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HomeMy WebLinkAboutC-2435(E) - Upper Newport Bay Bicycle & Equestrian Trail0 C -- >i���(i:� SUPPLEMENTAL AGREEMENT FOR EXTENSION OF AWARD OF CONTRACT FOR THE UPPER NEWPORT BAY BICYCLE /EQUESTRIAN TRAIL CONTRACT NO. 2435 THIS AGREEMENT is made and entered into this day of September, 1986, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and the firm of GILLESPIE CONSTRUCTION, INCORPORATED, a California corporation, hereinafter referred to as "CONTRACTOR ". WITNESSETH: WHEREAS, the City Council of the City of Newport Beach on July 14, 1986, advertised for bids for the construction of the Upper Newport Bay Bicycle /Equestrian Trail Project, hereinafter referred to as "PROJECT "; and WHEREAS, sealed bids were opened on August 14, 1986 by City Clerk of the City of Newport Beach; and WHEREAS, CONTRACTOR was the low bidder for construction of the "PROJECT" with a bid of $1,028,280, an amount in excess of the Engineer's Estimate and project funding by 51 %; and WHEREAS, CITY, being desirous of completing said PROJECT is seeking additional project funding from a variety of sources; and WHEREAS, securing a commitment for the additional funding being sought will take more time than is allowed for in the "Standard Special Provisions for Public Works Construction" and said additional time is not a circumstance attri- butable to unreasonable delay, or fault of CITY or the CONTRACTOR; and WHEREAS, both parties are desirous of entering into a contract to complete the PROJECT and propose to extend the time for "Award and Execution of the Contract" without modification to any contractual provision relative to the duties to be performed by CONTRACTOR or the compensation to be paid by CITY; and WHEREAS, both parties agree to such a proposal; NOW, THEREFORE, in consideration of the foregoing, the parties hereto do agree as follows: Iof3 y • l I. GENERAL A. Section 2 -1.1 of the City's "Standard Special Provisions for Public Works Construction" titled "AWARD OF CONTRACT" shall be modified to extend the award of contract time an additional 135 calendar days from a period of forty -five (45) calendar days to a period of one hundred eighty (180) calen- dar days. B. Except as modified herein, all terms and conditions of the Contract Specifications, the Standard Special Provisions, the Special Provisions, the Project Drawings, and the Contract Documents shall remain in full force and effect, and any promise or representation not set forth in this Agreement shall be void and of no effect. C. It is mutually agreed that upon Award of Contract the specified "Time of Completion" may need to be extended to allow CONTRACTOR adequate time to complete the required construction tasks in accordance with the stringent environmental, archeological and flood control requirements. Due to the uncer- tainty as to the exact date of the Award of Contract, the "Time of Completion" will be negotiated by the parties hereto at the time of the actual award. D. By written notice either party hereto may void and cancel this Agreement at any time prior to the actual "Award of Contract ". II. DUTIES OF CITY A. CITY shall Award the Contract to CONTRACTOR on or before the end of the specified time for award, provided the required additional project funding has been secured by CITY. B. CITY agrees to release the "Bidder's Bond" previously posted upon receipt of written request from CONTRACTOR. III. DUTIES OF CONTRACTOR A. CONTRACTOR agrees to honor his Bid Proposal as submitted August 14, 1986, and to honor all conditions of the Contract Documents, the Project Specifications, the Special Conditions, the Standard Special Provisions and the Project Drawings. 2 o 3 • 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. APPROVED AS TO FORM: Carol- K-or3de Assistant City Attorney ATTEST: Wanda Raggio City Clerk Addresses and Telephones: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 Gillespie Construction, Inc. 3004 Deodar Street Suite "D" Costa Mesa, CA 92626 (714) 957 -0233 3of3 CITY OF- NEWPORT BEACH, a Municipal Corpor ion �f By.. Nniiip H. M�urer; Mayor GILLESPIE CONSTRUCTION, INC. a California Corporation By: I Steven M. Murrow, Vice President & Secretary • C • 0 TO: CITY COUNCIL • September 22, 1986 u's THE CiiY COUNCIL CITY CITY OF NEWPORT BEACHITEM SEP 22 1986 FROM: Public Works Department- APPROVEL COUNCIL AGENDA NO. F -3 (d) SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) RECOMMENDATIONS: DISCUSSION: 011) Authorize the Mayor and the City Clerk to execute an agreement with Gillespie Construction of Costa Mesa, the lowest responsible bidder, to extend the award date for Contract No. 2435. Direct the City staff to notify the unsuccessful bidders and to release their bid bonds. Direct City staff to pursue additional funding. INTRODUCTION On September 26, 1983, the City Council approved the Feasibility Study, accepted the Environmental Document and directed the staff to implement a cooperative project for construction of the Upper Newport Bay Bicycle and Equestrian Trail. Bids for the project were received on August 14, 1986, with the low bid exceeding available project funding by approximately $500,000. In preparation of the recommendation to extend the award date, staff has reviewed and analysed the project Scope of Work, the Bids Received, and the Project Funding in the following Sections II, III, and IV. The agreement with Gillespie Construction and the recommendations are discussed in Sections V and VI. II. SCOPE OF WORK AND PROJECT DESCRIPTION The proposed project will provide for approximately 1.0 miles of combination bicycle, pedestrian and equestrian trail along the boundary of the Upper Newport Bay Ecological Reserve. The proposed trail, in conjunction with the recently completed 0.4- mile -long J. M. Peters Co. segment, will connect the Jamboree Road and San Diego Creek trails with the County's Santa Ana /Delhi Channel regional equestrian route and the Irvine Avenue and Mesa Drive bike trails. The project entails construction of a separated trail system consisting of a 12- foot -wide paved bicycle /pedestrian path and an adjacent 10- foot -wide graded dirt equestrian.trail. A portion of the trail will be constructed along a steep coastal bluff adjacent to wetlands. This 700 - foot -long segment of the trail will consist of a 20- foot -wide elevated boardwalk. Where the trail crosses the Santa Ana /Delhi Channel, an 80- foot -long prefabricated bridge and two 96 -inch- diameter drainage culverts are required. There do not appear to be any practicable revisions to the design concept or the scope of work involved. See attached vicinity map for location of the project. • C 0 0 September 22, 1986 Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435) Page 2 III. BID ANALYSIS 14, 1986: Five bids for this contract were opened at 11:00 A.M. on August Bidder Amount 1. Gillespie Construction, Costa Mesa $1,028,280.00 2. G. A. MacDonald, Montrose $1,122,346.00 3. Terrain Inc., Glendale $1,178,356.92 4. Kirst Construction, Altadena $1,460,738.00 5. Fleming Engineering, Buena Park $1,589,559.00 The low bid is 51% greater than the Engineer's estimate of $680,500. A review of the bids received indicates that the cost for all of the major items of work (bridge structures, drainage facilities, earthwork, and asphalt paving) exceeds the estimate. Prevailing costs for typical projects elsewhere vary from $30 /SF for pedestrian bridges to $60 /SF for vehicular bridges. The low bid is approximately $40 /SF for the bike and equestrian bridge structures. Based on this analysis, and a review of the other factors affecting the project, the low bid represents a reasonable cost for the project. The Engineer's Estimate appears to have underestimated the access and construction difficulties in this environmentally sensitive area. The low bidder, Gillespie Construction, has satisfactorily performed other work for the City in the past. IV. PROJECT FUNDING A. Estimated Project Costs 1. Construction (low bid) $1,028,280.00 2. Engineering and Permits 75,000.00 3. Construction Engineering, Testing Archeological Inspection, and Construction Contingencies ( +5 %) 61,720.00 Total $1,165,000.00 B. Current Project Funding 1. County of Orange, Harbors, Beaches, and Parks District $ 150,000.00 2. State of California Department of Fish and Game 45,000.00 3. Regional S.B. 821 (1983/84 and 1985/86) 322,173.00 4. City of Newport Beach a. General Fund 50,000.00 b. Local S.B. 821 (1983/84) 14,166.00 c. Local S.B. 821 (1984/85) 16,840.00 d. Local S.B. 821 (1985/86) 15,044.00 Total $ 613,223.00 7 • • September 22, 1986 Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435) Page 3 C. Additional Project Funding Being Sought • 1. Regional S.B. 821 (1986/87) $ 350,000.00 2. Local S.B. 821 (1986/87) 23,456.00 3. Other* 178,321.00 Total Additional Funding Required $ 551,777.00 *Funds being sought from City and County sources. The 1986/87 local and regional S.B. 821 funds have been approved by the Orange County Transportation Commission staff and the program is scheduled for review by the Transportation Commission on October 13, 1986. Chances for approval of the City's 1986/87 S.B. 821 funds request appear very good and the funds could be available as early as November 1986. A request has been made to the County of Orange to split the remaining $178,321 with the City (approximately $90,000 each). A summary of possible additional City funding is as follows: A. Currently Available Funds 1. Bicycle Trails Account $ 49,000.00 • 2. Interest on Existing S.B. 821 Funds 10,000.00 Subtotal $ 59,000.00 B. Additional Funds (General Fund appropriation required) $ 31,000.00 Total 90,000.00 Possible additional funding from the State Department of Fish and Game and the Coastal Conservancy has been requested, but does not appear likely. V. AGREEMENT TO EXTEND AWARD DATE The agreement to extend the award date with the low bidder, Gillespie Construction of Costa Mesa, provides for the following: A. General: 1. Extend allowable time for City Council to award Contract No. 2435 by 135 days. • 2. Release Gillespie Construction's bid bond. 3. Agreement may be terminated prior to award of contract by written notification from either party. 4. Contract time of completion will be modified as necessary at the time of award of contract. September 22, 1986 Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435) Page 4 B. City agrees to award Contract No. 2345 to Gillespie • Construction on or before the end of the extended allowable time (February 9, 1987) if the required funds become available. C. Gillespie Construction agrees to complete construction of the project for the costs submitted in their proposal dated August 14, 1986 if award of contract is made before February 9, 1987. VI. RECOMMENDATION Staff recommends the agreement to extend the contract award date for Council approval because it appears that a large portion of the additional funding required for the project may become available in November. The follow- ing information was also considered in preparing this recommendation: A. The low bid is reasonable for the project scope of work. B. The low bidder has satisfactorily performed work for the City in the past and is agreeable to extending the award date without a price modification. • C. There are no feasible alternate alignments. D. There are no viable alternate design methods. E. Phased construction of this work is not practical. F. Re- advertising projects without substantial design changes or changes in scope of work generally results in higher bid prices. While extending the award date will allow time to provide for a large portion of the additional funds required, the City will also be required to pro- vide some additional funding. It is also the City Council's option at this time to reject all bids and re- advertise at a later date if funds are obtained)or to reject all bids and a andon the proj c t.� SenJamin B. Nolan' Public Works Director • JW:jd Att. CITI*OF NEWPORT AACH October 16, 1986 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Fleming Engineering Inc. x 8281 Commonwealth Ave. Buena Park, CA 90621 Subject.: CONTRACT NO. 2435 . UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL Enclosed herewith is the bidder's bond you submitted with your bid for the above project. Thank you for your interest in this project. Sincerely, Wanda E. Raggio City Clerk WER:pm Enclosure(s) cc: Public Works Department CITAOF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 October 16, 1986 Terrain, Inc. 1705 Lake Street Glendale, CA 91201 Subject: CONTRACT N6. 2435 UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL Enclosed herewith is the bidder's bond you submitted with your bid for the above project. Thank you for your interest in this project. Sincerely, �� Wanda E. Raggio City Clerk WER:pm Enclosure(s) cc: Public Works Department CITAOF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 October 16, 1986 Kirst Construction Co., Inc. k 836 West Woodbury Road Altadena, CA 91001 Subject: CONTRACT NO. 2435 UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL Enclosed herewith is the bidder's bond you submitted with your bid for the above project. Thank you for your interest in this project. Sincerely, Wanda E. Raggio City Clerk WER:pm Enclosure(s) cc: Public Works Department CIT19OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 October 16, 1986 (714) 644 -3005 G. A. MacDonald Construction Co. P.O. Box 385 Montrose, CA 91020 Subject: CONTRACT NO. 2435 UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL Enclosed herewith is the bidder's bond you submitted with your bid for the above project. Thank you for your interest in this project. Sincerely L li��`Zl Wanda E. Raggio City Clerk WER:pm Enclosure(s) cc: Public Works Department September 19, 1986 TO: CITY CLERK FROM: Public Works Department 0 c - 2'�33yr-) SUBJECT: SUPPLEMENTAL AGREEMENT FOR EXTENSION OF AWARD OF CONTRACT FOR THE UPPER NEWPORT BAY BICYCLE /EQUESTRIAN TRAIL C -2435 Attached are the original and two copies of the subject agreement. Please execute, retain one copy for your files and return the original and one copy to the Public Works Department. This item will be going to City Council on September 22, 1986. Jo 'n Wolter Project Engineer JW:jw Att. • 0 l 14, 1986 CITY COUNCIL AGENDA ITEM N0. F -16 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) RECOMMENDATION: Approve the plans and specifications. Authorize the City Clerk to a&ertise €®r- basJs.- ko >:he -:mod at 411--,00 144 19".. Authorize the Mayor and the City Clerk to execute the Grant of Easement Agreement with the State Department of Fish & Game. Authorize the Mayor and the City Clerk to execute the funding agreement with the County of Orange. DISCUSSION: This contract provides for the construction of approximately 1.2 miles of combination bicycle, pedestrian and equestrian trail along the boundary of the Upper Newport Bay Ecological Reserve. The proposed trail will connect the Jamboree Road and San Diego Creek Trails with the County's Santa Ana /Delhi Channel regional equestrian route and the Irvine Avenue bike trail. Refer to the attached vicinity map, Exhibit "A ". The majority of the project entails construction of a separated trail system consisting of a 12- foot -wide paved bicycle /pedestrian path and an adja- cent 10- foot -wide graded dirt equestrian trail. A portion of the trail will be constructed along & steep coastal bluff adjacent to wetlands. This 720 -foot- long segment of trail will consist of a 20- foot -wide, elevated boardwalk. Where the trail crosses the Santa Ana /Delhi Channel, an 80- foot -long prefabricated bridge and two 96 -inch drainage culverts are required. This is a multi - agency cooperative project. Funding and project sup- port are being provided by the State of California, Department of Fish & Game, the Wildlife Conservation Board, and the State Parks Foundation; by the County of Orange, Environmental Management Agency, the Flood Control District, and the Harbors, Beaches and Parks District, which will operate and maintain the project facilities; and by The Irvine Company which is donating a portion of the project right of way. The estimated project cost is $613,000. Sufficient funds are available from the current annual budget in the general fund under Account Number 02- 7697 -268 and a variety of supplemental sources, summarized as follows: Description General Fund SB 821 Local SB 821 Regional County HBPD fund State Fish & Game Amount of Fundi $ 50,000 46,000 322,000 150,000 45,000 Total Funds $613,000 July 14, 1986 Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435) Page 2 The project Environmental Impact Report was certified as final on September 26, 1983, and the Coastal Zone Permit was approved by the Commission on June 12, 1986. The plans and specifications were prepared by Austin -Foust and Associates. If acceptable bids are received, construction should commence by 3 Se tember 1, 1986. OM Benj min B. Nolan• Public Works Director JS:jd Att.: Exhibit "A" mAnwu n VICINITY MAP UPPER NEWPORT BAY BICYCLE EQUESTRIAN . TRAIL . PROJECT 0