HomeMy WebLinkAbout06 - C-3815 - Bristol Street North RehabilitationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
November 14, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Luy
949 - 644 -3311 or sluy @city.newport- beach.ca.us
SUBJECT: BRISTOL STREET NORTH REHABILITATION FROM CAMPUS DRIVE
TO JAMBOREE ROAD - AWARD OF CONTRACT NO: 3815
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3815 to All American Asphalt for the Total Bid Price of
$537,487, and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $53,749 to cover the cost of unforeseen work.
4. Approve a Budget Amendment appropriating $58,000 to Account No. 7251 -
05100875 and increasing revenue estimates by $58,000 representing a
contribution from the County of Orange for work around the intersection of Bristol
Street and Campus Drive.
DISCUSSION:
At 11:00 a.m. on October 31, 2006 the City Clerk opened and read the following bids for
this project:
BIDDER
Low All American Asphalt
2 Sequel Contractors Inc.
3 R.J. Noble Company
4 Excel Paving Company
TOTAL BID AMOUNT
$537,537.00
595,081.00
639,716.05
677,057.10
* Corrected Bid Amount is $537,487
Bristol Street North Rehabilitation From Campus Drive to Jamboree Road —Award of Contract No. 3815
November 14,2008
Page: 2
The low total bid amount is 16 percent below the Engineer's Estimate of $642,000. The
low bidder, All American Asphalt, possesses a California State Contractors License
Classification "A' as required by the project specifications. A check of the Contractors
references indicates they have satisfactorily completed similar projects for the City and
other municipalities.
This project consists of removing and reconstructing roadway, driveway approaches,
curb access ramps, curb and gutter; placing base, asphalt base course, grinding and
placement of asphalt overlay; and other incidental items of work.
On October 10, 2006, the Newport Beach City Council approved an agreement with the
County of Orange to add resurfacing of County owned portions of the intersection at
Bristol Street North and Campus Drive to the Bristol Street North rehabilitation project.
The County has agreed to pay up to $58,000, plus a 10% contingency cost, as its share
of costs for construction in and around the intersection of Bristol Street North and
Campus Drive. A maximum of $163,260 for construction on Bristol Street North will be
provided through Arterial Highway Rehabilitation Program (AHRP) Federal funds
administered through CalTrans.
Per the Contract Specifications the Contractor will have 40 consecutive working days to
complete the work.
Environmental Review:
City staff has reviewed the project and has determined the project is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA
Implementing Guidelines when the project is 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.
Public Notice:
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications. Affected residents and businesses will be noticed by
the Contractor with City prepared notices ten days and two days prior to starting work in
their area.
Geotechnical, Material Testing, and Survey Services:
In addition to the contract costs, approximately $12,000 in material testing is estimated
for this project and $2,000 for printing and other incidentals.
Bristol Street North Rehabilitation From Campus Drive to Jamboree Road — Award of Contract No. 3815
November 14, 2006
Page: 3
Funding Availability:
There are sufficient funds available in the following accounts for the project:
Account Description
Bristol Street Relinquishment
County Contribution
AHRP Funds
Proposed uses are as follows:
Vendor
All American Asphalt
All American Asphalt
On —call Consultant
Various
Prepared by:
TIZ-
V
Step en J. Luy, PE
Project Manager
Attachments: Project Location Map
Bid Summary
County Agreement
Account Number
7253- C5100875
7251- C5100875
7285- C5100875
Total:
Purpose
Construction Contract
Construction Contingency
Materials Testing
Printing and Incidentals
Total:
Submitted by:
.. •�
_,,. ,I
$454,615.00
$33,462.00
$117,159.00
$605,236.00
Amount
$537,487.00
$53,749.00
$12,000.00
$2,000.00
$605,236.00
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Agreement No. D06 -026
AGREEMENT
THIS AGREEMENT, made and entered into as of the date signed by the Mayor, City of
Newport Beach, is, BY AND BETWEEN The CITY OF NEWPORT BEACH, a Municipal
Corporation in the State of California hereinafter referred to as "CITY "AND The COUNTY OF
a political subdivision of the State of California, hereinafter referred to as "COUNTY"..
WITNESSETH
WHEREAS, CITY proposes to rehabilitate Bristol Street North from Campus Drive to Jamboree
Road, hereinafter called PROJECT;
WHEREAS, a portion of Bristol Street North lies within COUNTY's jurisdiction;
WHEREAS, COUNTY desires to rehabilitate at the same time its portion of Bristol Street North
within the PROJECT limits;
WHEREAS, CITY applied and was approved for funding under the Arterial Highway
Rehabilitation Program (AHRP);
WHEREAS, PROJECT construction is Categorically Exempt in conformance with the 2005 CEQA
Statues and Guidelines under Article 19, Section 15 30 1;
WHEREAS, CITY and COUNTY wish to define areas of responsibility for the design, construction
and inspection of PROJECT.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
SECTION I
CITY Shall:
A. Be and is hereby designated as PROJECT Engineer, Contracting and Construction Agent
the parties to do_ and perform all tasks necessary in order to design and construct PROJECT in accordance
with the approved plans, specifications and special provisions and to execute and deliver all documents
.required in connection with the construction and completion of PROJECT, including its Notice of
Completion and Final Accounting Report.
Page I of 6
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Agreement No. D06 -026
B. Submit PROJECT plans, specifications and special provisions to COUN'T'Y for review and
approval by the County Engineer or his designee, hereinafter referred to as "COUNTY ENGINEER ", as to
design and construction features affecting PROJECT within COUNTY limits.
C. During the period of construction, have jurisdiction and control over the PROJECT area
including that portion within the COUNTY limits for the purpose of PROJECT construction and for no
other purpose.
D. Obtain the written concurrence of COUNTY ENGINEER prior to making field decisions or
issuing PROJECT change orders affecting PROJECT's design or costs by 10% or greater of the
COUNTY's deposit to CITY for any portion of PROJECT within COUNTY limits.
E. Not accept improvements under the contract for PROJECT until COUNTY ENGINEER
approves, in writing, the construction as it affects the operations and maintenance of PROJECT within
COUNTY limits within five business days.
F. Furnish and deliver to COUNTY, if requested, all documents required in connection with
the construction and completion of PROJECT.
SECTION II
COUNTY Shall:
A. Review for approval by COUNTY ENGINEER the final plans, specifications and special
provisions as to design and construction features affecting the construction, operation and maintenance of
PROJECT within COUNTY limits within five business days.
9. Be responsible for the entire total cost of PROJECT construction and any approved extra
work for that portion of PROJECT construction within COUNTY limits, plus a proportionate share of the
engineering and inspection costs based on the ratio of the COUNTY's's construction-costs to the total
contract construction costs and deposit the full amount of COUNTY's share of PROJECT construction and
engineering costs with CITY prior to commencement of PROJECT construction. The portion of PROJECI
within COUNTY limits shall be as COUNTY boundaries exist at the time the CITY's Council awards the
contract for PROJECT. Total costs will be determined by multiplying the awarded contract's actual bid
Page 2 of 6
Agreement No. D06 -026
1 unit price by the total number of work items within COUNTY limits. The estimated cost for COUNTY's's
2 portion of PROJECT construction cost is approximately Fifty Eight Thousand Zero Hundred Dollars
3 ($58,000.00), including engineering and inspection costs, materials testing, and construction administration
4 costs, and in no event shall the final cost to COUNTY exceed Fifty Eight Thousand Zero Hundred Dollars
5 ($58,000), plus 10% contingency cost without prior written approval.of COUNTY. County approval for
6 any costs over and above the $58,000, plus 10% contingency costs, shall not be unreasonably withheld
7 provided that the request is supported by complete documentation of the need for and costs of such actions.
$ C. Have access to the PROJECT work area at all times during the progress of construction of
9 PROJECT
10 within COUNTY limits for the purpose of inspection and should COUNTY deem any remedial measures
11 to be necessary, COUNTY shall immediately notify CITY thereof in writing.
12 D. Review completed construction for PROJECT and give CITY approval to accept
13 improvements within COUNTY limits. Approval shall be withheld only for work not completed per the
14 approved.plans and special provisions and approved extra work.
15 E. Not withhold any approval or concurrence without good cause.
16 SECTION III
17 PAYMENTS AND FINAL ACCOUNTING:
18 A. After CITY receives bids for PROJECT construction, COUNTY will, upon CITY's written
19 request, deposit with CITY, COUNTY's's entire share ofPROJECT's construction costs based on actual
20 bid prices.
21 B. Within ninety (90) days after acceptance of the improvement under the contract by
22 CITY, CITY shall submit to COUNTY for review and approval by COUNTY ENGINEER, a Final
23 Accounting Report for PROJECT.
24 If the Final Accounting Report as approved by COUNTY ENGINEER shows that the total cost to
25 COUNTY is less than the amount deposited with CITY, CITY shall promptly reimburse COUNTY the
26 difference between the amount deposited and the actual cost. If the Final Accounting Report as approved
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Agreement No. D06 -026
by COUNTY ENGINEER shows that the total cost to COUNTY is more than the amount deposited by
COUNTY, COUNTY shall promptly reimburse CITY for the difference between the amount deposited and
the actual cost, subject to the provisions of Section II B.
SECTION IV
It is MUTUALLY UNDERSTOOD BY THE PARTIES HERETO THAT:
A. CITY assumes responsibility for the portion of the PROJECT within COUNTY limits
for the purposes of PROJECT construction and for no other purposes. Upon acceptance of the PROJECT
improvements under the contract by CITY, COUNTY shall accept ownership and responsibility for the
portion of PROJECT within COUNTY limits.
B. Pursuant to and in accordance with Section 8546.7 of the California Government Code, as
this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars
($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of
California for a period of three (3) years after final payment under this Agreement.
C. That neither COUNTY nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend with Counsel approved in writing by COUNTY, and hold COUNTY harmless from any liability
imposed for injury, (as defined by Government Code Section 810.8), occurring by reason of anything done
or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated tc
CITY under this Agreement.
D:.. That neither CITY nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connectior
with any work, authority, or jurisdiction not delegated to CITY under this Agreement. It is also understood
and agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend with
Counsel approved in writing by CITY, and hold CITY harmless from any liability imposed for injury (as
Page 4 of 6
Agreement No. D06 -026
1 defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done
2 by COUNTY or in connection with any work, authority, or jurisdiction not delegated to CITY under this
3 Agreement.
4 E. The Parties agree that any agreement made by CITY for the work to be performed pursuant
5 to this Agreement is made and entered into for the protection and benefit of COUNTY and CITY and their
6 respective successors and assigns. As such, CITY agrees to identify COUNTY as third party beneficiary b
7 all such agreements entered into with contractors for the work performed pursuant to this Agreement.
8 COUNTY's's third party beneficiary rights shall include, but not be limited to COUNTY's's right of
9 enforcement against any contractor hired by CITY for work performed in the COUNTY's, and COUNTY';
10 shall have the right to enforce any agreement between CITY and its contractors for such work.
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Agreement No. D06 -026
IN WITNESS WHEREOF, the CITY has caused this Agreement to be executed by the Mayor and attested
by its clerk, and COUNTY has caused this Agreement to be executed by its Chairman of the Board of
Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the City Council
and the Board of Supervisors, respectively, on the date written opposite their signatures.
Date: � — 15 -6(p
COUNTY OF ORANGE,
a political subdivision of the State of
California
By: i \ `
Chairman of th oard of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL
TO THE CHAIR OF THE BOARD OF
SUPERVISORS
0
�d:' q9
u n
c9 <rscn�~4
By:, km 4YA . '10
Darlene Bloom
Clerk of the Board o
Orange County,
Date:
ATTEST:
City Clerk of the
By:
P
THE CITY OF NEWPORT BEACH,
A municipal corporation
By:
Mayor
Approved as to form:
vCity Attorney
Page 6 of 6
City of !Newport Beach
BUDGET AMENDMENT
2006 -07
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Iq Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 07BA -022
AMOUNT: $58,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations and revenue estimates to recognize a contribution from the County of Orange for
work the City will perform on the Bristol Street Rehabilitation project
ACCOUNTING ENTRY:
BUDGETARYFUND BALANCE
Amount
Fund Account
Description
Debit Credit
REVENUE ESTIMATES (3601)
Fund/Division Account
Description
250 4900
Contributions Fund - County Hwy Funds
$58,000.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number 7251
Contribution
Account
Number C5100875
Bristol Street Relinquishment
$58,000.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Automatic System Entry.
Signed:
06
Financial Approval: Administrative Se 'ces Director
Date
Signed:
Administrative Approve .
City Manager
Da
Signed:
City Council Approval: City Clerk
Date