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HomeMy WebLinkAbout11 - BA-046 - C-3459 - Jamboree Road Median ImprovementsJune 11, 2002 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: JAMBOREE ROAD MEDIAN IMPROVEMENTS - AWARD OF CONTRACT NO. 3459 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Allow Oakridge Landscape, Inc., to withdraw their bid. 3. Award Contract No. 3459 to Mega Way Lighting Inc., for the Total Bid Price of $250,055.73, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $25,000.00 to cover the cost of unforeseen work and testing. 5. Approve a Budget Amendment authorizing an increase of $100,300 to Account No. 7261- C5100580 from the unappropriated balance of the Transportation and Circulation Fund. DISCUSSION: At 11:00 A.M. on May 29, 2002, the City Clerk opened and read the following bids for this project: Oakridge Landscaping Inc., indicated they made several clerical errors in their bid and have asked to be allowed to withdraw their bid. Staff has reviewed the documentation supplied by the contractor and approves the contractor's request. BIDDER TOTAL BID AMOUNT Low Oakridge Landscape Inc. * $156,172.17 2 Mega Way Lighting Inc., dba Mega Way Enterprises $250,055.73 3 Pima Corporation $263,717.00 4 Nakae & Associates $266,466.00 5 Southland Construction $268,065.00 6 Nativ Engineering $274,449.40 7 S & M Landscape Inc. $279,370.65 * Corrected Bid Amount is $146,108.81 Oakridge Landscaping Inc., indicated they made several clerical errors in their bid and have asked to be allowed to withdraw their bid. Staff has reviewed the documentation supplied by the contractor and approves the contractor's request. Subject: Jamboree Road Median Improvements — Award of Contract No. 3459 June 11, 2002 Page: 2 The lowest responsible Total Bid Amount is 4 percent below the Engineer's Estimate of $260,000. The lowest responsible bidder, Mega Way Lighting Inc., possesses a General "A" contractor's license as required by the project specifications. A check of Mega Way Lighting Inc., references indicates they have satisfactorily completed various similar improvement projects for other Southern California agencies. This project provides for a cooperative project between the City of Newport Beach and the City of Irvine for design and installation of landscape improvements on the Jamboree Road Medians between Bristol Street North and Campus Drive. A Cooperative Agreement has been approved by both City Councils and signed by the Mayors of each city. Since the improvements are within both the City of Newport Beach and the City of Irvine, the City of Irvine has agreed to reimburse the City of Newport Beach for their portion of the construction costs, estimated at $77,800 for construction and $10,530 for administrative and inspection services. There are sufficient funds available in the following accounts for the work: Account Description Account Number Amount Transportation and Circulation 7261 - 135100580 $200,232.73 Contributions (from City of Irvine) 7251- C5100580 74,823.00 Total: $275,055.73 Respectfully sybmitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: - Stephen . Luy, P. t-:. Project Manager Attachment: Project Location Map Bid Summary Oakridge Landscape letter Draft Cooperative Agreement 05/30/2002 13:38 9496536597 DAKRIDGE PAGE 01 1,1 e# 799SSS May 30, 2002 To: City Of Newport Beach 3300 Newport Blvd. Newport Beach i CA. 92658 Attw Public Works Department Stephen J. Luy Project Manager Regarding; Jamboree Rd. Median Improvements contract # 3459 Dear Mr Luy, Please consider this a Form, a[ request that we be released from our bid on the above reference project and that our bid bond be returned. We made several substantial errors in the preparation of our bid. 1.There was no bid item tb cover the low voltage electrical wiring from the controller to the valves. We failed to include these costs in various other bid items. 2. There was no bid item for lateral line piping. We failed to cover this work in the various other bid items. 3. Our unit price number 6 for the installation of moisture barrier covers the cost of material only. We failed to include the labor necessary to dig, install and backfill the moisture barrier. 4. We failed to bid item number 26. 5. In demolition item number 3 we failed to cover costs to fine grade and prep for new concrete. We respectfully request that we be released from our bid. We sincerely apologize for any inconvenienced this has caused you or the City of Newport Beach_ Sind Oakridge Landscape Charles R. John - CPO- 2 V Q W M O M W Z U. O H V Z W F- Q a W O Y d' O V J M D 0. 0 m 00, W H A W _ � N 0 U � d � U L U) s c N p Q W U w " � U U N 0 Q~ J Qa� L O _N O N M r m Z Q W O K N O � p J �Oj c t d a W N a P7 w H W < Q Q (n � Z W 51 O Z w uj a m a 000000800000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0000�o�i000 0 0 0 0 0 0 0 0 0 Zoovolrilri00000000lrioo O O N O •-� 0 0 0 In O O .� d o O o l0 l0 O l0 � n In o o O n c O0 lh 0(h n 00160 m fl7 am co w4-, to M o., O uio.,Na�.: Ldd C 4 .: I+ia C4 (6 .: of icier C4 W; cooava rniri L6 0 o Q N o` U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o o o m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In N a• 0 0 0 £ F O O~ N W m 0 0 O O m W 0 Op O m N O W- 0 0 0 0 0 0 d Z O O O I0 N O O N p V N m O In O M 1 a O a .y .y m N L6 _; .-i m 00 0 0 O O O m. 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CONTRACT TERMS AND CONDITIONS Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established by the Cities of Newport Beach and Irvine, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will cause the construction to be completed. Irvine has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown of the actual construction costs prior to invoicing, and shall be invoiced for its portion of the cost incurred by Newport Beach upon completion of the construction phase. 4. The total cost for the project is estimated at $286,000, which includes a 10% contingency. Subject to prior approval by Irvine of the award for the construction contract, Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $77,800. The total cost for construction administration, survey, testing, and inspection is estimated at $39,000 of which Irvine would be responsible for $10,530. Newport Beach will invoice Irvine when the project is complete and Irvine shall make payment to Newport Beach within 30 days of the invoice. S. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine. 6. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to granting approval with the Contractor. 7. The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is within Irvine City limits. The total annual irrigation and maintenance costs are estimated at $6,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine "DRAFT" will reimburse 25% of that total cost to the City of Newport Beach, estimated at $1675. Irvine will be invoiced annually and payment is due within 30 days of the invoice. 8. Inspectors and/or engineers from both Cities will coordinate for spot construction inspections and a site walk prior to completion of the project. 9. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, the "Owner" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 10. Newport Beach shall require that the independent contractor provide the necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Irvine shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 11. The following staff members, or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: To Newport Beach: Bill Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3321 To Irvine: James H. Eldridge Public Works Department P.O. Box 19575 Irvine, California 92623 -9575 (949) 724 -7556 12. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 13. Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach or the City Manager of Irvine. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. 14. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council, officers, and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims caused by the willful actions or active negligence of Newport Beach, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. "DRAFT" 15. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council, officers, and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims caused by the willful actions or active negligence of Irvine, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 16. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Irvine and Newport Beach. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 17. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until project reimbursement is complete or both parties agree to amend or terminate it. IN WITNESS WHEREOF, Newport Beach and Irvine have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this day of .2002. By: Tod W. Ridgeway, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF IRVINE By: Larry Agran, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney City of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues from unappropriated fund balance X Division SOURCE: PX Account EXPLANATION: NO. BA- 046 AMOUNT: $100,300.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Jamboree Road Median Improvement project, C -3459. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) FundlDivision Account EXPENDITURE APPROPRIATIONS (3603) Description Circulation & Transportation Description Signed Signed: Financial Approval: Administrative Manager Amount Debit Credit $100,300.00 $100,300.00 Director Date oz ate Signed: City Council Approval: City Clerk Date Description Division Number 7261 Circulation & Transportation Account Number C5100580 Jamboree Road Median Imrprovements Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed Signed: Financial Approval: Administrative Manager Amount Debit Credit $100,300.00 $100,300.00 Director Date oz ate Signed: City Council Approval: City Clerk Date