Highways Code. Section 12.16.020 of the Municipal Code references the State of California’s Streets and Highway Code that indicates the adjacent property owner of public sidewalk is required to maintain and replace this sidewalk. To implement this requirement, the City would notice the property owner of the required repairs. Within two weeks of the Notice of Correction being furnished to the Property Owner, the Property Owner is required to start the sidewalk replacement work and pursue diligently until complete. If the Property Owner fails to start this work within two weeks, the Ci ty could then complete the necessary work. Upon completion of this work, the final cost of the work would be presented to City Council in a Public Hearing in which City Council would make the final determination on whether to lien the property to eventually obtain reimbursement for this cost. This process does not preclude any cost sharing between the property owner and the City and does not preclude Council from approving the project and authorizing advertisement for bids as recommended by staff. Attachments: a - Vicinity Map b - COUNCIL READING FILE - Plans & Special Provisions c - Notice Letter dated September 30, 2019 Item 8 Packet Page 42 Item 8Packet Page 43 City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org   September 30, 2019 Lana Johns 2333 Sunrise Drive Bishop, CA 93514 Subject: Sidewalk Repair – 858-860 Higuera Street Ms. Johns, This letter is in regard to the sidewalk in front of your property in San Luis Obispo, 858-860 Higuera Street. In our last conversation, on August 28, 2019, I updated you that the City had completed a construction cost estimate which clearly indicated that the project was underfunded and could not continue under staff’s authority and that we had concerns about the lack of owner financial participation in the project. Due to the increased cost of the sidewalk repair project, we must go back to the City Council to request additional funding and obtain approval to advertise the project. At this time, the City is concerned about the high cost of the repair work which directly benefits your property. Further, the City of San Luis Obispo’s Municipal Code identifies the curb, gutter and sidewalk in front of your property as being the maintenance responsibility of the property owner. 12.16.020 Property owner’s responsibility – City Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of the Streets and Highways Code of the state. (Prior code § 7330.1) Related, appropriate sections of the Streets and Highway Code which support the cost of repair relationship to the property owner are included as an attachment to this letter. While this is not a notice for correction, the City offers you the opportunity to participate in a cost sharing of this construction work. This project not only provides safer access and benefits to the businesses on your property but it also benefits the community. I am available to discuss with you some proportional cost sharing for this project. Related to our discussion, in an effort to potentially decrease costs, the City requests that there be greater access to the basement of your property during construction (a construction access agreement). As the only access to the basement area is through LuLu Luxe, it will be very difficult, if not impossible, for the Contractor to access this way only once, until an access Item 8 Packet Page 44 opening is created through the sidewalk. All safeguards will be implemented to protect Lulu Luxe and the store contents during any access by the Contractor and its personnel. These measures will be specified in the construction documents for the Contractor to adhere to, and the Contractor will be obligated to pay for any and all damages that are incurred during access. In order to complete this project quickly, staff would like to present this project with a cost sharing arrangement between us to the City Council on November 19, 2019. The City requests that you provide a response as soon as possible so that we may keep the project moving forward. If you have any questions, please contact Matt Horn at 805-781-7191. Sincerely, Mike McGuire Senior Engineer Matt Horn City Engineer Item 8 Packet Page 45 Page intentionally left blank. Item 8 Packet Page 46