HomeMy WebLinkAboutReso 2012-045RESOLUTION N0.2012-045
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. STL362)" 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. STL362)," 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 ], 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)
500
00
$57
$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
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.]7
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) (corrected)
$140
000
00
San Diego, California $15,000.00 ,
.
$6,214,214.00 $2,041,028.00
(as bid) (as bid)
* Base Bid is Basis of Award
Resolution No. 2012-045
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 Fiscal
Year 2013 and Fiscal Yeaz 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. STL362) in the Fiscal Year 2012/2013 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 fending not be approved in the Fiscal Year 2012/2013 Capital
Improvement Program (CIP) budget; and
WHEREAS, the City Council has held a public hearing 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. 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.
Resolution No. 2012-045
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
~~ _~~ i~%i~ii f
Richar A. Hyy cin
Director of I'rublic Works
Approved as to form by
Gl R. Goog' s
City y
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of March 2012 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
~~~
Donna R. Norris, C C, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
^ . I\n 4
~"~ `- ~-
Cheryl Cox, M or '
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2012-045 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of March 2012.
Executed this 13th day of March 2012.
~ ~ ~~~
Donna R. Norris, CMC, City Clerk