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HomeMy WebLinkAbout23 - 04BA-078 - C-3698 - Green Acres Project - Domestic Swivel Ell ConnectionsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 23 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori, P.E. 949 -644 -3311 msinacori@city.newport-beach.ca.us SUBJECT: GREEN ACRES PROJECT — DOMESTIC SWIVEL ELL CONNECTIONS FOR NEWPORT BEACH AND BIG CANYON COUNTRY CLUBS - AWARD OF CONTRACT NO. 3698 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3698 to GCI Construction for the Total Bid Price of $196,600 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $20,000 to cover the cost of unforeseen work. 4. Approve a Budget Amendment increasing revenue estimates in the Water Fund, 500 -5901, by $125,256 and increasing expenditure appropriations in the amount of $216,600 in Account No. 7501- C5500075 using $91,344 from Water Enterprise Fund Future Infrastructure Reserve 500 -3785. DISCUSSION: At 2:00 P.M. on June 14th, 2004 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low GCI Construction $196,600.00 2 ARB, Inc. 210,800.00 The low total bid amount is 12 percent above the Engineer's Estimate of $175,000. The low bidder, GCI Construction, possesses a California State Contractors License Classification A as required by the project specifications. GCI Construction has recently been low bidder on several City projects and has performed very well on those past projects. Subject: Green Acres Project — Domestic Swivel Ell Connections for Newport Beach and Big Canyon Country Clubs — Award of Contract No. 3698 June 22, 2004 Page: 2 Per the Contract Specifications, the Contractor will have 30 consecutive working days to complete the work, which allows for the two country clubs to utilize the domestic connections during the troublesome months of August, September, and October. BACKGROUND On January 16, 1991 the City and Orange County Water District (OCWD) entered into an agreement regarding the distribution and sale of Green Acres Project Water (GAP). Because of the Orange County bankruptcy many projects were put on hold by OCWD including this one. However, in July 1996 a settlement agreement was reached with Defend the Bay whereby excess reclaimed water from Irvine Ranch Water District (IRWD) would be utilized by GAP in the winter months. This four party settlement agreement between IRWD, OCWD, the City, and the Orange County Sanitation District was the catalyst for embarking on the GAP extension into Newport Beach to five reclaimed water customers: Newport Mesa Unified School District for Eastbluff Middle School and CDM High School; the Bluffs Homeowners Association; Bonita Creek and Eastbluff Parks; and Newport Beach Country Club (NBCC) and Big Canyon Country Club (BCCC). Standard end user agreements for NMUSD, The Bluffs HOA, and City were executed in September 23, 1996. Because of concerns regarding the GAP product water quality, very detailed end user agreements were prepared for BCCC and NBCC, which were executed on December 10, 1996. The agreement with BCCC and NBCC provides for added protection if the GAP product water causes damage to the courses and allows them to request a switch back to domestic water supply if they can correlate the damage to GAP product water. Section 4 of the End User Agreement with BCCC and NBCC provides the following seven step procedure if the clubs experience water quality problems from GAP: 1. User shall notify City of the Problem. 2. City will investigate the problem within three (3) days of such notification 3. If City agrees that a problem exists, City will attempt to remedy the problem. If City is unable to remedy the problem within thirty (30) days after City receives such notice from User, City will terminate the flow of Project Water to the site and provide potable water in its place. 4. If City does not agree that a problem exists, City will notify the user and will meet to discuss the issues within seven (7) days of such notification. 5. If City and User are still unable to agree whether a problem exists, City and User shall select a mediator. City and User shall then present their views to Subject: Green Acres Project— Domestic Swivel Ell Connections for Newport Beach and Big Canyon Country Clubs— Award of Contract No. 3698 June 22, 2004 Page: 3 the mediator, and the mediator shall decide whether a problem exists. City and User agree to be bound by the mediator's decision; however, City and /or User may pursue the matter through arbritation as provided in Section 18 of the End -User Agreement 6. If a mediator decides that a problem exists, the mediator shall proscribe the course of action City must take to remedy the problem. City must attempt immediately thereafter to remedy the problem in the manner proscribed. If City is unable to remedy the problem within thirty (30) days or receipt by ....... City will terminate flow of Project Water to Site and provide potable water in its place. 7. If the mediator decides that no problem exists, User must continue to accept Project Water as contemplated herein. Though the City is responsible for any damage caused by the GAP Product Water, OCWD controls the production of the product water. NEWPORT BEACH COUNTRY CLUB On June 10, 2002 the City was first notified of the water quality problems at NBCC. They noted excessive "salt" buildup from the use of GAP product water which they started using on November 18, 1999. The City requested documentation of the salt buildup after only three years of GAP use and after review, a short term switch to potable water was allowed to "flush" the salts through the soil. However, the existing domestic connection from Pacific Coast Highway and associated pump station to the course did not have the capacity to serve the facility and a switch was made back to GAP within a month, though complete salt flushing was not accomplished. On January 30, 2003 NBCC requested in writing that the City explore a swivel ell connection at the point of reclaimed water connection off Santa Barbara Drive. A swivel ell connection is the only approved Department of Health Services (DOHS) way of allowing dual connection to a reclaimed and domestic system. It essentially constructs piping that can either swivel between the domestic or reclaimed source but, through this type of piping, it is impossible to cross connect the two systems. Through the use of OCWD's consulting engineer, a plan was prepared for a domestic swivel ell connection and was bid to a few contractors doing work in the City. Surprisingly, the cost of the swivel ell connection was between $120,000 and $150,000 through the in- formal bid process and the City and NBCC abandoned this effort with the hopes of finding a more cost effective solution in modifying their existing domestic connection from Pacific Coast Highway. After months of review and estimates of over $200,000 to improve the existing connection, NBCC in October 2003 again requested that the swivel ell connection be installed on Santa Barbara Drive. The issue became Subject: Green Acres Project— Domestic Swivel Ell Connections for Newport Beach and Big Canyon Country Clubs —Award of Contract No. 3698 June 22, 2004 Page: 4 critical for NBCC; when they discovered that the soil condition had become sodic and requested an immediate switch to domestic supply, which was done on October 28, 2003. The Staff at the City and OCWD would recommend moving forward with a new domestic connection only if a three way cost sharing would be contemplated by NBCC. On April 9, 2004 NBCC notified the City in writing that they would commit to a one third cost sharing of the new connection and request that the City move forward immediately. However, OCWD has since experienced severe budgetary issues and were unable to assist in funding this connection. NBCC has deposited their one third funding to accomplish the new connection, and if Council approves, the City would be responsible for the remaining two thirds. BIG CANYON COUNTRY CLUB On August 29, 2003 BCCC notified the City of their problems with GAP and requested a potable water swivel ell connection off of Jamboree Road near the point of reclaimed water service. Prior to conversion to the use of GAP, BCCC was in the planning for the reconstruction of their irrigation system, several fairways and all greens. Grant funds in the amount of $608,000 from the City and OCWD were provided to BCCC to compensate for the additional dual piping to allow the use of reclaimed water. The new irrigation system also included an emergency interconnection to the domestic system in the central part of the course. Unlike BCCC, NBCC had upgraded their irrigation system in the late 1980's and did not make provisions for the emergency connection to domestic use. They only received a $241,000 reimbursement towards the cost of their irrigation system reconstruction. BCCC began accepting reclaimed water on April 19, 1999 and during the first year of operation periodic system problems required them to convert back to domestic use. It was realized then that the capacity of their emergency domestic connection was inadequate and they requested that the City pay another $20,600 for upgrades to this emergency connection. Since the City and OCWD had already committed funds to construct an emergency domestic connection, BCCC was asked to explore the use of this planned emergency connection prior to the City allowing a new connection. And, since public funds were already spent by the City and OCWD, BCCC was required to fund any and all modifications. On March 26, 2004 BCCC notified the City that they had prepared the plans for improvements of their emergency connection and requested that the City seek approval for the implementation. Though the plans were only modifications to the existing emergency connections, the newly implemented DOHS guidelines for domestic connections to reclaimed systems made it difficult to approve their request from BCCC. BCCC would prefer the connection off Jamboree Road (April 29, 2003 letter request) and a true swivel ell can be constructed to satisfy DOHS at that location. A letter was sent to BCCC on April 13, 2004 summarizing the issues and requesting a $60,000 deposit for the design and construction of the swivel ell connection off Jamboree Road. Subject: Green Acres Project — Domestic Swivel Ell Connections for Newport Beach and Big Canyon Country Clubs — Award of Contract No. 3698 June 22, 2004 Page: 5 On April 21, 2004 BCCC deposited the required funds and City embarked on the design efforts for their swivel ell connection considered in this Council action. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funding Availability: The BCCC overall share of this construction contract is $90,256. BCCC will deposit the required $30,256 in additional funding above the deposited $60,000 prior to execution of the construction contract. NBCC is contributing one third of the construction funding towards their connection. The $35,000 deposited is essentially one third of the overall cost for their connection and no further funding has been requested. The recommended Budget Amendment appropriates the deposited funds from the two clubs and provides the additional $91,344 from the City's Water Enterprise Fund Future Infrastructure Reserve, Account No. 500 -3785, to the following account for the project: Account Description Green Acres Project Prepared by: M' ael J. Sinacori, P.E. incipal Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Account Number Amount 7501- C5500075 $216,600 Submitted by: h6n G. Badum is Works Director W LL Z 0 zz Z 0 F U ac O w a 0 n. Z cn < ww �W w U Z� O� ."..aw w 1% FORD RD. .. w Q� U m J J O ° J W wU uoW 0J na> 1 LL U- z 0 3 awn Z U O} L� a z Z -`� Z wO0 L9 o U d m U w -� w ozo 2 W W 0-Zz aoz � O F-I w J U C7 M W , U Qwo OW � Q SHIN Ninow NVS wU)= 0�UQ U�-w u w H FMri O W o O SPA a Cl- w Z �• 6 �Z� to 0U> aUa m b It 0 3 W7 m U f2s f J y } Oa IL z w o z U Z U Q W m O a W Z LL O } U Z 11J Q a w 0 Y Cr O U J Co M IL 9 C 7 7 O � W o < o Q o p N W 2 p U N U 0 U v h O y U ? 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BA- 04BA -078 BUDGET AMENDMENT 2003 -04 AMOUNT: $zls,soo.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates for contributions made by the Big Canyon Country Club and the Newport Beach Country Club and to expenditure appropriations from the Water Fund Future Infrastructure Reserve for the Green Acres project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 500 3785 REVENUE ESTIMATES (3601) Fund /Division Account 500 5901 EXPENDITURE APPROPRIATIONS (3603) Description Water - Future Infrastructure Reserve Description Water Fund - Contributions Amount Debit Credit $91,344.00 $125,256.00 Division Number Account Number Signed: r�2��s4 Financial Approval: Administrative Services Director Date Signed: / / z /3 p Administrative proval: City Manager Datt Signed: City Council Approval: City Clerk Date Description Division Number 7501 Water Fund Account Number C5500075 Reclaimed Water Irrigation Project $216,600.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: r�2��s4 Financial Approval: Administrative Services Director Date Signed: / / z /3 p Administrative proval: City Manager Datt Signed: City Council Approval: City Clerk Date