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HomeMy WebLinkAbout2012/03/13 Item 15CITY COUNCIL AGENDA STATEMENT ~1 ~ \`~~~ CITY OF "'r"`CHUTAVISTA 3/13/12, 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 DIRECTING STAFF TO IDENTIFY FUNDING OF $840,000 FROM THE GENERAL FUND RESERVES, OR OTHER AVAILABLE FUNDING SOURCES, FOR THE "THIRD AVENUE STREETSCAPE PROJECT (CIP PROJECT NO. STL-362) IN THE FY 2012-13 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET 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 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 15-1 3/13/12, Item ~ ~ Page 2 of 7 SUBMITTED BY: ASSISTANT CITY MANAGER/DEV OPMENT SERVICES DIRECTOR DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECT R OF ENG EE REVIEWED BY: CITY MANAGER ASSISTANT CITY NAGER TULLOCH 4/STHS VOTE: YES ^ NO SUMMARY On August IQ 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 (neaz Fuddmckers) 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: (a) accept a financial commitment of up to $100,000 from the Third Avenue Village Association (TAVA); (b) direct staff to identify funding of $840,000 from the General Fund Reserves, or other available funding sources, for the Third Avenue Streetscape Project (CIP Project No. STL-362) in the FY 2012-13 Capital Improvement Program (CIP) budget; (c) waive a minor bid irregularity, accept bids, 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, (d) 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 prepazation of a subsequent environmental document had occurred, adopted an Addendum to FEIR-06-O1. 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 15-2 3/13/12, Item C ~ Page 3 of 7 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. DISCUSSION Project Back round/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 attractive 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: 15-3 3/13/12, Item ~ ~"' Page 4 of 7 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) 00 $57 500 $11,500.00 , . $4,297,000.00 $1,3 87,073.00 (as bid) (as bid) L.H. Engineering Co. $4,434,143.50 $1,569,862.60 Anaheim, California (corrected) (corrected) 000 00 $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) 000 00 $50 $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) $140 000 00 i lif $15,000.00 . , orn a San Diego, Ca $6,214,214.00 $2,041,028.00 (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 all required 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 awazded to 3-D Enterprises, Inc. in the amount of $4,296,999.90. The total funds needed for construction aze summazized as follows: Base Bid $4,296,999.90 Reduce Water Relocation Work (Fuddruckers to "F" Street) - $ 128,060.00 Contingencies $ 283,103.10 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 15-4 3/13/12, 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 Comnlete Streetscape Imnrovements 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 (between Madrona and Center Streets): Prior Proposed Proposed Funding Source Appropriations FY2012-13 FY2013-14 Totals TransNet Smart Growth Grant $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 Traffic Signal Fund $ 400,000 $ 400,000 SweetwaterAuthoriTy-Wa[erReloca[ions_ __ _ _ __ _ $_.11,486 _ __ _ __ _ $_11,486 Prooosed Additional Fundine TAVA Contribution/Sign Program Adjustments $ /00,000 $100,000 Appropriatran from General Fund Reserves, or OtherAvai[able Identified Funding Source $ 840,000 S 840,000 TOTAL CONSTRUCTION FUNDS $3,162,043 $1,315,000 $375,000 $4,852,043 * Proposed project funding per City Council Resolution No. 2011-192 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 recommends that City Council approve the resolution directing staff to identify funding of $840,000 from the General Fund Reserves, or other available identified funding sources, for the "Third Avenue Streetscape Project (CIP Project No: STL-362)" in the FY 2012-13 Capital Improvement Program (CIP) budget. The use of the General Fund Reserve to close the funding gap in the Third Avenue Streetscape project was directed by the City Council at the Februazy 28, 2012 meeting because failure to construct the project now could result in the loss of TransNet Smart Growth, RDA, and CDBG funds currently in the project, as well as TAVA's financial commitment and future TransNet Smart Growth Grant funding. Should the appropriation of General Fund Reserves be recommended at the time the proposed FY 2012-13 CIP budget is presented, staff will also report on how said reserve funds would be replenished, as required by the City's Reserve Policy. Because the eazliest the contractor would be able to start work if the contract is awarded this evening is May 2012, appropriation of the balance of the construction funds in the FY2012-13 CIP would not impair progress of the work or result in an inability to pay the contractor for work performed within the current fiscal year. The contractor has agreed to enter into a contract with the 15-5 3/13/12, Item Page 6 of 7 City upon the understanding that the scope of work would be reduced should Council choose not to appropriate the $840,000 and/or additional CDBG funding in the FY 2012-13 CIP. Finally, the proposed timing of FY 2013 and FY 2014 CDBG funding could potentially result in a shortfall in Capital Improvement Program (CIP) staff reimbursements of between $120,000 and $150,000 in FY2012 and of up to $200,000 in FY2013. This shortfall would be realized and recovered through a combination of potentially over-realized revenues in FY2012 and FY2013 and a CDBG appropriation to the project in FY 2014. Proiect Chance 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- 01, 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 these actions. CURRENT YEAR FISCAL IMPACT Funding for the project, as proposed above, may result in shortfalls in Capital Improvement Program (CIP) staff reimbursements of between $120,000 and $150,000 in FY2012 and of up to $200,000 in FY2013. This shortfall would be realized and recovered through a combination of potentially over-realized revenues in FY2012 and FY2013 and a CDBG appropriation in FY 2014. 15-6 3/13/12, Item t Page 7 of 7 ONGOING FISCAL IMPACT Funding from the General Fund or other available funds will be identified in the Fiscal Year 2012- 13 CIP budget for Council consideration. 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 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: Kirk Ammerman, Principal Civil Engineer, 3-08-2012, 1115 J:\EngineerWGENDA\CAS2012\03-13-12\STL-362 Award 3-13-12 Rev Ldoc 15-7 ~,TTAGH~JtE~6T 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. 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. S ~ ~ li' ~ SP~r~~~ 3. If any person" identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director of the 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 any person`p associated with this contract had any financial dealings with an official'"* of the City of Chula V ista as it relates to this contract within the past 12 months? Yes_ No~ 12> Q:~Engineerine~P.ll Projccts~STL1STL362Vte-Bid Spec.10.06 ~01 I~Si'L~fi?~PEC2 Final-R-CM.10.13 ~0] Ldoc 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 $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No?~ 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 V ista in the past hvelve (12}months? (This includes being a source of income, money to retire a legal debt, gift, loan; etc.) Yes - No X If Yes, which official"* and what was the nature of item provided? Date: ll ~ !1 *Persott 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 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. 126 Q:1Engincerin_\AIl Projects\STL\STL362\Rc-Bid Spec, f0.06.?01 I~T~}Cj35PEC2 Pinal-R-CM.10.13.?Ot Ldoc Print or type name of Lontractoriappncazn RESOLUTION NO. 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 Board 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 Glen R. Googins City Attorney 15-10 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO IDENTIFY FUNDING OF $840,000 FROM THE GENERAL FUND RESERVES FOR THE "THIRD AVENUE STREETSCAPE PROJECT (CIP PROJECT NO. STL -362) IN THE FY 2012 -13 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET 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 $4,538,738.20 $1,442,586.17 San Diego, California (corrected) $7,450.00 $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, Inc. (corrected) $15,000.00 (corrected) $140,000.00 $6,214,214.00 $2,041,028.00 San Diego, California (as bid) (as bid) * Base Bid is Basis of Award WHEREAS, funding totaling approximately $3.16 million is currently available in the project account for construction; and WHEREAS, City Council Resolution No. 2011 -192 directed staff to apply for FY 2013 and FY 2014 CDBG Capital Improvement grants totaling $750,000 for the Third Avenue Streetscape Improvement Project; and Resolution No. Page 2 WHEREAS, additional funding of $840,000 is required to fully construct the Phase 1 Third Avenue Streetscape Improvements as bid; and WHEREAS, at the February 28, 2012 meeting, the City Council directed that the General Fund Reserves be used to close the funding gap in the Third Avenue Streetscape Project because failure to construct the project now could result in the loss of TransNet Smart Growth, RDA, and CDBG funds currently in the project, as well as TAVA's financial commitment and future TransNet Smart Growth Grant funding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby direct staff to identify funding of $840,000 from the General Fund Reserves for the "Third Avenue Streetscape Project (CIP Project No. STL- 362)" in the FY 2012 -13 Capital Improvement Program (CIP) budget. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO IDENTIFY FUNDING OF $840,000 FROM THE GENERAL FUND RESERVES, OR OTHER AVAILABLE FUNDING SOURCES, FOR THE "THIRD AVENUE STREETSCAPE PROJECT (CIP PROJECT NO. STL-362) IN THE FY 2012-13 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET 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) 00 $57 500 $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) $100 00 000 $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) Tri-Group Construction $5,102,841.00 $2.040,380.00 and Development, Inc. (corrected) (corrected) $140 000 00 San Diego, California $6,214,214.00 $15,000.00 $2,041,028.00 , . (as bid) (as bid) * Base Bid is Basis of Award WHEREAS, funding totaling approximately $3.16 million is currently available in the project account for construction; and 15-11 Resolution No. Page 2 WHEREAS, City Council Resolution No. 2011-192 directed staff to apply for FY 2013 and FY 2014 CDBG Capital Improvement grants totaling $750,000 for the Third Avenue Streetscape Improvement Project; and WHEREAS, additional funding of $840,000 is required to fully construct the Phase 1 Third Avenue Streetscape Improvements as bid; and WHEREAS, at the Februazy 28, 2012 meeting, the City Council directed that the General Fund Reserves be used to close the funding gap in the Third Avenue Streetscape Project because failure to construct the project now could result in the loss of TransNet Smart Growth, RDA, and CDBG funds currently in the project, as well as TAVA's financial commitment and future TransNet Smart Growth Grant funding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby direct staff to identify funding of $840,000 from the General Fund Reserves, or other available funding sources, for the "Third Avenue Streetscape Project (CIP Project No. STL-362)" in the FY 2012-13 Capital Improvement Program (CIP) budget. Presented by Approved as to form by Richard A. Hopkins Director of Public Works Glen R. Googins City Attorney 15-12 RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING 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 STREETSCAPEIMPROVEMENT 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) (corrected) $57 00 500 $ 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) 8100 00 000 $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) 0 $50 000 00 $7,450.0 . , $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, Inc. (corrected) (corrected) 00 $140 000 San Diego, California $6,214,214.00 $15,000.00 $2,041,028.00 , . (as bid) (as bid) * Base Bid is Basis of Award 15-13 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), which is $137,143.60 lower than the second lowest bidder, and said error does not affect the outcome of the overall bid and determination of the low 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, funding totaling approximately $3.16 million is currently available in the project account for construction; and WHEREAS, City Council Resolution No. 2011-192 directed staff to apply for FY 2013 and FY 2014 CDBG Capital Improvement grants totaling $750,000 for the Third Avenue Streetscape Improvement Project; and WHEREAS, by separate action, City Council directed staff to identify funding of $840,000 from the General Fund Reserves, or other available funding sources, for the "Third Avenue Streetscape Project (CIP Project No. STL-362) in the FY 2012-13 Capital Improvement Program (CIP) budget; and WHEREAS, 3-D Enterprises, Inc. has agreed to commence work prior to the appropriation of all construction funds and acknowledges that the scope of work may be reduced should additional construction funding not be approved in the FY 2012-13 Capital Improvement Program (CIP) budget; and WHEREAS, the City Council has held a public heazing to consider waiving the minor irregularity in 3-D Enterprises, Inc.'s bid as immaterial, and finds that it is in the best interests of the public to waive said minor bid irregularity; 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 similaz nature for other agencies, and its Contractor's License No. 621' 125 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. 15-14 Resolution No. Page 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive a 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 Richard A. Hopkins Director of Public Works Approved as to form by i' /~3jyVIfY7 '' / GAR. Googins City Attorney 15-15 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 Smart 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 Approved as to form by Richard A. Hopkins Director of Public Works -'~/ ~ Glen City Attorney 15-16 �M 15 BRIEFLY ONANOTHER ISSUE - IF I MAY? THIRD AVE IMPROVEMENT OR A PARK ? ? ?? AGAIN NOT HAVING THE FIGURES : BUT WOULD LIKE TO OFFER MY CONSERVATIVE SUGGESTION ON THE WEST SIDE WE HAVE SOME FOLK WHO ARE ENTITLED TO THERE FAIR SHARE = PARKS AND ALL ELSE THAT THE CITYHAS TO OFFER. AT ONE TIME CHULA VISTA HAD MORE PARK THAN MOST CITIES PER CAPITA I SEE B USINESS ON THIRD AVENUE IN DIRE NEED OF HELP TO SURVIVE. IMPROVE IT MAKE IT ANATTRACTIONAND THEY WILL COME. IF DONE WELL WILL HELP TO PROVIDE THE FUNDS FOR THAT PARKAND OTHER NEEDS. I THANK YOUALL FOR YOUR TIME FOR MY PRESENTATION ebruary 22, 2012 v Dear Mayor Cox, and Councilmembers Patricia Aguilar, Steve Castaneda, and Pamela Bensoussan, I strongly urge you to support the Third Avenue Streetscape Master Plan which will be before you at City Council this Tuesday, February 28th. Your vote sends a strong message that you support our historic downtown village area and want to finish what has already been started. Don't let seven years of community effort and hundreds of thousands of our tax dollars go to waste. I'm counting on YOU to vote for the reallocation of crucial monies to the Third Avenue Streetscape Master Plan. Without which, our beloved Third Avenue Village will fail to see the revitalization it so desperately needs. Signed, NAME: n REPRESENTING: Et or (optional) ADDRESS: 11-170 jo/ �S PHONE: /// W_ . ii is �'