HomeMy WebLinkAboutC-2740 - Phase II Ocean Front Sidewalk Repair (contract rescinded and combined with Phase III - see C-2792)•
TO: CITY COUNCIL
the 12, 1989
CITY
Y T I— `IITY 0U'rCIL ITEM
CITY cif i:ti?rPeRT BEACH
JUN 12 1989
APPROVE
COUNCIL AGENDA
NO. F -3(c)
FROM: Public Works Department
SUBJECT: PHASE II OCEAN FRONT SIDEWALK REPAIR - CONTRACT NO. 2740
RECOMMENDATIONS:
0V
1. Authorize the City Attorney to execute the Settlement Agreement
between the City and B -1 Enterprise Corporation.
Direct staff to combine Phase II improvements with the Phase III
Ocean Front Sidewalk Repair project which is planned for the
1989/90 fiscal year.
DISCUSSION:
On April 24, 1989, City Council awarded Contract No. 2740, Phase II
Ocean Front Sidewalk Repair, to B -1 Enterprise Corporation. By May 10, 1989,
B -1 Enterprise Corporation had not entered into a contract with the City as
required by the provisions set forth in the bidders bond. City staff contacted
Neil Dilello, President of B -1 Enterprise Corporation, who stated that B -1 would
be unable to perform the contract within the contract completion time and asked
the City to rescind the award.
Counsel for B -1 Enterprise Corporation and the Assistant City Attorney
agreed, subject to the approval of the City Council, to rescind the award and
accept a payment from B -1 Enterprise Corporation in the amount of $8,872 which
represents the difference between B -1's bid and the next low bidder. A copy of
the proposed rescission and release agreement is attached. This agreement if
executed by the City will release B -1 Enterprise Corporation and their surety
company from any obligations to enter into a contract to construct the project.
Since the summer season is quickly approaching bringing heavy use of
the ocean front sidewalk, City staff recommends that the planned Phase II
repairs be combined with the Phase III Ocean Front Repair project which is
scheduled for construction after Labor Day. This project will be the final
phase of the Ocean Front Sidewalk Repair Program.
Benjamin B.
Public Works
SB:so
Nolan
Director
�IL LIAM J. INN GALS BE
PPR CR
WRITER'S DIRECT DIAL NUMBER
16161 509.6121
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MONTELEONE & MCCRORY
LAWYERS
A PARTNERSHIP OF MOFES610NA4 COPPOR.11ON5
JO UNIVERSAL CITY PLAZA, SUITE 2500
LOS ANGELES, CALIFORNIA
TELEPHONE 1213) 937 -1533 f8181 509-6100
TELECOPIER (818) 509-6148 TELEX 67W565
MAILING ADDRESS
P. O. BO% 7806
UNIVERSAL CITY, CALIFORNIA 916 0 5-7 80 6
May 16, 1989
Ms. Carol A. Korade
Assistant City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Re: Phase II Ocean Front Sidewalk
•Repair (C -2740)
Dear Ms. Korade:
ORANGE OFFICE
SUITE 200
171 SOUTH ANITA DRIVE
ORANGE, CALIFORNIA 92668
TELEPHONE (7141 978-0150
TELECOPIER 17141 937 -5183
OUR FILE NUMBER
'198
9
6176
Pursuant to the settlement agreement we reached on
behalf of our respective clients, enclosed herewith is my
client's check made payable to the City in the amount of
$8,872. I am forwarding this check to in trust until the City
has performed the things it agreed to do. You are authorized
to forward it to the City for negotiation when you have
returned to me the bid bond submitted by my client with its
bid for the above - referenced project and the enclosed
rescission document duly executed by the City.
Thank you for your cooperation in this matter.
Very truly yours,
MONTELEONE & McCRORY
By
• W�J. ! LSBE
WJI /sr
enclosures
cc: B -1 Enterprise Corporation (with enclosure)
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RESCISSION OF CONTRACT
• WHEREAS, on or about April 13, 1989, B -1 Enterprise
Corporation submitted the low bid to the City of Newport Beach
for construction of a public works project commonly known as
"Phase II Ocean Front Sidewalk Repair Contract No. 2740," and
WHEREAS, on or about April 24, 1989, the City of
Newport Beach awarded the contract for construction of the above-
mentioned project to B -1 Enterprise Corporation pursuant to its
bid, and
WHEREAS, B -1 Enterprise Corporation is unable to
perform the contract within the time set forth in the contract
documents, and
• WHEREAS, in consideration of the payment by B -1
Enterprise Corporation to the City of Newport Beach the sum of
$8,872, which sum represents the difference between B -I's bid and
the next low bidder for the subject contract,
IT IS HEREBY RESOLVED, COVENANTED AND AGREED by the
City of Newport Beach as follows:
I. The City of Newport Beach rescinds the award of the
above - mentioned public works contract to B -1 Enterprise
Corporation.
•2. The City of Newport Beach releases and forever
discharges B -1 Enterprise Corporation and its surety, Employers
Insurance of Wausau, from any and all claims, demands,
&I I
-I-
liabilities and causes of action, relating to or arising out of
submission of B -1 Enterprise Corporation's bid for the above-
mentioned public works project and the award of the contract for
the construction thereof.
DATED: CITY OF NEWPORT BEACH
•
•
-2-
5
By
(Signature)
(Type /Print Name and Title) '
April 24, 1989
CITY COUNCIL AGENDA
ITEM NO. F -3(c)
; TV .ITY ::OUNCIL
• CITY i; .,LVJPO ?T :;EACI
TO: CITY COUNCIL APR 2 4 1989
FROM: Public Works Department
SUBJECT: PHASE II OCEAN FRONT SIDEWALK REPAIR, 1988/89 - CONTRACT NO. 2740
RECOMMENDATIONS:
1. Award Contract No. 2740 to B -1 Enterprises Corporation, for
$121,100.00, and authorize the Mayor and the City Clerk to execute
the contract.
4. Authorize staff to negotiate a contract change order to utilize
available project funding.
DISCUSSION:
At 11:00 A.M. on April 13, 1989, the City Clerk opened and read the
• following bids for the project:
Bidder Amount Bid
Low B -1 Enterprises Corp., Rancho Cucamonga $121,100.00
2 Emco Contracting, Inc., Corona 129,972.00
3 J. Kovac Construction, Huntington Beach 133,133.00
4 Camco Construction Co., Newport Beach 133,588.00
5 Nobest Inc., Westminster 139,996.00
6 Artistic Landscape Engineering, Southgate 146,518.00
7 Bruce Paving Co., Gardenia 150,645.00
8 Ryco Construction, Gardenia 160,246.00
9 George Dakovich & Son, Redondo Beach 167,110.00
10 Damon Construction, Gardenia 180,164.00
The low bid is 29% below the Engineers estimate of $170,000.00. The
disparity between estimates and bid amounts may be attributed to competitive
bidding among contractors. However, City staff feels there is a possibility
that some contractors may have underestimated the difficulty of the project.
• A check of the experience references provided by B -1 Enterprises
discloses that the Contractor's qualifications are generally satisfactory.
There has been some indication that the Contractor requires close inspection and
monitoring, but the quality of the work has been acceptable.
Subject: Phase II, Ocean Front Sidewalk Repair, 1988/89 (C -2740)
April 24, 1989
Page 2
• This project is the second of three phases to repair the Ocean Front
Sidewalk from 36th Street to 'E' Street. In general, the project involves a
reconstruction of existing sidewalk and curbs to eliminate existing cracks,
vertical displacement and rough asphalt patches at various locations. Funding
in the amount of $180,000.00 is available in the current Capital Projects Budget
Account No. 02- 7697 -458. Funding for Phase III must be considered in future
budgets. In order to utilize available funding for this project staff proposed
a contract change order to increase the amount of sidewalk replacement in this
contract. This option wuld be exercised if the quality of work is satisfactory
and if the schedule permits it, thereby insuring the maximum amount of sidewalk
repairs to occur in Phase II before summer and reduce the amount of repairs
needed for future phases.
The plans and specifications were prepared by City staff. The
estimated date of completion is June 10, 1989.
i
Public Works
0
`-29ZZ
Nolan
Director
Authorized to Publish Advertisements of all k,encludmg public
notices by Decree of me Superior Court of Orange County.
California. Number A -6214, dated 29 September. 1961, and
A- 24831, dated 11 June. 1963.
STATE OF CALIFORNIA
County of Orange Pu C1 e.N.11. 0. vA,t mn m nto ,n N in cr o w poiw
�th to m nt
W. column w th
I am a Citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
Coast DAILY PILOT, with which is combined the
NEWS - PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a
Notice of Invitina Bids
of which copy attached hereto is a true and complete
copy, was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain Valley,
Irvine, the South Coast communities and Laguna
Beach issues of said newspaper for 7 times
consecutive weeks to wit the issue(s) of
March 30 , 1989
March 31 .1989
198_
198_
198—
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on March 11 1982--
at Costa MMeesa, /Califoornia.�!
Signature
�x
\I
bids shall be, obill .aria
read for
-T1tN M 9rajacto Phate IG
Coal - Front - SWe«alk. Re-:
_ patter ttgg9E"etip� ='a
Fi�y1Tlatrip Estimate:
4170,000
Approved; ft.th d Cloy
Comet .. - day of
Mach, 1809.���: +i_-
ClWANDA g,: o, clry
obtain ow ;4i# ofpid -doC1Y
tllutte tM- er000etatthe oftlee
of the Pobile Works Deport.
ment, -8300 Newport
Boulevard, P. O. Box 1789,
Newport Beech, CA
i1R8bB -8915.
_For further information,
can Steve Barium, Protect
Mansgar M 644-3311.
PuMb ed Orange Coast
p�Iy P9ot Much 30, 31,
7969
TtM01
PROOF OF PUBLICATION
•
C
TO: CITY COUNCIL
FROM: Public Works Department
0 h 27, 1989
l` OUNSICITY COUNCIL AGENDA
�TEM NO. F -l2
OF` )! ;, JJPORT 3EA I
MAR 2 7 1989
SUBJECT: PHASE II, OCEAN FRONT SIDEWALK REPAIR, 1988/89 (CONTRACT NO. 2740)
RECOMMENDATION:
1. Approve the plans and specifications
2. Authorize the
- ,
DISCUSSION:
On April 13, 1987, the City Council voted on and passed a motion to
accept and file the Ocean Front Boardwalk Improvement Feasibility Study, dated
August, 1986, without further action, except for rehabilitation of the existing
walk. The City manager directed staff to inventory existing conditions in the
subject area, and prepared to repair these conditions which would be brought
back to Council for final approval.
•A survey of the existing ocean front sidewalk (15,000 lineal feet) has
inventoried extensive cracking. Simple crack repair is not practical and City
staff recommends that a combination of sidewalk replacement and some crack
repair be accomplished in a three phase program. In general the program
involves reconstruction of existing sidewalk and curbs to eliminate existing
cracks, vertical displacement and rough asphalt patches at various locations.
The first two phases will remove and replace approximately 6,600 lineal feet of
the most extensively cracked sidewalk. The first phase was completed in June
1988 at a cost of $181,000. The estimated cost is $175,000 for the Phase II
project (3,000 lineal feet of sidewalk). An estimate for the Phase III project
has not been completed at this time. See the attached sketch for limits of the
Phase II project.
Funding for the second phase project is available in the current
Capital Project Budget Account No. 02- 3397 -360. Funding for the second phase
and third phase projects must be considered in future budgets.
This project is not subject to Coastal Commission review and has been
deemed categorically exempt from the E.I.R. processes by City staff.
• The plans and specifications for the Phase II project were prepared by
the Public Works Department. Copies of the plans are available for review at
the Public Works Department.
If acceptable bids are received, a contract can be awarded on April
24, 1989, with an anticipated completion date by June 9, 1989.
Benjamin B. Nolan
Public Works Director
BBN:dw
Attachment
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