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Home My WebLink About2007/08/07 Item 8 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: 8/7 /07 I tern 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISlllNG A CAPITAL IMPROVEMENT PROJECT (CIP) DR-173, THE "FIFTH AVENUE DRAINAGE IMPROVEMENT PROJECT", AUTHORIZING INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECTS TO CIP DR-173 IN THE AGGREGATE AMOUNT OF $455,164 TO COMPLETE THE PROJECT, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "FIFTH AVENUE DRAINAGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. DR-173)" PROJECT TO MJC CONSTRUCTION IN THE AMOUNT OF $212,685 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS AS NECESSARY IN AN AGGREGATE AMOUNT NOT TO EXCEED $53,171 DIRECTOR OF GENERAL ERVICES ~~ , J '7--) CITY MANAGER ASSISTANT CITY 4/5THS VOTE: YES L8J NO D BACKGROUND The proposed project provides for the construction of a drainage facility west of Fifth A venue at the intersection of Fifth Avenue and Clariss Street in the City of Chula Vista. On Wednesday, July 11, 2007 at 2:00 p.m, the Director of General Services received six (6) sealed bids for the "Fifth Avenue Drainage Improvements, in the City of Chula Vista, California (CIP No. DR- 173)" project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 2(c) categorical exemption pursuant to Section 15302, entitled Replacement or Reconstruction of the State CEQA Guidelines. Thus, no further environmental review is necessary. 8-1 8/7/07, Item B Page 2 of 4 RECOMMENDATION 1. Council adopt resolution establishing a Capital Improvement Project entitled "Fifth Avenue Drainage Improvements in the City ofChula Vista, California (CIP No. DR- 173)" and transferring existing funds from various capital improvement proj ects to DR-173 for said purpose. 2. Council adopt resolution accepting bids and awarding contract for the "Fifth Avenue Drainage Improvements, in the City of Chula Vista, California (CIP No. DR-133)" project to MJC Construction, in the amount of$212,685.00. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION This project consists of the installation of a concrete U-charmel (approximately 210 linear feet) west of Fifth Avenue (see Attachment I). The general scope of the project involves all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, and other work necessary to construct the project in accordance with City standards. The project is located downstream of and will work in conjunction with "Emerson Street Drainage improvements" (DR-133). The Emerson Street drainage project, now in construction, was identified as a top drainage priority in the Infrastructure Deficiency Report presented to Council on April 5, 2007. As part of the more specific drainage study done for DR-133, the area of the proposed project (DR-173) was identified as one with a high probability of flooding. The design for the project before Council tonight will serve to provide protection for the public and private properties in the vicinity. DR-133 was awarded first because it's a larger project and requires more construction time. DR-173 will be completed concurrently with DR 133. BID ACCEPTANCE On July 11, 2007, General Services staff received and opened bids from six (6) contractors as follows: CONTRACTOR BID AMOUNT 1. MJC Construction - Bonita, CA $212,685.00 2. Metropolitan Construction Bonita, CA $222,880.50 3. New Century Construction - Lakeside CA $228,522.00 4. Palm Engineering - San Diego, CA $236,115.00 5. Bonita Pipeline, Inc. - Bonita, CA $275,352.90. 6. Zondiros Corp - San Marcos, CA $322,464.00 The apparent lowest bid of $212,685 submitted by MJC Construction is $27,315 or approximately 11.4% below the Engineer's estimate of $240,000. The Engineer's estimate was based on average prices for similar types of work completed during the last two years. References provided by the contractor have been reviewed and their work record found to be 8-2 8/7/07, ItemL Page 3 of 4 satisfactory. This Contractor has also performed on past City projects and the work was consistent with City standards. The Contractor's license is current. Approval of tonight's resolution will also authorize City staff to expend all available funds and increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen circumstances may cause an increase in quantities beyond what was anticipated during the preparation of the project specifications. Due to the age of the surrounding area, unforeseen circumstances may occur during the removal of the existing improvements and the Contractor may find field conditions different from proposed improvement plans and specifications. As a result, a change order for additional labor and/or material may be required to complete the project. This is a typical situation with all storm drain projects built within this area. 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. Under said City Council Policy, the amount would be $29,156. However, approval of tonight's resolution will increase the Director of Public Works Operations' authority to approve change orders as necessary up to the contingency amount of $53,171. If this money is not used during construction, the additional funds shall be redistributed to the appropriate original funding source. DISCLOSURE STATEMENT Attached is a copy of the Contractor's Disclosure Statement (Attachment 2). STAFF COSTS As part of an ongoing program to correct drainage through Emerson Street and Fifth Avenue, staff sought the expertise of an engineering firm to help resolve the difficult utility issues. With the aid of CV ALDO Corporation, the City was able to bring in new ideas and allocate staff s time to other projects. CV ALDO Corporation completed the design and after review of CV ALDO's design, staff was able to advertise this project. Said firm is one of three that have an on-call contract with the General Services Department for expertise and workload issues. A Staff Resource Implementation has been provided as Attachment 3. 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. FISCAL IMPACT At this time, staff recommends awarding the contract in the amount of $212,685 to accomplish the construction of the capital improvement project DR-173. 8-3 8/7/07, Item /3 Page 4 of 4 FUNDS REQUIRED FOR PROJECT Contract Amount $212,685 Contingencies (25% of contact amount) $53,171 Total Hard Cost (T.H.C) $265,856 Consultants and Staff Time Cost Consultant Staff Time Total % ofT.H.C. Survey Work $0 $32,000 $32,000 12.04% Design/Construction Management $54,000 $22,750 $76,750 28.87% Construction Inspection $0 $40,000 $40,000 15.05% Environmental $0 $1,000 $1,000 0.38% Engineering $0 $490 $490 0.18% Right of Way $0 $17,368 $17,368 6.53% City Attorney/Finance/GIS $0 $1,000 $1,000 0.38% Soil Testing and Study $0 $10,000 $10,000 3.76% Permits and Other Proiect Cost Title Reports $1,700 Property Owner's Compensation $8,000 Miscellaneous $1,000 Total Soft Cost $189,308 TOTAL $455,164 FUNDS AVAILABLE FOR PROJECT A. Capital Improvement ProjectlFiscal Agent $0 B. Residential Construction Tax (RCT) $0 Interproject Transfer From DR 169 (Fiscal Agent) $45,094 Interproject Transfer From DR 165 (Fiscal Agent) $10,000 Interproject Transfer From DR 160 (Fiscal Agent) $198,544 Interproject Tranfer From DR 160 (RCT) $20 1,526 TOTAL $455,164 There is no impact to the General Fund. Upon completion of the project, the improvements will require only routine City drainage maintenance. Because of the clear and present necessity for this project, staff is proposing fund to be transferred from DR-160 that is a lower priority project and DR-165 and DR-169 that have been completed and have funds remaining ATTACHMENTS Attachment 1 - Project Area Plat Attachment 2 - Contractor Disclosure Statement Attachment 3 - Staff Resource Implementation Prepared by: Roberto Yano, Sr. Civil Engineer, General Services M:\General Services\GS Administration\Council Agenda\DR.173\DR173.a113Rl pgs.doc 8-4 AiT.t\CHMENT Z- 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. :::TAv II;;. (a. ;)1 M G: NE.... 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. ::lAvl!:;\>- :::rIME>-.lE~ 3. If any person" identified pursuant to (1) above is a non-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. (...J/A . 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. irA\J1t:::-p. :T'MF-:./'.J~L- 5. Has any person" associated with this contract had any financial dealings with an official"" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No~ 15 M:\General ServicesIDesignIDRI73IDR 173-CONTRACf.doc 8-6 ,ATT,l\CHMENT _ Z, 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 Connnission 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 infonnation must be disclosed: 1. List the names of all persons having a fmancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ::TAVlE=-(.2.. 3'IMSNE."Z- 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. :JAVle",- ::rIMF"'r-.lE"Z- 3. If any person' identified pursuant to (I) above is a non-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 ofthe trust. f..J1A. . 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. ;T'A\Jlc::,p' :T't--tF:I'o..JF!..L.- 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No~ 15 M:\General ServicesIDesignIDRI73IDR 173-CONTRACf.dQC 8-6 If Yes, briefly descn"be 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 )t.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 Chu1a Vista in the past twelve (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: 1-11- 0'"1 0~~ SIgnature of Contractorl Applica trAVIEI4 -::t\Me.NS:Z.. Print 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, city, municipality, 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 ofa board, commission, or committee of the City, employee, or staff members. 8-7 ATTACHMENT 3 STAFF RESOURCE IMPLEMENTATION Project: "FIFTH A VENUE DRAINAGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. DR-I 73)"drainage facility west of Fifth. The proposed project will construct a 4.5 feet deep by 1 0 feet wide concrete U .channel (approximately 210 linear feet) west of Fifth Avenue at the intersection of Fifth Avenue and Clariss Street in the City of Chula Vista. 1) Project Management $22.750 Budget: The budget is first analyzed for contractibility from design to construction. Staff time for design, survey, right-of-way, environmental processing and others. This budgent is monitored continually and documented for future Staff time refinement. Department Coordination Environmental: Even though this project was a categorical exemption, coordination with the Environmental group was necessary to comply with state laws. Right of Way: Coordination of one easement and 3 right of entries were required for this project. Construction Survey: Identify infrastructure and digitized information, determine limits of properties, create plats and legal descriptions & quality control (QC). Coustruction Inspection: Conference for different construct ability methods & QC and Quality Assurance. Public Works Operations: Discussed future maintenance of proposed facilities Processing/Council Agenda preparation: This project involved City ordinance research and coordination with City attorneys. Utilities Company Coordination: Coordination with Utility Companies to eliminate infrastructure conflict with utility facilities. 2) Desil!n $54.000 Improvement Plans: The City puts lots of effort in the creation of improvements plans because they are the means to transfer information from the office to the field Contractor and City staff. In addition improvement plans become contract documents between the Contractor and the City. In this case, a consultant was used because of workload issues. Specification: Special instructions to the Contractor are written and public safety and utilities protection is written in to specification. Quality Control is cheeked for construct ability. These Specifications also become the contract documents between the Contractor and the City. The specification define the materials to be used, installation procedures, quantities, pay items and test to be performed for each improvement. 8-8 Analysis of Survey Points: Survey crew is sent out to gather data to physical locations of existing improvements. These points are tied to real world coordinate systems. Base Drawing Creation: With the survey points, existing infrastructure is laid out. Research is conducted to identifY the infrastructure of both seen and unseen facilities. Often times, pot holing is done to verifY underground facilities. Proposed Storm Drain Alignment and Profile: With the existing improvements and limitations to design standard, a new proposed alignment is created. From this alignment the Storm Drain profile is created and analyzed for functionality. Storm Drain Study: Documentation of analysis is written for project record keeping. Modification and design criteria are detailed. Because of the magnitude and complexity of the improvements a detail study was performed for the design storm. Based on this study, correct size and slope were determined for the proposed improvements. 8-9 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING CIP DR-I 73, THE "FIFTH A VENUE DRAINAGE IMPROVEMENT PROJECT, AUTHORIZING INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECTS TO CIP DR-I73 IN THE AGGREGATE AMOUNT OF $455,164 TO COMPLETE THE PROJECT, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, the Infrastructure Deficiency Report presented to Council on April 5, 2007 (Report) identified various areas throughout the City as having drainage deficiencies; and WHEREAS, a more specific drainage study done for one of the areas (DR-B3 - Emerson Street Drainage Project) listed in the Report, identified the area of the proposed project (DR-I 73) as one with a high probability of flooding. WHEREAS, the Fifth Avenue Drainage Improvement Project has been proposed to address the concerns raised by the more specific drainage study; and WHEREAS, City Staff and the consultant firm of Cvaldo Corporation prepared the plans, contract documents and technical specifications for "Fifth Avenue Drainage Improvements in the City of Chula Vista, California (CIP No. DR-173)"; and WHEREAS, the cost estimate for CIP No. DR-I73, including design, construction, permits, testing, etc. as identified in the Council Agenda Statement is $455,164.00; and WHEREAS, staff suggests the establishment of a Capital Improvement Project, entitled "Fifth Avenue Drainage Improvements" (CIP No. DR-173); and WHEREAS, staff recommends an interproject transfer from various existing Capital Improvement Projects to the "Fifth Avenue Drainage Improvements in the City of Chula Vista, California (CIP No. DR-173)" in the amount of $455,164.00 ($45,094 from DR-169, $10,000 from DR-165, $198,544 from DR-160, and $201,526 from DR-160(RCT)) to complete the project; and WHEREAS, the Capital improvement project DR-165 and DR-I 69 have been completed and have funds remaining, and DRI60 "F Street Drainage Facilities" has a lower priority and has sufficient funds to transfer $400,070 to the "Fifth Avenue Drainage Improvements in the City of Chula Vista, California (CIP No. DR-173)"; and 8-10 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby establish a Capital Improvement Project, entitled "Fifth Avenue Drainage Improvements," CIP DR.I?3, authorize interproject transfers from existing capital improvement project DR.165 ($10,000), DR-169 ($45,094) and Capital Improvement Project DR.160 "F Street Drainage Facilities" ($198,544 and $201,526), to DR.l73 in the aggregate amount of $455,164.00 to complete the project, and authorize the expenditure of all available funds in the project. Presented by Jack Griffin Director of General Services 8-11 RESOLUTION NO. 2007- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE FIFTH AVENUE DRAINAGE IMPROVEMENTS, IN THE CITY OF CHULA VISTA, CA (CIP No. DR-173) TO MJC CONSTRUCTION IN THE AMOUNT OF $212,685 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS AS NECESSARY IN AN AGGREGATE AMOUNT NOT TO EXCEED $53,171. WHEREAS, City staff and the consultant firm of Cvaldo Corporation prepared the plans, contract documents and technical specification for the "Fifth Avenue Drainage Improvements, in the City ofChula Vista, California (CIP No. DR-173)" project and advertised the project; and WHEREAS, On July 11, 2007, the Director of General Services received six (6) sealed bids for the "Fifth Avenue Drainage Improvements, in the City of Chula Vista, California (CIP No. DR-173)" project; and WHEREAS, MJC Construction of Bonita California submitted a bid of $212,685.00 which is $27,315 or approximately 11.4% below the Engineer's estimate of $240,000, and WHEREAS, staff has verified the references provided by the contractor and the contractor has previous done satisfactory work for the City; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 2(c) categorical exemption pursuant to Section 15302, entitled Replacement or Reconstruction of the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, staff recommends awarding MJC Construction for the "Fifth Avenue Drainage Improvements, in the City ofChula Vista, California (CIP No. DR-l?3)" project in the amount of$212,685; and WHEREAS, though the contract bid was based on conditions believed to be existing, all underground projects have a level of risk due to the unknown challenges that could be encountered under the surface in the course of construction. When such unforeseen circumstances arise, they may cause an increase in quantities beyond what was anticipated during preparation of the project specification; and WHEREAS, in light of such unforeseen circumstances, staff recommends a waiver of Council Policy 574-01, to permit the Director of Public Works Operations' to authorize change orders as necessary in an aggregate amount not to exceed $53,171. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of ChulafVista does accept bids and award contract for the "Fifth Avenue Drainage Improvements, in the 8-12 City of Chula Vista, California (CIP No. DR-I73)" Project to MJC Construction in the amount of$212,685. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby waives the change order limitations in Council Policy 574-01 to permit the Director of Public Works to authorize change orders as necessary in an aggregate amount not to exceed $53,171. Jack Griffm Director of General Services Presented by 8-13