HomeMy WebLinkAbout2011/10/04 Item 08ITY COUNC[L
STATEMENT
`r~M Ct1Y OF
CHULA VISTA
10/04/11, Item
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING THE BID OF THE FIRST APPARENT
LOW BIDDER AS NON-RESPONSIVE AND AWARDING THE
CONTRACT TO THE SECOND LOWEST BIDDER, PAL
GENERAL ENGINEERING, INC., IN THE AMOUNT OF $378,379
FOR THE "HARBORSIDE ELEMENTARY SCHOOL
PEDESTRIAN SAFETY IMPROVEMENTS PROJECT IN THE
CITY OF CHULA VISTA, CALIFORNIA, (TF368) FEDERAL
PROJECT NO. TCSP 5203(026)" PROJECT AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE
ORDERS UP TO THE CONTINGENCY OUNT OF $40,000
DIRECTOR OF PUBLIC WORKS
ASSISTANT DIRECTOR OF ENG
~._-
CITY MANAGER ~r.- ~~
ASSISTANT CITY MANAGER ~ 1
4/STHS VOTE: YES ^ NO
SUMMARY
On August 31, 2011, the Director of Public Works received eight (8) sealed bids for the
"Harborside Elementary School Pedestrian Safety Improvements Project in the City of Chula
Vista (TF368), Federal Project No. TCSP 5203(026)". This project is included in the
FY2010/FY2011 Capital Improvement Program budget to provide pedestrian safety
improvements in the vicinity of Harborside Elementary School. The proposed resolution (1)
rejects the first apparent low bidder as non-responsive due to bid irregularities and awards the
contract to the second lowest bidder, PAL General Engineering, Inc., in the amount of
$378,379, and (2) authorizes the expenditure of available funds in the project.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a
Class 3 categorical exemption pursuant to Section 15303 [New Constriction or Conversion of
Small Strictures] of the State CEQA Guidelines because the proposed street improvements consist
of small new features including sidewalks, pedestrian ramps, signage and street pavement to be
constructed within existing public street right-of--way. Thus, no further environmental review is
necessary.
RECOMMENDATION
Council adopt the resohtion.
8-1
10/04/11, Item ~'
Page 2 of 4
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
This is a Federally assisted project under the Safe Accountable Flexible Efficient Transportation
(SAFETEA-LU)-Transportation and Community and System Preservation (TCSP) Program.
Staff submitted an application for authorization and received preliminary engineering
authorization in year 2009. The proposed work includes the installation of new sidewalk at
various locations along with pedestrian ramps, the replacement of various existing pedestrian
ramps with new ramps meeting current ADA requirements, and the widening of Industrial
Boulevard from Naples Street to just north of Moss Street in order to accommodate new bike
lanes on the east and west sides of Industrial Boulevard. New signage and striping along
Industrial Boulevard will be installed in order to delineate and identify the new bike lanes.
On August 31, 2011, the Director of Public Works received the following eight (8) sealed bids:
CONTRACTOR SUBMITTAL RESULTS TOTAL
SUBMITTED
Incomplete Bid Proposal form,
1 AVI-Con, Inc., Riverside, California Incomplete UDBE forms, & $347,000.00
missing si ed Addendum
2 PAL General Engineering, Inc., All requirements Met $378
379.00
San Diego, California ,
3 Palm Engineering Construction Co., Inc., All requirements Met $384
513.00
San Diego, California ,
4 Tri-Group Construction & Development, Inc., All requirements Met $392
499.00
San Diego, California ,
5 HTA Engineering & Construction, Inc., Missing signed Addendum $396
063.90
Poway, California ,
6 3-D Enterprises, Inc.,
San Diego, California All requirements Met $407,376.00
~ The Heffler Company, Inc.,
El Cajon, California Miscalculated Bid Grand Total $562,103.00
8 Blair Rasmussen Construction, Inc., Miscalculated Bid Grand Total $627
668.66
San Diego, California ,
Staff reviewed the apparent low bid by AVI-Con, Inc., and determined that the bid is non-
responsive due to the following: Bid Proposal form did not include the written unit price for any of
the items of work; UDBE forms were incomplete; and, signed Addendum #1 was not submitted with
bid package. Non-responsive bids are addressed on Page 7 of the contract specifications,
"REJECTION OF PROPOSALS CONTAINING ALTERATION, ERASURES, OR
8-2
10/04/11, Item '~
Page 3 of 4
IRREGULARITIES". Staff sent a notification letter of the rejection of bid to AVI-Con, Inc. on
September 6, 2011.
Staff then reviewed the second lowest bid submitted by PAL General Engineering, Inc., and
determined that the bid package is complete, with no errors or omissions. Therefore, staff
recommends awarding a contract in the amount of $378,379 to PAL General Engineering, Inc.,
of San Diego, California.
The bid submitted by PAL General Engineering, Inc. of $378,379 is below the Engineer's
estimate of $401,579 by $23,200, or approximately 6%. This contractor has satisfactorily
completed several projects for the City and their Contractor's License No. 916931 is current and
active.
The proposed resolution would also authorize the Director of Public Works to approve change
orders over and above existing policy limits. Under City Council Policy No. 574-01, if an
individual change order causes the cumulative increase in change orders to exceed the Director's
authority ("Maximum Aggregate Increase in Change Orders"), then City Council approval is
required. The corresponding maximum aggregate contract increase that may be approved by the
Director of Public Worlcs under Policy No. 574-01 is $29,487. Approval of tonight's resolution
would increase the Director of Public Worlcs' authority to approve change orders, as necessary,
up to the contingency amount of $40,000, an increase of $10,513 over Policy No. 574-O1.
Increasing the contingency funds will allow staff to continue the project without delay should
unforeseen circumstances resulting in increased project costs arise during the course of
construction, as well as make adjustments to bid item quantities. Unforeseen conditions include
such items as utility conflicts, hazardous materials, unexpected underground conflicts, etc. If the
contingency fiends are not used, then they will be returned to the project fiord balance.
Disclosure Statement
The Contractor's Disclosure Statement is included as Attachment 1.
Wage Statement
Contractors bidding on this project are required to pay prevailing wages to persons employed by
them for work under this project. No specific minority or women owned business requirements
were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to
various trade publications in order to encourage disadvantaged businesses to bid on the project.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the properties, which are the subject of this action.
8-3
10/04/11, Item ~S
Page 4 of 4
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund as this. project is funded with Grant Funds -
Transportation, Community and System Preservation Program (TCSP) and TransNet. There are
sufficient funds in the project necessary for completion. A breakdown of the constriction cost is
as follows:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $378,379
B. Contingencies (approx. 9%) $40,000
C. Construction Inspection Staff Cost $60,000
D. Constriction Survey & Design Staff Cost $20,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $498,379
ON-GOING FISCAL IMPACT
Upon completion of the project, the improvements will require only routine street, sidewalk, and
traffic signal maintenance, as well as approximately $500 to $1,000 per year for maintenance of
required storm water pretreatment devices.
ATTACHMENTS
1. Contractor's Disclosure Statement
Prepared by: Boushra Salem, P.E., Senior Civil Engineer, Public Works Department
J: IEngineerlAGENDAICAS20/1110-04-IIITF368 Award ContractREV.doc
8-4
f
~TT~#-iNf~NT ~
~C~'I'Y ®~' ~~T~A ~IS`I`A ~IS~I,®SIJR~ ~TA'I`ElVl~l~i'~
Pursuant to Council Policy 101-dI, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
MARLA JAFISF.AN - PRESTDENT
ABD JAHSHAI3 - VICE PRESIDENT
2, If any personT identif ed pursuant to (1) above is a corpozation or partnership, list the names of ail
individuals with a $2000 investment in the business (corporationlpartnership} entity.
N/A
3. If any person* identified pursuant to (l) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee ar beneficiary or
trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
MARLA JAHSHAN - PRESIDENT
ABD JAHSHAN - VICE PRESIDENT
5. Has any person* associated with this contract bad any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes No x
22
Q;1En;inaeringlAll Prajec[s\TF~TF368-F3arborsidelConuau & Specs1TF368 Contract Specificaaop.bfs2-M.doc
8-5
If Yes, briefly describe the nature of the financial interest the offcial** may have in this contract.
t
6.
Signature of ontractor/Applicant
MARS JAHSHAN
Print or type name of Cantractar/Applicant
~~
Have you made a contribution of more than $250 within the past twelve (I2) months to a current
member of the Chula Vista City Council? No X Yes _ If yes, which Council member?
Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (•12} months? {This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _.__ No ~C
If Yes, which official** and what was the nature of item provided?
Date: ~ 3~ ~~~
Person is defined as: any individual, firm, co-partnership, ,}oint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
23
Q:1Engineering\A!1 Projects1TF11'F363-HarborsidelCon(ract & Specs\TF363 Contract Specificaiion.b£sZ-Nt.doe
8_6
RESOLUTION NO.2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING THE BID OF THE FIRST
APPARENT LOW BIDDER AS NON-RESPONSIVE AND
AWARDING THE CONTRACT TO THE SECOND LOWEST
BIDDER, PAL GENERAL ENGINEERING, INC., IN THE
AMOUNT OF $378,379 FOR THE "HARBORSIDE
ELEMENTARY SCHOOL PEDESTRIAN SAFETY
IMPROVEMENTS PROJECT IN THE CITY OF CHULA
VISTA, CALIFORNIA, (TF368) FEDERAL PROJECT NO.
TCSP 5203(026)" PROJECT AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE
ORDERS UP TO THE CONTINGENCY AMOUNT OF $40,000.
WHEREAS, On August 31, 2011, the Director of Public Works received eight (8) sealed
bids for "Harborside Elementary School Pedestrian Safety Improvements Project in the City of
Chula Vista (TF368}, Federal Project No. TCSP 5203(026)", CIP No. TF368 project; and
WHEREAS, the work to be done consists of installation of new sidewalk at various
locations along with pedestrian ramps, the replacement of various existing pedestrian ramps with
new ramps meeting current ADA requirements, and the widening of Industrial Boulevard from
Naples Street to just north of Moss Street in order to accommodate new bike lanes on the east
and west sides of Industrial Boulevard. New signage and striping along Industrial Boulevard
will be installed in order to delineate and identify the new bike lanes; and
WHEREAS, the Director of Public Works received eight (8) bids as follow:
CONTRACTOR SUBMITTAL RESULTS TOTAL
SUBMITTED
Incomplete Bid Proposal form,
1 AVI-Con, Inc., Riverside, California Incomplete UDBE forms, & $347,000.00
missin si ned Addendum
2 PAL General Engineering, Inc., All requirements Met $378,379.00
San Diego, California
3 Palm Engineering Construction Co., Inc., All requirements Met $384,513.00
San Diego, California
4 Tri-Group Construction & Development, All requirements Met $392,499.00
Inc., San Diego, California
5 HTA Engineering & Construction, Inc., Missing signed Addendum $396,063.90
Poway, California
6 3-D Enterprises, Inc., All requirements Met $407,376.00
San Diego, California
7 The Heffler Company, Inc., Miscalculated Bid Grand Total $562,103.00
El Cajon, California
8 Blair Rasmussen Construction, Inc., Miscalculated Bid Grand Total $627,668.66
San Diego, California
8-7
Resolution
Page 2
WHEREAS, staff reviewed the apparent low bid by AVI-Con, Inc., and determined that
the bid is non-responsive due to the following: Bid Proposal form did not include the written unit
price for any of the items of work; UDBE forms were incomplete; and, signed Addendum # 1 was
not submitted with bid package.
WHEREAS, non-responsive bids are addressed on Page 7 of the contract specifications,
"REJECTION OF PROPOSALS CONTAINING ALTERATION, ERASURES, OR
IRREGULARITIES". Staff sent a notification letter of the rejection of bid to AVI-Con, Inc. on
September 6, 201 l; and
WHEREAS, staff then reviewed the second lowest bid submitted by PAL General
Engineering, Inc., and determined that the bid package is complete, with no errors or omissions,
and recommends awarding the contract to PAL General Engineering, Inc., San Diego, CA in the
amount of $378,379; and
WHEREAS, the low bid submitted by PAL General Engineering, Inc. is below the
Engineer's estimate of $401,579 by $23,200 (approximately 6% below the Engineer's estimate);
and
WHEREAS, this contractor has satisfactorily completed several projects for the City and
their Contractor's License No. 916931 is current and active; and
WHEREAS, in order to approve change orders as necessary, staff is requesting City
Council waive Council Policy No. 574-O1.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby reject the first apparent low bidder as non-responsive due to bid irregularities,
and award the contract for the "Harborside Elementary School Pedestrian Safety Improvements
Project in the City of Chula Vista (TF368), Federal Project No. TCSP 5203(026)", CIP No.
TF368 project to PAL General Engineering, Inc., in the amount of $378,379.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby waive Council Policy 574-01 and authorize the Director of Public Works to approve
change orders, as necessary, up to the contingency a-~ ~--~` ~~ ~' ^ n nnn
Presented by
Richard A. Hopkins
Director of Public Works
8-8