HomeMy WebLinkAboutC-2435(E) - Upper Newport Bay Bicycle & Equestrian Trail0
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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:
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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.
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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
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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
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TO: CITY COUNCIL
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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.
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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
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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
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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
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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
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Att.: Exhibit "A"
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VICINITY MAP
UPPER NEWPORT BAY BICYCLE
EQUESTRIAN . TRAIL . PROJECT
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