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HomeMy WebLinkAbout2012/02/14 Item 11CITY COUNCIL AGENDA STATEMENT ~ ..~ ~,~- ``i~i~i~ ciTY of CHULA VISTA 2/14/12, Item ITEM TITLE: PUBLIC HEARING TO CONSIDER WAIVING A MINOR IRREGULARITY IN THE BID RECEIVED FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP PROJECT NO. STL- 362)"PER CITY CHARTER SECTION 1009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A FINANCIAL COMMITMENT FROM THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR THE THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP NO. STL- 362) OF UP TO $100,000 IN CASH OR A COMBINATION OF CASH AND A REDUCTION IN THE SCOPE OF THE THIRD AVENUE VILLAGE SIGN PROGRAM INCLUDED IN THE BASE BID FOR THE FIRST PHASE OF CONSTRUCTION BETWEEN "H" STREET AND STATION 28+50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INTER-PROJECT TRANSFER OF $840,000 TO THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT" FROM THE "ORANGE AVENUE LIBRARY PARK (CIP PROJECT NO. PR-311)" (4/STHS VOTE REQUIRED) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE 1, FROM STA 28+50 SOUTH OF CENTER STREET TO `H' STREET (CIP PROJECT NO. STL-362)," TO 3-D ENTERPRISES, INC. OF SAN DIEGO IN THE BASE BID AMOUNT OF $4,296,999.90, AND WAIVING CITY COUNCIL POLICY NO. 574-01 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS UP TO A NET CUMULATIVE AMOUNT OF $283,103.10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO APPLY FOR ADDITIONAL TRANSNET SMART GROWTH AND OTHER GRANT FUNDS IN ORDER TO COMPLETE THE THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT FROM APPROXIMATELY STA 28+50 TO "F" STREET AND/OR "E" STREET, AS APPROPRIATE SUBMITTED BY: ASSISTANT CITY MANAGEEV PMENT SERVICES DIRECTOR DIRECTOR OF PUBLIC WOIR~KKS ASSISTANT DIREC O OF ENG REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~~ 4/STHS VOTE: YES ® NO ^ 11-1 2/14/12, Item~_ Page 2 of 7 SUMMARY On August 10, 2011, the Director of Public Works received sealed bids for the re-bid of the "Third Avenue Streetscape Improvement Project, Phase 1, from STA 28+50 South of Center Street to `H' Street." The re-bid represented the elimination of work between STA 28+50 (near Fuddruckers) and a point north of "F" Street. A total of four bid proposals were received. The low bid is $4,296,999.90 submitted by 3-D Enterprises, Inc. of San Diego. The public hearing would consider waiving a minor $0.10 mathematical error in the contractor's base bid. The proposed resolutions would: (1) accept a financial commitment of up to $100,000 from the Third Avenue Village Association (TAVA); (2) approve aninter-project transfer of $840,000 from CIP No. PR-311; (3) award a contract to 3-D Enterprises, Inc. in the amount of $4,296,999.90 and waive City Council Policy No. 574-01 and authorize the Director of Public Works to execute all change orders up to a net cumulative amount of $283,103.10; and, (4) authorize staff to apply for additional TransNet Smart Growth and other grant funds in order to complete the Third Avenue Streetscape Improvement Project from approximate STA 28+50 to "F" Street and/or "E" Street, as appropriate. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Environmental Impact Report for the Chula Vista Urban Core Specific Plan (UCSP), Final Environmental Impact Report-06-O1 ("FEIR-06-O1 "). Pursuant to the California Environmental Quality Act (CEQA) on April 26, 2007 the City, acting as Lead Agency, certified FEIR-06-O1 for the UCSP. On January 25, 2011 the City, acting as Lead Agency, having found and determined that certain amendments to the UCSP, including the referenced Third Avenue Streetscape improvements, would not result in significant unmitigated impacts and that only minor technical changes or additions to FEIR-06-O1 were necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent environmental document had occurred, adopted an Addendum to FEIR-06-01. Therefore, no further CEQA actions or determinations are necessary. Additionally, because the project proposes to utilize federal Community Development Block Grant (CDBG) monies, the Development Services Director has also reviewed the proposal for compliance with the National Environmental Policy Act (NEPA) as implemented by the U.S. Department of Housing and Urban Development (HUD) Environmental Guidelines. The Development Services Director has determined that the project proposal qualifies for a previously certified Categorical Exclusion (subject to 58.5) pursuant to Code of Federal Regulations (CFR) Title 24, Section 58.35(a). Thus, no further NEPA environmental review or determination is necessary. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. ~~-2 2/14/12, Item ~~ Page 3 of 7 DISCUSSION Proiect Background/Description Third Avenue, between "H" Street and "E" Street is designated in the City's Urban Core Specific Plan as a Smart Growth area. Smart Growth is characterized as providing a variety of transportation choices, pedestrian-friendly access, and strong links between land uses and regional transportation. Smart Growth fosters distinctive and amactive communities with strong and unique identities, drawing people to them, thereby enhancing the area's overall vitality and economic stability. With those guiding principles in mind, City staff prepared plans to implement the first phase of the Urban Core Specific Plan's (UCSP's) Third Avenue Streetscape improvements between H Street and F Street. Project features include: ^ Shorter Pedestrian Crossings and Improved Pedestrian and Multi-modal Accessibility ^ A Special Event Plaza Adjacent to Memorial Park ^ More Open Sidewalks for "People Gathering," Strolling, and Outdoor Dining ^ New Covered Transit Shelters with Seating and Improved ADA Accessibility ^ Community Gateway Features and Directional Signs ^ Decorative Concrete & Pavers ^ Improved and Energy Efficient Pedestrian Lighting ^ New Drought-Tolerant Landscaping ^ Additional Street Trees & Tree Up-Lighting ^ Removal of 1980s-era Planters and Planter Boxes ^ New Seating, Benches, and Street Furniture Public Works Contract Bid Because of uncertainty regarding Redevelopment Agency funding, City Council rejected the previous bid on September 27, 2011 and the project re-bid as follows: Base Bid: All work from "H" Street to Station 28+50 (near Fuddruckers) Additive Alternative A: Miscellaneous items Additive Alternative B: All work from Station 28+50 to just north of "F" Street Additive Alternative C: Removal of Raised Planters between "F" Street and "E" Street The basis for determining the low bidder is the Base Bid, as specified in the bid documents. On November 9, 2011, the Director of Public Works received the following four bids: 11-3 2/14/]2, Item f1 Page 4 of 7 Contractor Base Bid* Additive A Additive B Additive C 3-D Enterprises, Ina $4,296,999.90 $1,317,073.00 San Diego, California (corrected) (corrected) 0 $11,500.00 $57,00.0 $4,297,000.00 $1,387,073.00 (as bid) (as bid) L.H. Engineering Co. $4,434,143.50 $1,569,862.60 Anaheim California (corrected) (corrected) , $100 000 00 $10,500.00 , . $4,448,833.50 $1,570,362.60 (as bid) (as bid) LB Civil Construction $4,538,738.20 $1,442,586.17 San Diego, California (corrected) 450 00 000 00 $50 $7, . . , $4,545,788.42 $1,469,910.17 (as bid) (as bid) TriGroup Construction $5,102,841.00 $2.040,380.00 and Development, Inc. (corrected) (corrected) San Diego, California $6,214,214.00 $15,000.00 $2,041,028.00 $140,000.00 (as bid) (as bid) * Base Bid is Basis of Award The low bid submitted by 3-D Enterprises, Inc. is less than 1% below the Engineer's estimate. The contractor submitted alLrequired items and the bid was determined by staff to be responsive, except that the contractor's bid total was in error by $0.10 and staff recommends that this minor mathematical error be waived as immaterial. Staff has verified the contractor's references and evaluated the work performed by the contractor on previous City projects and has determined that their work is satisfactory. The Contractor's License No. 621125 is current and active. Therefore, staff recommends that a construction contract be awarded to 3-D Enterprises, Inc. in the amount of $4,296,999.90. The total funds needed for construction are summarized as follows: Base Bid $4,296,999.90 Reduce Water Relocation Work (Fuddruckers to "F" Street) - $ 128,060.00 Contingencies $ 283,]03.10 1. Change Order for Sand Seal & Striping to Implement Urban Core Specific Plan (UCSP) Lane Configurations (STA 28+50 to "F" Street) 2. Contingencies on Base Contract Staff Charges $ 350,000.00 Material Testing $ 50,000.00 TOTAL FUNDS NEEDED FOR CONSTRUCTION $4,852,043.00 Staff recommends that the water relocation work at "F" Street be delayed until such time as additional funds become available to complete the streetscape work, including bulb-outs between STA 28+50 and "F" Street, thereby resulting in a $128,060 reduction in the base contract, which 11-4 2/14/12, Item ~~ Page 5 of 7 would be implemented via contract change order. Staff further recommends that all UCSP traffic modifications (i.e., traffic signal modifications, lane configurations, etc.) from STA 28+50 to "E" Street be implemented at this time. Proposed Fundine to Complete Streetscape Improvements from "H" Street to Station 28+50 Staff recommends the following combination of existing and proposed appropriations in order to award a contract to 3-D Enterprises, Inc. and construct the improvements from "H" Street to Station 28+50: Funding Source Prior Appropriations Proposed FY11-12 Proposed FY12-13 Proposed FY13-14 Totals TransNet Smart Growth Gran[ $1,545,494 $1,545,494 RDA Bayfront/Town Centre I (Bond Proceeds) $ 642,398 $ 642,398 Community Development Block Grant $ 562,665 $ 375,000 $ 375,000 $1,312,665 TrarSc Signal Fund $ 400,000 $ 400,000 _SweetwaterAuthoriry-Water Relocations $ 11,486_ _ _ _____ _____ _ _ ____ _ $ 11,486 Prooosed Additional Funding TAVA Contribution~Sign Program Adjustments $100,000 $100,000 lnrer-Pro/ect Transfer from PR-311 $ 840, 000 $ 840,000 TOTAL CONSTRUCTION FUNDS $3,162,043 $ 840,000 $475,000 $375,000 $4,852,043 At its February 1, 2012 meeting, the TAVA Board, the City's partner in the Third Avenue Streetscape project, voted to commit up to $100,000 in funding to the project in the form of a cash contribution or a combination of cash and a reduction in the scope of the Third Avenue Village Sign Program included in the base bid. Staff recommends that the City Council accept TAVA's financial commitment to the project. Staff also proposes the inter-project transfer of $840,000 from the Orange Avenue Library Park project (CIP No, PR-311) because the funds currently in the project are insufficient to construct the improvements in the park's master plan, which was approved by City Council in 2009. Staff is exploring a number of options that would fully fund the Orange Avenue Library Park and deliver park improvements. Additionally, the $840,000 is needed to award the bid for construction of improvements on Third Avenue and leverage the funds already received from the Smart Growth program for this project. Further, it is desirable to construct the public plaza adjacent to Memorial Park at this time because this feature of the Third Avenue Streetscape project is key in implementing the revitalization efforts for the Third Avenue Village. The City has submitted a Proposition 84 Grant Application with the State of California in the amount of $2.9 million to fully fund the Orange Avenue Library Park, without the use of any local funds. Staff has been informed by the State that the City will be notified whether it has or has not been awarded the grant in Spring 2012. If the grant is not received, then the existing park funding is inadequate to construct the park and park amenities prioritized by the community due to the costs of grading and the support infrastructure needed to develop the property into a community park. Should the City be unsuccessful in receiving the Proposition 84 grant funding for the park, then 11-5 2/14/12, Item ~~ Page 6 of 7 staff will return to the City Council in Fall 2012 with an alternate funding proposal to provide the park improvements. Funding for the project, as proposed above, could potentially result in a shortfall in Capital Improvement Program (CIP) staff reimbursements in FY2012 and FY2013, which would be realized and recovered in FY 2014 with the appropriation of CDBG funds to the project. Protect Change Order Authority Staff is also requesting that the City Council authorize the Director of Public Works ("Director") to approve change orders over and above existing policy limits. Under City Council Policy No. 574- Ol,the Director is authorized to execute individual additive and deductive contract change orders up to $50,000 and cumulative (net) change orders up to a specified maximum based upon the base contract amount authority ("Maximum Aggregate Increase in Change Orders"). The corresponding maximum aggregate contract increase that may be approved by the Director under Policy No. 574- 01 is $237,850. Approval of the resolution awarding the contract to 3-D Enterprises, Inc. would also authorize the Director to execute all contract change orders up to a cumulative amount of $283,103.1, with no maximum individual change order limit. Waiving City Council Policy No. 574-01 will allow staff to continue the project without delay should unforeseen circumstances resulting in increased project costs arise during the course of construction, make adjustments to bid item quantities, and implement a deductive change order for the reduced scope in water relocation work without further City Council approval. Unforeseen conditions include such items as utility conflicts, hazardous materials, unexpected underground conflicts, etc. Future Streetscape Implementation Phases Once construction is underway for the current phase of the Third Avenue Streetscape Project, the City will be able to apply for additional TransNet Smart Growth Grant funds to continue construction of the improvements to just north of "F" Street (this segment is ready for construction), or to "E" Street, if possible. Therefore, staff requests that the City Council also approve a resolution that would authorize staff to apply for additional TransNet Smart Growth and other grant funds in order to complete the Third Avenue Streetscape Improvement Project from approximately STA 28+50 to "F" Street and/or "E" street, as appropriate. 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. CURRENT YEAR FISCAL IMPACT Funding for the project, as proposed above, could potentially result in a shortfall in Capital Improvement Program (CIP) staff reimbursements in FY2012 and FY2013, which would be realized and recovered in FY 2014 with the appropriation of CDBG funds to the project. ONGOING FISCAL IMPACT Upon completion of contractor maintenance, the Third Avenue Village Association (TAVA) will assume responsibility for a majority of the streetscape's maintenance in accordance with an 11-6 2/14/12, Item Page 7 of 7 agreement approved by City Council on December 13, 2011 by Resolution No. 2011-255; the City will maintain the streets, street trees, and street pavers (for line and grade only) at a cost to the City not more than similar streets that do not have such streetscape enhancements. ATTACHMENTS 1. Contractor's Disclosure Statement Prepared by: KirkAmmerman, Principal Civil Engineer, 2-07-20/2, 1505 J:\Engineer\AGENDA\CAS2012\02-14-12\STL-362 Award 2-14-12rev.doc ~~-~ $,TTACkiMENT CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, 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. 3-~ ~1~1~,V~'I,SP~t I~.~ 2. If any person'k identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporationlpartnership) entity. 5~~1~ ~ Se~r~~~ 3. L`any person's identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director ofthe non-profit organization or as trustee or beneficiary or trustor of the trust. ~ ( / /L 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. Nom 5. Has a<ry person* associated with this contract had any financial dealines with an official'k* of the City of Chula V ista as it relates to this contract within the past 12 months? Yes No ~ 125 Q:\EngineerinnWll Projeds~STL\STL362Vic-Bid Spec.l0A6 ~O7 ySSL362 SPEC? Final-R-CM.10.132071.doc If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $2>0 within the past hvelve (12) months to a current member of the Chula Vista City Council? No~ Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official*" of the City of Chula Vista in the past hvelve (12) months? (This includes being a source of income, money to retire a ]egal debt, gifr, loan; etc.) Yes T No X If Yes, which official** and what was the nature of item provided? Date: ll ~ Il "`Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, SWA, or other politica] subdivision, -or any other group or combination acting as a unit. *Official includes, but is not limited to: Mayor, Council member, Planning Cotmnissioner, Member of a board, commission, or committee of the City, employee, or staff members. 126 Q \EneincerineV+(I Projeds\STL\STL36?1Re-Bid Spca I0.06.2011,1$~'L3k? SPEC? Pinal-R-CM.10.13?Ot Ldoc Print or type name of Contractor/Applicant RESOLUTION N0.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A FINANCIAL COMMITMENT FROM THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR THE THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP NO. STL-362) OF UP TO $100,000 IN CASH OR A COMBINATION OF CASH AND A REDUCTION IN THE SCOPE OF THE THIRD AVENUE VILLAGE SIGN PROGRAM INCLUDED IN THE BASE BID FOR THE FIRST PHASE OF CONSTRUCTION BETWEEN "H" STREET AND STATION 28+50 WHEREAS, the City of Chula Vista ("City") and the Third Avenue Village Association ("TAVA") have partnered in the development of the Third Avenue Streetscape Master Plan and Improvement Project; and WHEREAS, funding for the first phase of construction between "H" Street and Station 28+50 (near Fuddruckers Restaurant) is inadequate due to the elimination of Redevelopment Agencies and redevelopment funding in the State of California; and WHEREAS, the City and TAVA desire to complete the first phase of construction, including the public plaza adjacent to Memorial Park which is a key feature of the Third Avenue Streetscape Master Plan and revitalization efforts for the Third Avenue Village; and WHEREAS, at its February 1, 2012 meeting, the TAVA Boazd voted to commit up to $100,000 in funding to the project in the form of a cash contribution or a combination of cash and a reduction in the scope of the Third Avenue Village Sign Program included in the base bid. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a financial commitment from the Third Avenue Village Association for the Third Avenue Streetscape Improvement Project (CIP No. STL-362) of up to $100,000 in cash or a combination of cash and a reduction in the scope of the Third Avenue Village Sign Program included in the base bid for the first phase of construction of the Third Avenue Streetscape Improvement Project between "H" Street and Station 28+50 Presented by Richard A. Hopkins Director of Public Works Approved as to form by //1Mn,m- / / v Glen R. Googins City Attorney 11-10 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INTER-PROJECT TRANSFER OF $840,000 TO THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP PROJECT NO. STL-362)" FROM THE "ORANGE AVENUE LIBRARY PARK (CIP PROJECT NO. PR- 311)" PROJECT WHEREAS, City staff prepared specifications for the "Third Avenue Streetscape Improvement Project, Phase 1, from STA 28+50 South of Center Street to `H' Street" and advertised the project on October 14, 2011; and WHEREAS, on November 9, 2011, the Director of Public Works received four (4) sealed bids for the project as follows: Contractor Base Bid* Additive A Additive B Additive C 3-D Enterprises, Inc. $4,296,999.90 $1,317,073.00 San Diego, California (corrected) (corrected) $57 500 00 $11,500.00 . , $4,297,000.00 $1,387,073.00 (as bid) (as bid) L.H. Engineering Co. $4,434,143.50 $1,569,862.60 Anaheim, California (corrected) (corrected) 00 000 $100 $10,500.00 . , $4,448,833.50 $1,570,362.60 (as bid) (as bid) LB Civil Construction $4,538,738.20 $1,442,586.17 San Diego, California (corrected) $50 000.00 $7,450.00 , $4,545,788.42 $1,469,910.17 (as bid) (as bid) TriGroup Construction $5,102,841.00 $2.040,380.00 and Development, Ina (corrected) (corrected) 000 00 $140 California Di S $15,000.00 . , ego, an $6,214,214.00 $2,041,028.00 (as bid) (as bid) * Base Bid is Basis of Award WHEREAS, a total of $4,852,043 in construction funding is needed to complete all construction work, including project contingencies; and 11-11 Resolution No. Page 2 WHEREAS, total funding available to the project is $4,012,043, including future allocations of FY2013 and FY 2014 Community Development Block Grant (CDBG) funding totaling $750,000 and a commitment of $100,000 from the Third Avenue Village Association, leaving a funding gap of $840,000; and WHEREAS, the Streetscape improvements must be constructed from "H" Street to the north as a requirement of grant funding received under the TransNet Smart Growth program; and WHEREAS, it is desirable to complete the Third Avenue Streetscape project from "H" Street to north of the proposed public plaza, which is a key feature in implementing the revitalization efforts for the Third Avenue Village; and WHEREAS, the available funding is only sufficient to complete construction to approximately Park Way, south of the public plaza; and WHEREAS, the funds currently available in the "Orange Avenue Library Park" project are insufficient to construct the full park improvements proposed in the approved park master plan; and WHEREAS, the City has submitted a Proposition 84 Grant Application with the State of California in the amount of $2.9 million to fully fund the Orange Avenue Librazy Park. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an inter-project transfer of $840,000 to the "Third Avenue Streetscape Improvement Project (CIP Project No. STL-362)" from the "Orange Avenue Library Park (CIP Project No. PR-311)." Presented by Richard A. Hopkins Director of Public Works Approved as to form by ..' ,L- Glen R. Googins City Attorney 11-12 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR IRREGULARITY IN THE BID RECEIVED FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP PROJECT NO. STL-362)" PER CITY CHARTER SECTION 1009, ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE 1, FROM STA 28+50 SOUTH OF CENTER STREET TO `H' STREET (CIP PROJECT NO. STL- 362)," TO 3-D ENTERPRISES, INC. OF SAN DIEGO IN THE BASE BID AMOUNT OF $4,296,999.90, AND WAIVING CITY COUNCIL POLICY NO. 574-01 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS UP TO A NET CUMULATIVE AMOUNT OF $283,103.10 WHEREAS, City staff prepared specifications for the "Third Avenue Streetscape Improvement Project, Phase 1, from STA 28+50 South of Center Street to `H' Street." and advertised the project on October 14, 2011; and WHEREAS, on November 9, 2011, the Director of Public Works received four (4) sealed bids for the project as follows: Contractor Base Bid* Additive A Additive B Additive C 3-D Enterprises, Inc. $4,296,999.90 $1,317,073.00 San Diego, California (corrected) 11 500 00 (corrected) $57 500 00 $ , . , . $4,297,000.00 $1,387,073.00 (as bid) (as bid) L.H. Engineering Co. $4,434,143.50 $1,569,862.60 Anaheim, California (corrected) 10 500 00 (corrected) $100 000 00 $ , . , . $4,448,833.50 $1,570,362.60 (as bid) (as bid) LB Civil Construction San Diego, California $4,538,738.20 (corrected) $7 450 00 $1,442,586.17 $50 000 00 , . , . $4,545,788.42 $1,469,910.17 (as bid) (as bid) Tri-Group Construction $5,102,841.00 $2.040,380.00 and Development, Ina (corrected) $15 000 00 (corrected) $140 000 00 San Diego, California $6,214,214.00 , . $2,041,028.00 , . (as bid) (as bid) * Base Bid is Basis of Award 11-13 Resolution No. Page 2 WHEREAS, during review of bid proposals, the low bid submitted by 3-D Enterprises, Inc. of San Diego, CA (3-D Enterprises) in the amount of $4,297,000.00 was determined to contain a minor irregularity; and WHEREAS, when this error is accounted for, 3-D Enterprise's corrected bid is $4,296,999.90 (an error of $0.10); and WHEREAS, it is in the benefit of the public to waive the aforementioned irregularity because the $0.10 error is minimal and does not affect the outcome of the overall bid and determination of the low bidder, particularly when considering that even with such an error the bid is $137,143.60 lower than the second lowest bidder; and WHEREAS, staff recommends that the minor irregularity in the bid received from 3-D Enterprises, Inc. be waived as immaterial and that the contract for the "Third Avenue Streetscape Improvement Project, Phase 1, from STA 28+50 South of Center Street to `H' Street" be awarded to 3-D Enterprises, Inc. in the amount of $4,296,999.90; and WHEREAS, the low bid submitted by 3-D Enterprises, Inc. is below the Engineer's estimate by less than 1 %; and WHEREAS, 3-D Enterprises, Inc. has satisfactorily completed projects of a similar nature for other agencies, and its Contractor's License No. 621125 is current and active; and WHEREAS, in order to approve all change orders as necessary, staff is requesting City Council waive Council Policy No. 574-01. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby finds that it is in the benefit of the public to waive the above stated minor bid irregularity and therefore waives the minor bid irregularity as immaterial, accept bids, award the contract for the "Third Avenue Streetscape Improvement Project, Phase 1, from STA 28+50 South of Center Street to `H' Street" to 3-D Enterprises, Inc. in the amount of $4,296,999.90, and waive City Council Policy No. 574-01 and authorize the Director of Public Works to execute all change orders up to a net cumulative amount of $283,103.10 Presented by Approved as to form by Richard A. Hopkins Director of Public Works !19Pj~ Glen R. Googins City Attorney 11-14 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO APPLY FOR ADDITIONAL TRANSNET SMART GROWTH AND OTHER GRANT FUNDS IN ORDER TO COMPLETE THE THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT FROM APPROXIMATELY STA 28+50 TO "F" STREET AND/OR "E" STREET, AS APPROPRIATE WHEREAS, City staff has prepared specifications for the "Third Avenue Streetscape Improvement Project," from "H" Street to "F" Street; and WHEREAS, on February 14, 2012, the City Council approved a contract to construct street improvements from "H" Street to approximately Station 28+50 south of Center Street; and WHEREAS, construction documents are ready to bid for the segment of Third Avenue from Station 28+50 to "F" Street; and WHEREAS, the City is eligible to apply for additional TransNet Smart Growth Grant funding; and WHEREAS, grant sources other than TransNet Smar[ Growth Grants may be available to fund additional Third Avenue Streetscape Improvements; and WHEREAS, it is desirable to complete the Third Avenue Streetscape project from "H" Street to "F" Street, and to "E" Street, if possible and if appropriate funding can be identified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize staff to apply for additional TransNet Smart Growth and other grant funds in order to complete the Third Avenue Streetscape Improvement Project from approximately Station 28+50 to "F" Street and/or "E" Street, as appropriate. Presented by Richard A. Hopkins Director of Public Works Approved as to form by -~ V ~. Glen R. Googins City Attorney 11-15 _~ ~ a/tc~-~ a~x a~ ~-~vv~~oe~oJ Jerry Thomas 619 3024410 1339 Second Avenue, Chula Vista CA 91911 February 14, 2012 Three years ago the implementation of a park on Orange Avenue was taken off the City Council consent calendar to substitute with the development of a proposed safer and more welcoming park next to the Southwest Chula Vista library.. For years Southwest Civic Association has been involved with Chula Vista in the planning and promise of this park for our neighbors, children ,youth sports, dog park, and families. It reached the final stage, the naming of the park during the recent holidays season. No Building is as important to the life of the Southwest Chula Vista area as the Orange Avenue International Library. It is important for many reasons. * It is at a crucial corner location and is an architectural masterpiece which is the cultural core of a whole area. * For such a vital public building which acts as a living room for the area, we need a park that will be a backyard for Southwest people. * The families of the southwest need a park that is easy to walk into off the street, provides accessibility and is welcoming and safe, just like Veterans Park. * The Library Park will be the glue -the gathering place that unifies the whole area. I believe if a park is finally built and used for several years, it will be the pride and joy of all the southwest. The park will make a new image for all the people of the southwest. This Library-Park Southwest Community center will reflect our rich diversity of heritage, talents, traditions, people of all ages and will increase our quality of life. The Southwest has become a universal area with all colors, creed, class, gender, age, and needs this park and its adjoi Wing Library to express this welcoming spirit to all people. I believe that the southwest is on the verge of something exciting and wonderful. This Library Park has been promised for years. Please do not disappoint the Southwest once again. Please fulfill the promise of the long needed Library Park. NOW.