HomeMy WebLinkAbout2006/09/26 Item 2
COUNCIL AGENDA STATKMENT
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Item C"~
Meeting Date: 09/26/06
ITEM TITLE:
Resolution Accepting bids, rejecting bids due to disparities in
the bid proposal, and awarding contract for "Third A venue Sidewalk
Improvements, Between "D" Street and Fourth Avenue, in the City of
Chula Vista, CA (STL-299)" project; authorizing Mayor to execute said
contract; and authorizing the expenditure of the available contingencies for
the proj ect
Director of General service~.~5tr-
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City Manager} i
(4/5ths Vote: Yes_Nol)
SUBMITTED BY:
REVIEWED BY:
On September 13, 2006, at 2:00 p.m., the Director of General Services received seven (7) sealed
bids for the "Third Avenue Sidewalk Improvements, Between "D" Street and Fourth Avenue
(STL-299)" project. The work for the project primarily involves the construction of the missing
curb, gutter and sidewalk along the west side of Third Avenue between "D" Street and Fourth
Avenue. Other improvements associated with the project include cross-gutter, driveway,
pedestrian ramps, street pavement, retaining walls, storm drain and various site specific
improvements to restore properties and existing improvements affected by the project
construction to an equal to or better than condition. Further, all labor, material, equipment,
traffic control and transportation necessary for the project is also included.
RECOMMENDATION: That Council adopt resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Capital Improvement Program (CIP) budget for FY2006-07 includes funding for the design
and construction of the "Third Avenue Sidewalk Improvements, Between "D" Street and Fourth
Avenue (STL-299)" project.
The "Third Avenue Sidewalk Improvements, Between "D" Street and Fourth Avenue (STL-
299)" project will primarily construct the missing curb, gutter and sidewalk along the west side
of Third Avenue, between "D" Street and Fourth Avenue, in the City ofChula Vista, California.
Other proposed improvements associated with the project include cross-gutter, driveway, curb
and gutter, pedestrian ramps, street pavement, retaining walls, storm drain and various site
specific improvements to restore properties and existing improvements affected by the project
construction to an equal to or better than condition.
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Page 2, Item
Meeting Date:
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09/26/06
Drainage improvements are proposed in order to convey runoff associated with the project and
areas within the vicinity. The proposed drainage improvements will include installing new RCP
pipe underground and constructing a curb inlet and cleanouts at certain critical locations as
determined by the engineer of work.
In addition, this resolution authorizes the expenditure of the available contingencies for the
project. According to City Council Policy No. 574-01, if a change order exceeds the cumulative
contract change order aggregate amount allowable to be approved by the Director of Public
Works Operations, City Council approval is required. However, approval of tonight's resolution
will increase the Director of Public Works Operations' authority to approve change orders as
necessary up to the total contingency amount. As evident by the difference in bid amounts below,
underground projects typically have more unforeseen conditions because the existing
improvements beneath the surface are not completely known. Even though every feasible effort
(as-builts research, potholing, field survey) has been made to anticipate any conflicts, there is a
possibility once the underground work begins, unknown conditions will cause the project costs to
increase. In addition, construction of this improvement will occur during the rainy season and
could cause an increase in project cost due to extra protection measures necessary when rain is
eminent.
Biddinl!: Process
City staff received and opened bids on Wednesday, September 13, 2006 at 2:00 p.m. The
determination of the low bid was based on the total of the base bid amount. The City received
bids from seven (7) contractors as follows (bids sorted by the base bid amount):
CONTRACTOR BASE BID
1. Portillo Concrete, Inc. $310,965.90
Lemon Grove, California
2. Tri-Group Construction and
Development, Inc. $322,750.00
Powav, California
3. Koch-Armstrong Gen. Eng., Inc $357,095.90
Lakeside, California
4. Ramona Paving & Construction
Corp., Inc. $361,593.00
Ramona, California
5. HMS Construction, Inc. $399,853.00
San Marcos, California
6. Petil Construction & Eng., Inc.
San Diego, California $262,650.00
(Non-Resnonsive: Math Error)
7. MJC Construction, Inc.
Bonita, California $326,997.00
(Non-ResDonsive: Math Error)
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Page 3, Item
Meeting Date:
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09/26/06
Staff thoroughly reviewed all bids and it was determined Petil Construction & Eng., Inc.
although appeared to be the low bid, was not a responsive bidder. There were mathematical
errors in their proposal bid prices, therefore, staff is recommending, in accordance with the
Proposal Requirements and Conditions of the contract, rejecting the bid presented by Petil
Construction as "non-responsive". The bid proposal from MJC Construction, Inc. also contained
mathematical errors, therefore, staff is rejecting their bid declaring it "non-responsive".
Based on the disqualification of the original first low bidder, the second lowest bid submitted by
Portillo Concrete, Inc. was reviewed by City staff for potential award. The total low base bid
from Portillo Concrete, Inc. in the amount of $310,965.90 fully complied with all bid
requirements and was below the Engineer's estimate of $350,000.00 by $39,034.10 or
approximately 11.0%.
Design staff has verified the references provided by Portillo Concrete, Inc. and has found their
work to be satisfactory. Portillo Concrete, Inc. has also completed several CIP projects for the
City with satisfactory results. The Contractor's License Number for Portillo Concrete, Inc
(680144 / Class A) is clear and current. Therefore, staff recommends awarding the base bid
contract to Portillo Concrete, Inc in the amount of$310,965.90.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement as Attachment A.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and with the National Environmental Policy
Act (NEPA). The Environmental Review Coordinator has determined that the project qualifies
for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or
Conversion of Small Structures) of the State CEQA Guidelines and Categorical Exclusion
(subject to Sec. 58.5) pursuant to the U.S. Department of Housing and Urban Development
(RUD) guidelines for implementing NEP A. Thus, no further environmental review is necessary.
Decision Maker Conflicts
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the property which are the subject of this action.
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Page 4, Item d-
Meeting Date: 09/26/06
Fiscal Impact
The tables below detail the funds required and the funds available for the project:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount ($310,965.90) $310,965.90
B. Contingencies 15% $46,644.88
C. City Oversight (Administration and Inspection) $335,489.22
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $693,100.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. RCT $219,605.00
B. TDA $173,495.00
C. TRANSNET $300,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $693,100.00
There are sufficient funds held by the City to fully offset all costs associated with the
construction of this project, with no impact to the General Fund. Upon completion of the subject
project, the improvements will require only routine City maintenance.
Attachment: 1 - Disclosure Statement
M:\General Services\GS Administration\Council Agenda\STL-299\STL299-Council Report-rev.doc
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ATTACHHENT 1
City of Chuia Vista Disclosure Sbtemellt
Pursuar.t to Council Policy 101-01, prior to any action upon matters t':!at will require discretionary action
by the Council, Planning Commission and all other official bodies of t..'le City, a statement of disclosure of
certain ownership or fmancial 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 fma.'1cial interest lTI the property that is the subJec! of the
application or the contract, e.g., O'W1ler, a"pplicant, ccrrt:actor, subcontractor, material supplier.
M\9'ile
2. If any person* identined pursuant to (1) above is a corporaticn or partnership, list the names of all
indivicuals with a $2000 investment in the business (corporatiorJ]J21Wenhip) entity.
f-.J1A
,
3. If any person* idenrinec. pursuant ro (1) above is a non-profit organization or trust, list the names
of any person serving as dirr=~tor of the ncn-profit orgarization or as trustee or beneficiary or
trustor 0 f t'le trust.
!}J!A
4. Please identify every pencn, including any agents, employees, consultants, or independent
contrac!ors you have assigned to represent you before the City in wis oatrer.
~!A
S. Has any person' associa!ed wim dUs contract had any nna."lcoal dealings with an official*' of lh.e
Cicy of Cnula Vista as it relates to this contract withi"l the past 12 months? Yes_ No-X-
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M. \Engmeer\D ESI GN\StI299\CODITact3'STL299-CONTRACT(.gao?doc
liYes, briefly describe the nature arthe fmancial interest the official" may have in this contraCT.
t-J/I's
6. Have you made a contribution of more than $250 ...ithin the past t;;Nelve (12) months to a curreJ:t
member of the Chula Vista City Council? No )tYes _ If yes, which Council member?
7. Have you provided more tha."'1 $340 (or an item of equivalent value) to an official" of the City
ofChula Vista in 1:.c'le past h'ielve (12) months? (Tills includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No '<
If Yes, which official*" and what was the nature of item provided?
Date:
aA?J/o(c;
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Signature of Contractor! Applicant
Ma.r\o POlt1\\'O
Prm, or type name of Contractor! Applicant
,
Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
ci!:'J, municipali!:'}, 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.
M ,\Engineer\D ES IGNIS tl199lContractslSTL19 9-CONTRACT(~1J~.dOC
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS, REJECTING
BIDS DUE TO DISPARITIES IN THE BID PROPOSAL,
AND AWARDING CONTRACT FOR "THIRD A VENUE
SIDEWALK IMPROVEMENTS, BETWEEN "D"
STREET AND FOURTH A VENUE, IN THE CITY OF
CHULA VISTA, CA (STL-299)" PROJECT;
AUTHORIZING MAYOR TO EXECUTE SAID
CONTRACT; AND AUTHORIZING THE
EXPENDITURE OF THE A V AILABLE
CONTINGENCIES FOR THE PROJECT
WHEREAS, on September 13, 2006, the Director of General Services received seven (7)
sealed bids for the "Third Avenue Sidewalk Improvements, Between "D" Street and Fourth
Avenue (STL-299)" project:
CONTRACTOR BASE Bm
1. Portillo Concrete, Inc. 5310,965.90
Lemon Grove, CA
2. Tri-Group Construction and Development, Inc. 5322,750.00
Powav, CA
3. Koch-Armstrong Gen. Eng., Inc $357,095.90
Lakeside, CA
4. Ramona Paving & Construction Corp., Inc. $361,593.00
Ramona, CA
5. HMS Construction, Inc. 5399,853.00
San Marcos, CA
6. Peti] Construction & Eng., Inc.
San Diego, CA $262,650.00
(Non-ResDonsive: Math Error)
7. MJC Construction, Inc.
Bonita, CA $326,997.00
(Non-Responsive: Math Error)
WHEREAS, the original low bid, submitted by Petil Construction & Eng., Inc. is below
the Engineer's estimate of $310,965.90 by $48,3 ]5.90, however, a subsequent review of the
contractor's bid proposal by City staff uncovered mathematical errors in the bid proposal
calculations; and
WHEREAS, the bid proposal from MJC Construction, Inc. also contained mathematical
errors; and
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Resolution No. 2006-
Page 2
WHEREAS, the Proposal Requirements and Conditions of the contract specify that errors
in bid responses are cause for rejection of the bid as "non-responsive"; and
WHEREAS, City staff recommends that the original low bid submitted by Petil
Construction, Inc. and the bid submitted by MJC Construction, Inc. be declared "non-
responsive" and rejected by Council;
WHEREAS, based on the disqualification of the first low bidder for the project, the
second lowest bid for the project submitted by Portillo Concrete, Inc. was reviewed by City staff
for potential award; and
WHEREAS, the second lowest bid is below the Engineer's estimate of $310,965.90 by
$39,034.10 or approximately II %; and
WHEREAS, City staff has verified the references provided by the contractor and their
work has been satisfactory; and
WHEREAS, Portillo Concrete, Inc. has also completed several CIP projects for the City
with satisfactory results; and
WHEREAS, City staff recommends awarding the contract to Portillo Concrete, Inc. of
Lemon Grove, CA, in the amount of $310,965.90; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and with the National
Environmental Policy Act (NEP A). The Environmental Review Coordinator has determined that
the project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New
Construction or Conversion of Small Structures) of the State CEQA Guidelines and Categorical
Exclusion (subject to Sec. 58.5) pursuant to the U.S. Department of Housing and Urban
Development (BUD) guidelines for implementing NEPA. Thus, no further environmental
revIew IS necessary.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula
Vista does hereby reject the bids of Petil Construction, Inc. and MJC Construction, Inc., but
accepts the others, and awards a $310,965.90 contract for the Third Avenue Sidewalk
Improvements, Between "D" Street and Fourth Avenue (STL-299)" project; and authorizes the
expenditure of the available contingencies for the project.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
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Ann Moore
City Attorney
J:\Attomey\RESO\BIDS\Sidewalk improvement bid Third Ave. (STL299L09-26-06 reso.doc
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