HomeMy WebLinkAbout91-86 - Water Transmission Main RepairRESOLUTION NO. 91- 86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING THE IMMEDIATE
REPAIR OF A BROKEN WATER TRANSMISSION MAIN TO
BE A MATTER OF URGENT NECESSITY, CONFIRMING
AUTHORIZATION OF THE UTILITIES DIRECTOR TO
AWARD A CONTRACT FOR THE REPAIR OF THE
FACILITY, AND CONFIRMING THE AWARD OF THE
• CONTRACT TO MAACO CONSTRUCTORS.
The City Council finds and declares as follows:
A. The 19 -inch steel water main beneath Jamboree Road
between San Joaquin Hills Road and Ford Road /Eastbluff Drive broke
on July 20th or 21st, 1991; and
B. This water main is a critical link in the City's water
delivery and fire protection grid, and failure to promptly repair
the facility could jeopardize water service to Newport Beach
residents, increase the water velocity and pressure in other water
mains thereby increasing the threat of additional ruptures, and
hamper fire suppression efforts in the event of an emergency; and
C. The water main was constructed beneath a 12 -foot diameter
storm drain culvert, is approximately 24 feet deep at the point of
the break, and the depth of the pipe makes in infeasible to
excavate and repair it in its current location without completely
closing all northbound lanes of Jamboree Road for an extended
period of time; and
D. The City's pipe inventory includes repair fittings and
adequate lengths of replacement pipe, but City forces do not have
the excavation equipment of sufficient size to complete the
repairs; and
E. Section 1110 of the City Charter provides that contracts
may be let without advertising for bids if the work, supplies or
materials to be procured are deemed by the Council to be of urgent
• necessity for the preservation of life, health, or property; and
F. The Utilities Director has prepared plans and
specifications for the repair and replacement of the broken main
and prepared further instructions to bidders which include the
following language: "I have attached a photocopy of the complete
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set of written specifications, drawings and sketches upon which I
have based my bid. Each page is initialed and dated in the lower
right -hand corner. I understand my bid shall be rejected should I
fail to do this."
G. The instructions specified above were included by the
• Utilities Department because certain specifications, such as those
relating to the installation of a valve vault, were relatively
complex, bidders had a very short period of time to digest and
understand the material, and the Utilities Department wanted firm
evidence that bidders fully understood and appreciated all facets
of the job prior to submitting bids so that disputes did not arise
and the City did not receive claims for additional compensation
during construction.
H. The apparent low bid was submitted by B & A Construction,
but the bid did not comply with the instructions requiring each
page to be initialed and dated.
I. The failure of B & A Construction to conform its bid to
the instructions makes it non - responsive, failure of this Council
to reject the bid could affect the integrity of this or other
bidding procedures, and the failure of B & A to comply may have
given them a competitive advantage over other bidders as they would
be in a better position to argue entitlement to additional
compensation based upon any alleged ambiguity of which they were
unaware.
J. The apparent second low bidder was MAACO Constructors,
Inc. their bid fully conformed with all instructions, the Utilities
Director has awarded the contract for repair of the water main to
MAACO Constructors, and construction on the project has commenced
on a timely basis.
K. The Utilities Director has the authority, by virtue of
• his position and as the designee of the City Manager of Newport
Beach, to award emergency contracts under the circumstances
described in this resolution to respond to an emergency provided
the City Council confirms the decision at the first public hearing
after award of the contract.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Newport Beach as follows:
1. The City Council hereby confirms the decision of the
Utilities Director that the bid submitted by B & A Construction on
the water main repair project described in this Resolution failed
• to comply with instructions to bidders, that the irregularities
were not minor in nature, that award of the contract to B & A
Construction could affect the integrity of the public bidding
process, and that the failure of B & A Construction to comply with
the instructions may have given them a competitive advantage over
the other bidders;
2. The City Council hereby confirms the decision of the
Utilities Director in awarding the contract on an emergency basis
to the second low bidder MARCO Constructors, Inc. and finds that
the award of the contract was of urgent necessity for the
preservation of life, health property.
ADOPTED, this 12th day of August 1991.
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City clerk
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'MAYOR
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