HomeMy WebLinkAboutAgenda Statement 1985/10/01 Item 8 COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 10/1/85
ITEM TITLE: Resolution 42/Y47 Accepting bids and awarding contract for
"Drainage Improvements 'F' Street Basin near Woodlawn Avenue
between 'F' Street and 'G' Street in the City of Chula Vista,
California"
SUBMITTED BY: Director of Public Works/City Engineer 01/--- 7
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
At 2:00 p.m. on Wednesday, September 4, 1985, in Conference Room 3 in the
Public Services Building, the City Engineer received sealed bids for "Drainage
Improvements 'F' Street Basin near Woodlawn Avenue between 'F' Street and 'G'
Street in the City of Chula Vista, California." This project was included in
the 1983-84 Block Grant Program. The work involves removal and disposal of
existing improvements, excavation and grading, sidewalk, various sizes of pipe
(Alternate A - reinforced concrete pipe, Alternate B - cast in place concrete
pipe, Alternate C - spiral rib galvanized steel pipe) , various drainage
structures, concrete lined channel , barricade, masonry wall , trench shoring
and other miscellaneous work shown on the plans.
RECOMMENDATION: That City Council :
1 . Authorize expenditure of $253,000.00.
2. Accept bids and award contract to Pestana Pipeline, Inc. in the amount of
$229,945.00 for the construction of Alternate B (cast in place concrete
pipe).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Bids were received for the three alternates for construction of the drainage
improvements near Woodlawn Avenue between "F" Street and "G" Street as follows:
Alternate C
Alternate B (Spiral rib
Alternate A (Cast in Place galvanized
Bidder (All RCP) and RCP) steel pipe)
1 . Pestana Pipeline, Inc. - Coronado No bid $229,945.00 No bid
2. Dyno Construction, Inc. - San Diego $266,246.35 246,492.71 $244,863.13
3. Kip , Inc. - San Marcos No bid 297,139.00 No bid
Page 2, Item 8
Meeting Date 10/1/85
The low bid for Alternate A (all RCP) by Dyno Construction, Inc. , San Diego
was above the engineer' s estimate of $238,828 by $27,418.35 or 11.5%. The low
bid for Alternate B (RCP and cast in place pipe) by Pestana Pipeline, Inc. -
Coronado, was above the engineer' s estimate of $215,484 by $14,461 or 6.7%.
The low bid for Alternate C (spiral rib steel pipe) by Dyno Construction - San
Diego was above the engineer' s estimate of $202,062 by $42,801 .13 or 21 .2%.
We have reviewed the low bids and recommend awarding the contract to Pestana
Pipeline, Inc. since they bid the lowest cost alternate.
The Department of Housing and Urban Development has approved the eligibility
of this contractor to perform the work.
Attached is the contractor' s disclosure statement.
Irregularities in the Low Bid
As part of the bid submittal to the City, the contractor was to include: 1 )
City of Chula Vista Contractor Questionnaire (Exhibit C) , and 2) List of
Subcontractors status as minority/women-owned business (Exhibit D). The low
bidder for this project failed to include these two items with his bid
submittal . We have reviewed the protest with the City Attorney and in his
opinion the irregularities are minor and do not justify rejecting his bid.
Pestana Pipeline, Inc. , has submitted the missing documents as part of the
Minority Business and Women Enterprise Program. The contractor has
satisfactorily met the goals set forth in the program. Dyno Construction Inc.
also charged that the bidders bond did not include a corporate seal . The
bidders bond was the corporate seal on it from the Indemnity Company but not
the contractor. The City Attorney has indicated that the seal is not
necessary nor was it required in the specifications.
The issue is should the Council award the contract to the second low bidder,
because the low bidder did not submit information with the bid package
technically required in the specifications. It is staff' s opinion that the
purpose of a contract is to construct a public improvement for the public good
at the lowest public cost. The taxpayers should not suffer because of a minor
irregularity of the low bidder. It is, therefore, recommended that the
contract be awarded to Pestana Pipeline, Inc. for construction of the storm
drain facilities utilizing Alternate B (cast in place pipe).
Attached is the letter of protest from Dyno Construction Inc.
FISCAL IMPACT: After the storm drain facilities are completed, routine City
maintenance will be required. If the Council awards the project to Dyno, the
cost for the bid will increase $14,918.13.
WPC 1652E
September 23, 1985
File: A0034
TO: City Manager
City Attorney
City Clerk
Director of Finance
FROM: Director of Public Works/City Engineer
SUBJECT: Resolution accepting bids and awarding contract for "Drainage
Improvements 'F' Street Basin near Woodlawn Avenue between 'F'
Street and 'G' Street in the City of Chula Vista, California"
The following a summary of the financial statement for the above project.
Fund Availability
Account #632-6320-BG140 - "Woodlawn Avenue Drain" $269,014.63
Funds Required for Construction
a. Contract amount $229,945.00
b. Contingencies (approx. 10%) 23,055.00
Total funds for construction of project $253,000.00
SLH:fp
WPC 1653E
RECEIVED
]r • ::I T'( OF CHIP L=!;v.
CONSTRUCTION, INC. j`?&5 SEP 12 All 10: 25
September 9, 1985
Mr. John Lippitt " s' J.
City of Chula Vista "
276 Fourth Ave.
Chula Vista, California 92010
RE: Drainage Improvements "F" Street Basin near Woodlawn Ave. between
"F" Street and "G" Street in the City of Chula Vista, California
Gentlemen:
I was informed by Shale Hanson, of the City of Chula Vista,
that the City was intending to accept the low bid on this project
despite their incompleted bid package.
I examined the bid package in question and noted the following
deficiencies:
1. Bid bond was not corporate sealed.
2. City of Chula Vista Contractor Questionaire
(Exhibit 'C' ) was not filled out.
3. List of subcontractors (Exhibit 'D' ) was
not filled out.
The "Proposal Requirements and Conditions" , (copy attached)
specifically deals with what will be included in each bid package
submitted. There does not seem to be very much leeway in the wording
"the following documents must be completed. . ."
It's inconceivable to me that the City is going to ignore these
rather obvious omissions in the low bidders documents.
Even more inconceivable to me is that this determination is
coming from the City of Chula Vista. During the last job we did
for the City, we were constantly required to submit all paperwork,
payrolls and the likes to the very letter of the law.
It seems to me that the City only dots their I's and crosses
their T's when it is in their best interests to do so.
We strongly protest your intention to award this contract to
the apparent low bidder. We look upon an incomplete bid package
as a serious matter and would hope you do also.
We look forward to hearing from you concerning this matter.
Sincerely ours,
R. Christopher Hinman, Vice President & General Manager
Copy: Department of Housing & Urban Development
2500 Wilshire Blvd.
Los Angeles, California 90057
(619)569-4866 • 8045 RAYTHEON ROAD • SAN DIEGO, CA 92111 • LICENSE# 384294-A
PROPOSAL REQUIREMENTS AND CONDITIONS
EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK:
The bidder is required to examine carefully the site of and the proposal ,
plans, specifications, and contract forms for the work contemplated, and it
will be assumed that the bidder has investigated and is satisfied as to the
conditions to be encountered, as to the character, quality, and quantities of
work to be performed and materials to be furnished, and as to the requirements
of the specifications, the special provisions, and the contract. It is
mutually agreed that submission of a proposal shall be considered prima facie
evidence that the bidder has made such an examination.
PROPOSAL FORM:
All proposals must be made upon forms furnished by the Engineering Department.
The following documents /ust`.e completed and submitted with the bid:
1. Proposal
2. Designation of Subcontractors
3. Affidavit to Accompany Proposal
4. Bidder's Bond
5. City of Chula Vista Contractor Questionnaire (Exhibit C)
6. List of Subcontractors (Exhibit D)
7. Addendums (if any)
The low bidder must complete the following prior to the pre-award conference:
1 . Disclosure Statement
2. Section 3 Employment and Contracting Plan Format (Exhibit B)
3. Schedule A - Minority and Women Business Enterprise' Eligibility
Questionnaire and/or Joint Ventures (Exhibit E)
After award of the contract, the successful bidder must complete the following
additional documents:
1 . Bond for Faithful Performance
2. Bond for Material and Labor
3. Contract
4. Non-Collusion Affidavit
5. Workmen's Compensation Insurance Declaration
6. Guarantee (if required)
REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES, OR IRREGULARITIES:
Proposals may be rejected if they show any alterations of form, additions not
called for, conditional or alternative bids, incomplete bids, erasures, or
irregularities of any kind.
CITY OF CHULA VISTA
DISCLOSURE STATEMENT
Contractor's Statement of Disclosure of Certain Ownership Interests on all contract
which will require discretionary action on the part of the City Council , Planni n
Commission, and all other official bodies.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract i.e. ,
contractor, subcontractor, material supplier.
N/A
2. If any person identified pursuant to (1 ) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the partnership.
N/A
3. If any person identified pursuant to (1) above is a non-profit organization or a
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.
N/A
4. Have you had more than $250 worth of business transacted with any member of the City
staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes No xx If yes, please indicate person(s)
Person is defined as: "Any individual , firm, copartnership,
social club, fraternal organization, corporation, estate, trust, venture,eceiver,assyndicate,
this and any other county, city and county, city, municipality, district or other
political subdivision, or any other group or combination acting as a unit. "
(NOTE: Attach additional pages as necessary. )
a�2 a,.,3t� 9/4/85
Sign re of tort ctor/date
WPC 1281E
ESTANA PIPELINE INC.
Print or type name of contractor
Form No. F-229
12/73
CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Balance
I HEREBY CERTIFY that the money required for the
appropriation of funds for the purpose set forth in the attached
resolution is available in the Treasury, or is anticipated to
come into the Treasury, and is otherwise unappropriated.
Amount $ Fund
Purpose
Bidder
Director of Finance
The City of Chula Vista
Date By
Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation
to be incurred by the contract or agreement authorized by the
attached resolution can be incurred without the violation of any
of the provisions of the Charter of the City of Chula Vista, or
the Constitution or the laws of the State of California, that
sufficient monies have been appropriated for the purpose of said
contract, that sufficient monies to meet the obligations of the
contract are actually in the Treasury, or are anticipated to come
into the Treasury to the credit of the appropriation from which
the same are to be drawn, and that said monies now actually in
the Treasury, together with the monies anticipated to come into
the Treasury, to the credit of said appropriation are otherwise
unencumbered.
Amount Not to Exceed $ 253,000.00
/a; 0
Directo of Finance
The City of Chula Vista
Date 10/01/85 By Public Works/City Engineer
Fund 632 Dept./Activity 6320-BG140
Purpose Contract for Drainage Improvements F Street Basin near Woodlawn Avenue
Bidder Pestana Pipeline, Inc.
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