HomeMy WebLinkAbout03 - C-3373 - Newport Blvd & Balboa Blvd - 26th Street to 16th StreetCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
November 25, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
R.Gunther, P.E.
949 - 644 -3311
rgunther@city.newport-beach.ca.us
SUBJECT: NEWPORT BOULEVARD /BALBOA BOULEVARD — 26TH STREET TO
16TH STREET - COMPLETION AND ACCEPTANCE OF CONTRACT NO.
3373
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the
Notice of Completion has been recorded in accordance with applicable portions of
the Civil Code.
4. Release the Faithful Performance Bond 1 year after Council acceptance.
5. Authorize a contract for $77,430 with Asbury Environmental Services (AES) to install
the 58 Ultra Urban Filters that were deleted from this project through Change Order
No. 4.
DISCUSSION:
On December 17, 2002, the City Council authorized the award of the Newport
Boulevard /Balboa Boulevard Roadway and Storm Drain Rehabilitation contract to Sully
Miller Contracting Company (Sully Miller) of Anaheim, California. The contract provided
for the rehabilitation of the roadway with new asphalt pavement underlain by glass -grid
fabric. The work also included the installation of new storm drains, storm drain inlets,
and the construction of new and widened sidewalks. The contract has now been
completed to the satisfaction of the Public Works Department. A summary of the
contract cost is as follows:
Original bid amount: $1,767,365.00
Actual amount of bid items constructed: $1,386,747.86
Total amount of change orders: $58,547.66
Final contract cost: $1,445,295.52
SUBJECT: Newport Boulevard/Balboa Boulevard — 26" Street To W Street - Completion And Acceptance Of Contract No. 3373
November 25, 2003
Page 2
The decrease in the amount of actual bid items constructed under the original bid
amount resulted from the decrease in quantities for asphalt base, surface course, and
the deletion of the storm drain filter systems. The final overall construction cost
including Change Orders was 18.22 percent under the original bid amount.
This project was approved by the Orange County Transportation Authority for
competitive Federal Arterial Highway Rehabilitation Program (AHRP) funds. The
funding obligation and reimbursement from the Federal Highway Administration are
processed through Caltrans.
A total of four Change Orders totaling $58,547.66 were issued to complete the project.
They were as follows:
1. A Change Order in the amount of $44,219.16 provided addional street
reconstruction, storm drain additions, rail -bed removal and miscellaneous extra
work.
2. A Change Order in the amount of $10,394.70 provided pavement reinforcing
removal and replacement.
3. A Change Order in the amount of $3,933.80 provided additional construction
survey work.
4. A final Change Order deleted bid item 14 for the storm drain filter systems
(deletion of $87,000.00), which are proposed to be done by another separate
contract.
Staff recommends that the storm drain funds deleted from the contract be used to
contract with AES to install the Ultra Urban Filter Systems in the storm drain inlets along
the project. These are very specialized items which require a specialized contractor for
production and installation.
Sully Miller had subcontracted with AES to install the catch basin filters for $87,000.
The filters were to be the standard basket -type made of stainless steel with the
standard Ultra Urban Filters. During construction, it was discovered that the standard
filters would not fit into the shallow storm drain inlets. Therefore,a modified system was
installed during this past summer. This system was part stainless steel and part
painted metal and was not acceptable to the City.
Meanwhile, all of the other work was completed by Sully Miller and is ready for
acceptance. Sully Miller requested that the City accept all of the completed work and
delete the catch basin filters from their contract. AES and the City agreed to do this as
long as AES would remove and replace the non - stainless steel parts with stainless steel
under a separate contract to be approved by the City Council. AES would also upgrade
the filters to the Smart Sponge with an antimicrobial agent, which is designed to capture
bacteria.
City staff has prepared a contract to accomplish the work with AES for $77,430, which
is about $10,000 less than the bid amount of Sully Miller. Staff recommends approval
of the contract with AES and to fund it through the cost savings in the Storm Drain
Account No. 7012- C5100008.
SUBJECT: Newport Boulevard /Balboa Boulevard — 20' Street Tole Street -Completion And Acceptance Of Contract No. 3373
November 25, 2003
Page 3
Funds for the project were expended from the following accounts:
Description
Measure-M Tumback
AHRP
AB2928
Storm Drain Improvements
Sidewalk, Curb and Gutter
Account No.
7281- C5100593
7285- C5100593
7191- C5100593
7012- C5100008
7013- C5100020
Total
Amount
$270,138.06
$435,773.40
$361,928.96
$300,433.10
$77,022.00
$1,445,295.52
Asphalt paving was completed on May 30, 2003, the original completion date. All other
work was completed on September 19, 2003, the revised completion date.
Environmental Review:
Per Federal funding requirements, a negative archaeological and historic/cultural study
and report was completed for this project. A categorical exemption was issued for the
work. No other environmental reviews were required.
Prepared by:
R. Gunther, P.E.
Construction Engineer
Attachment: Contract with AES
Submitted by:
L Jm�'_
Richard Edmonston
Acting Public Works Director
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FILTERS
CONTRACT NO. 3670
CONTRACT
THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and ASBURY ENVIRONMENTAL SERVICES,
hereinafter "Contractor," is made with reference to the following facts:
Project Description:
ULTRA URBAN STORM DRAIN FILTERS FOR BALBOA BOULEVARD FROM MEDINA
WAY TO 12TH STREET AND 16TH STREET TO 19TH STREET
Contract No: 3670
WHEREAS, Contractor has provided a bid to complete the work on Balboa Boulevard, which
was deleted from Contract No. 3373 (Newport Boulevard Rehabilitation from 16' to 26'
Street) and this bid is at the same cost as provided to the previous Contractor.
NOW, THEREFORE, City and Contractor agree as follows:
A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the
following documents: Scope of Work (attached as Exhibit A), Permits, and Shop Drawings
for Contract No. 3670, Standard Specifications for Public Works Construction (current
adopted edition and all supplements) and this Agreement, and all modifications and
amendments thereto (collectively the "Contract Documents "). The Contract Documents
comprise the sole agreement between the parties as to the subject matter therein. Any
representations or agreements not specifically contained in the Contract Documents are
null and void. Any amendments must be made in writing, and signed by both parties in the
manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and fumish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project per Exhibit A attached
hereto.
All of the work to be performed and materials to be fumished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City, which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of Seventy-Seven Thousand, Four Hundred
Thirty and 00/100 Dollars ($77,430.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment.
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Bill Patapoff, P.E.
(949) 644 -3311
F. LABOR CODE 3700 LIABILITY INSURANCE
hereby certifies:
CONTRACTOR
ASBURY ENVIRONMENTAL SERVICES
13579 Whittram Avenue
Fontana, CA 92335
909 - 356 -0245
909 - 356 -6993 Fax
Contractor, by executing this Contract,
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with original certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractors bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0002 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
b) Insurance Services Office Business Auto Coverage form number CA 0002 0287
covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its officers, agents, officials, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor, including the insured's general
supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to City, its officers,
officials, employees or volunteers.
Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self - insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
M. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, agents, officials, employees and
volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification/hold harmless
provision contained in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
agents, officials, employees and volunteers for losses arising from work
performed by Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
All of the executed documents referenced in this contract must be returned within
ten (10) working days after the date on the "Notification of Award," so that the City
may review and approve all insurance and bonds documentation.
5. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
6. Right to Stop Work for Non - Compliance
City shall have the right to direct the Contractor to stop work under this Agreement
and /or withhold any payment(s), which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) 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
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole negllgence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
Fy
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF NEWPORT BEACH
A Municipal Corporation
M
Mayor
ASBURY ENVIRONMENTAL SERVICES
Authorized Signature and Title
FAUSERS \PBMShared \Contracts \FY 03 -04 \Ultra Urban Stonn Drain Filters C- 3670 \CONTRACT C- 3670.doc
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ASBURY ENVIRONMENTAL SERVICES
October 22, 2003
Mr. Bill Patapoff
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Ca 92658
(949) 644 -3311 Phone
(949) 644 -3318 Fax
Mr. Patapoff;
OCT 2 7 2003
1r.
i1S"�Jt9Cl:. .,Gi'. ...�l.��fVl
C.i 1 Y OF NEEWPO icy:::
We at Asbury Environmental Services (AES) would like to take the time to thank you for
the opportunity to provide you with the following project quotation. At AES customer
satisfaction through excellent service remains our goal and we look forward to working
with you in the future.
REVISED
Scope of Work
Provide / Install Measure Screens and PolymerPaks with Smart Sponge Plus
(with antimicrobial inside) in thirty -eight (38) catch basins (56 curb inlets
openings) located on Balboa Blvd. (between 121i and Medina and 161' and 191')
Proposed Proiect Cost
• $77,430.00
(Including prevailing wage paid at current local determination)
Scbedule
Manufacturing lead time: Three (3) business weeks from project confirmation
with approved quotation.
Installation: Additional four (4) business weeks from manufacturing
completion date.
Estimated project duration: Seven (7) business weeks.
Assumptions, Exclusions, and Limitations
• All material used in completing the above Scope of Work shall be constructed
of stainless steel with the exception of the wheels which are zinc plated
carbon steel with sealed ball bearing roller mechanisms.
• Should circumstances not outlined in the Scope of Work section be
encountered a change order will need to be issued to continue work.
• Price quotation based on field measurements made by AES with information
provided by the City of Newport Beach.
• Price quotation valid for 90 days.
• Terms: Payment per contract language.
• All measurements are to be confirmed by the customer prior to fabrication /
manufacturing unless prior arrangements have been made.
• No warranty shall apply without installation by an approved installer.
• A (10) ten -year manufacturer material corrosion warranty shall apply to all
stainless steel parts and materials, unless otherwise specified.
• A (5) five -year manufacturer material corrosion warranty shall apply to all
zinc plated parts and materials.
• A (1) one -year installation warranty shall apply to all AES installed
equipment as specified herein.
• Others shall meet any licenses, permits or regulatory requirements.
• Working hours: Monday — Friday 0700 —1600.
• This price quotation does not include prevailing wage unless otherwise
indicated.
• Traffic control to be provided by AES per W.A.T.C.H. manual.
Should you have any questions or concerns please contact me directly at (909) 376 4309.
Sincerely,
YhVLIOUK_ 1 7)
Shannon Munger