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Home My WebLink About2008/01/15 Item 3 CITY COUNCIL AGENDA STATEMENT ~f::. CIIT OF - - ~ - (HUlA VISTA 1/15/08, ItemL ITEM TITLE: RESOLUTION ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE 2ND LOWEST BID AND APPROVING THE THIRD LOWEST BID AND AWARDING CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (CIP NO. PR-295)" PROJECT TO MJC CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFOR DIRECTOR OF EN7!!!:G:r ~ENERAL SERVICE1...t1-. CITY MANAGER ASSISTANT CITY ANAGER 7'/ 4/5THS VOTE: YES [Z;] NO 0 SUBMITTED BY: REVIEWED BY: BACKGROUND On December 19, 2007, at 2:00 P.M., the Director of Engineering and General Services received nine (9) sealed bids for Phase 2 of the "Lauderbach Park Improvements in the City of Chula Vista, CA (PR-295)" project. This project represents the second and final phase of CIP project PR-295. Phase 2 of the project will include a new restroom facility, upgraded park security lighting, tot lot safety surfacing, fencing at the rear of the Boys and Girls Club to enclose the park play area and associated site specific improvements at Lauderbach Park. 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 3 (d) & (e) Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review IS necessary. RECOMMENDATION That Council adopt the resolution. 3-1 1/15/08, Iteml Page 2 of 4 BOARDS/COMMISSION RECOMMENDA nON The Parks and Recreation Commission unanimously endorsed this project on January 18,2007. DISCUSSION The "Lauderbach Park Improvements (PR-295)" project was approved by Council Resolution 2007-090 (Attachment 1) on April 17, 2007. The entire scope of work for the project was originally planned to be advertised and awarded as a single project consisting of various improvements to Lauderbach Park. However, in an effort to expedite the construction of a portion of the project, City Staff decided to advertise and award the project in two phases. Phase 1 of the project consisted of fencing improvements along the Oxford Street side of the Boys and Girls Club located at Lauderbach Park; this phase was approved by Council Resolution No. 2007-144 on June 12,2007 (Attachment 2) and construction has been completed. Phase 2 of the project, which is before City Council tonight for award, represents the second and final phase of the Lauderbach Park project and will include a new restroom facility, upgraded park security lighting, tot lot safety surfacing, fencing at the rear of the Boys and Girls Club to enclose the park play area and associated site specific improvements. In addition, this resolution authorizes the expenditure of all available contingencies for the project. That amount totals $48,190.00. 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, City Council approval is required. However, approval of tonight's resolution will increase the Director of Public Works authority to approve change orders as necessary up to the contingency amount of $36,733, plus an increase of $11,457 and authorize staff to expend all available contingencies and increase the value of the contract as necessary due to unforeseen circumstances. Building and underground proj ects typically have unforeseen costs because the eXlstrng conditions beneath the surface are not completely known. Even though every feasible effort (as- builts research, potholing, field survey, soils investigation) has been made to anticipate any potential problems, there is a possibility that once the excavation work begins, unknown conditions will surface and 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. Bidding Process The Director of Engineering and General Services received and opened bids on Wednesday, December 19, 2007, 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 nine (9) contractors as follows (bids sorted by the base bid amount): 3-2 1/15/08, Item~ Page 3 of 4 CONTRACTOR BASE BID l. HTA Engineering & Construction, Inc. - Poway, CA $381,460.00 2. CDM Construction, Inc. - El Cajon, CA $439,564.00 3. MJC Construction - Bonita, CA $481,905.00 4. St. Thomas Enterprises, Inc. - Bonita, CA $544,000.00 . 5. L.B. Civil Construction, Inc. - San Diego, CA $562,988.00 6. Bonsall Construction Services - Vista, CA $578,194.80 7. 3D Enterprises of San Diego, CA $591,455.00 8. New Century Construction, Inc. of Lakeside, CA $595,040.00 9. Palm Engineering Construction Co., Inc. of San $676,445.00 Diego, CA After the bids were received and opened, the low bidder HTA Engineering & Construction, Inc. requested that their bid be removed from consideration via written communication. See Attachment 3. The second apparent lowest bid, by CDM Construction, Inc., is rejected due to the presence of mathematical errors in the bid proposal. CDM Construction, Inc. was provided an opportunity to contest the rejection of their bid at an administrative hearing. Staff recommends that the CDM Construction, Inc. bid be rejected for substantive errors. The City has consistently rejected bids with mathematical errors in the past and the rejection of this bid conforms with past practices. The third lowest base bid from MJC Construction, in the amount of $481,905.00 fully complied with all bid requirements and was below the Engineer's estimate of $656,575.00 by $174,670.00 or approximately 26%. Design staff has verified the references provided MJC Construction, and has found their work to be satisfactory. The Contractor's License Number for MJC Construction is clear and current. Therefore, staff recommends awarding the contract to MJC Construction, in the amount of $481,905.00. Disclosure Statement Attachment 4 is a copy of the Contractor's Disclosure Statement. Wage Statement This project is a prevailing wage contract. Bid documents included standard contract documents used for state prevailing wage jobs. 3-3 1/15/08, Item 3 Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries of the property which is the subject of this action. FISCAL IMPACT At this time, staff is recommending appropriating additional State Recreation grant funds from the available fund balance and transferring existing State Recreation Grant funds and Residential Construction Tax (RCT) funds from two existing projects, "Greg Rogers Park Restroom (PR295)" and "Bonita Long Canyon Park Exercise Site (PR300)". The tables below detail the funds required and the funds available for the project: FUNDS REQUIRED FOR CONSTRUCTION OF PHASE 2 A. Contract Amount $481,905 B. Contingencies (10%) $48,190 C. Staff Costs and Special Inspections $74,945 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $605,040 FUNDS AVAILABLE FOR CONSTRUCTION OF PHASE 2 A. Existing Funds, CIP PR295 $400,000 B. State Recreation Grant Funds - Available Fund Balance $140,874 C. Inter-project Transfer: PR295 (State Recreation Grant funds) $45,106 D. Inter-project Transfer: PR300 (RCT) $19,060 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $605,040 The new restroom will require regular maintenance from the Public Works Department and increased building maintenance and repair demands on the Engineering and General Services Department. These costs will not be significant on their own, however, due to reduced staffing levels, any added maintenance requirements will have some impact on these departments. ATTACHMENTS 1. Resolution No. 2007-090 2. Resolution No. 2007-144 3. HT A letter dated 12/20/07 4. Contractor's Disclosure Statement Prepared by: Greg Tscherch, Associate Civil Engineer, Engineering and General Services Department Revisions by: Gordon Day, Building Project Manager, Engineering and General Services Department M:\General Services\GS Administration\Council Agenda\PR295\PR295-Council Report Award Phase 2 FINAL-doc 3-4 ATTACHMENT RESOLUTION NO. 2007-090 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO DEVELOP AND IMPLEMENT CAPITAL IMPROVEMENTS TO ENHANCE PUBLIC HEALTH AND SAFETY AT LAUDERBACH NEIGHBORHOOD PARK, AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) "LAUDERBACH PARK IMPROVEMENTS (CIP NO. PR295)," AND APPROPRIATING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF $114,020 WHEREAS, Lauderbach Neighborhood Park was added to the City park system as part of the Montgomery annexation in 1985; and WHEREAS, the Boys and Girls Club of ChuIa Vista leases the recreation building located within the park and uses the field and tot lots for its members; and WHEREAS, Lauderbach Park is also the meeting place for an active senior citizen group that meets on a weekly basis; and WHEREAS, as in the case in many of our older City neighborhood parks, there is no public restroom; and WHEREAS, over the past several years, there have been growing community concerns regarding health and safety of the public at Lauderbach Park because of ongoing criminal activities; and WHEREAS, in response to the concerns here and at several other parks in Chula Vista, a collaborative cross-department team including the Police, Recreation, Public Works Operations, and General Services began meeting with representatives from local businesses and the Boys and Girls Club to develop strategies to improve the situation; and WHEREAS, the overall strategy includes creating safer, more attractive park amenities that will promote more family-oriented activity in the park and serve as deterrents to undesirable behavior; and WHEREAS, with the proposed park improvements, combined with enforcement strategies, the City aims to increase overall use ofLauderbach Park and its related facilities; and 3-5 Resolution No. 2007-090 Page 2 WHEREAS, there is an existing lease with the Boys and Girls Club for the Lauderbach Community Center, which runs to June 1,2018; and WHEREAS, the Parks and Recreation Commission unanimously endorsed this project on January 18,2007; and WHEREAS, the City Council Public Safety Subcommittee received a project presentation on January 17,2007, and in a meeting at the Boys and Girls Club on February 28, 2007, where the Subcommittee generally supported moving this project ahead; and WHEREAS, the $400,000 in funding for the proposed Capital Improvements will come from a previously allocated Per Capita State Recreation Grant and transfer from an existing project (G0188); and WHEREAS, the proposed Capital Improvements are as follows; Fencing and Signage ($35,000), Restroom ($165,000), Security Lighting ($50,000), Rubber Surface in Tot Areas ($100,000); and WHEREAS, the remaining $50,000 will be needed to cover staff time in developing the project and contingencies during construction; and WHEREAS, staff recommends amending the Fiscal Year 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295);" and WHEREAS, staff further recommends appropriating State Recreation Grant funds in the amount of$114,020 for this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby authorize staff to develop and implement capital improvements to enhance public health and safety at Lauderbach Neighborhood Park. BE IT FURTHER RESOLVED the City Council does hereby amend the Fiscal Year 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295)," and appropriate State Recreation Grant funds in the amount of $1 14,020 for this project. Presented by a t / ~ / A/ /' ve yers Public Works Operations Director Approved as to form by ~k~~\~\\ Ann Moore ' City Attorney 3-6 Resolution No. 2007-090 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of April 2007 by the following vote: AYES: Councilmembers: Castaneda, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: ABSTAIN: CounciImembers: None Councilmembers: McCann ATTEST: -_ _ltJJ6 I--;=-=~ J "'~ Susan Bigelow, MMC, City Cl k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-090 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of April 2007. Executed this 17th day of April 2007. =- .:xJ I A ... t:- ~~ ~ Susan Bigelow, MMC, City C k 3-7 ATTACHMENT 2- RESOLUTION NO. 2007-144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND A WARDING THE CONTRACT FOR PHASE 1 (AREA A FENCING) OF THE LAUDERBACH PARK IMPROVEMENT PROJECT (PR-295) TO ATLAS FENCING, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE CONTRACT WHEREAS On May 15,2007 the Director of General Services received informal bids for the Lauderbach Park fencing proj ect; 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 I Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving negligible or no expansion of the site's existing use. Thus, no further environmental review is necessary; amd WHEREAS, The City invited three contractors to informally bid on the fencing improvements but only one contractor was responsive; and WHEREAS, The project was divided into two phases. Phase I was contemplated to be the fencing element of the project. Staff sought informal bids for the installation of the fencing contemplated by the proj ect. The fencing element of the project was broken into two distinct components. One portion known as "Area A Fencing" consists of erecting a 6' high fence with gates at the Oxford Street side of the Boys and Girls Club. "Area B Fencing" is at the rear of the Boys and Girls Club, the park play area will be enclosed with a 4' high fence with gates; and WHEREAS, On May 15,2007, the Director of Genera! Services received an informal bid for the "Lauderbach Park Fencing (pR-295)" project. The price for phase I in the bid proposal was $72,758.00. The price for the fencing work to Area A, the area in front of the Boys & Girls Club only, was $38,833.00; and WHEREAS, The bid by Atlas Fencing, $72,758.00, is above the Engineer's estimate because the level of custom fencing fabrication is much higher than was originally anticipated. Also, the amount of $72,758 exceeds the amount of a public works contract that can be awarded based on an informal bid. By bidding the project by component, the City can award one of the components by informal bid since the amount is below the $50,000 City Charter limit; and WHEREAS, staff recommends awarding the informal contract to Atlas Fencing in the amount of $38,833.00 and proposes authorizing the purchasing agent to execute the contract. 3-8 Resolution No. 2007-144 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept and award the contract for Phase I (Fencing Area A) of the Lauderbach Park Improvement project (PR-295) to Atlas fencing and authorize the Purchasing Agent to execute the contract. Presented by Approved as to form by ~c",,~rn..~~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 12th day of June 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None (1.0 CheryICOX~~ ATTEST: ~t..l,1 ,~ ~ Susan Bigelow, MMC, CI Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2007-144 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of June 2007. Executed this 12th day of June 2007. ::--~1 J.1 \ ;~~ ~ Susan Bigelow, MMC, City lerk ; , _._.__.__---.-J 3-9 !'.IT ACHMENT. 3 BTA ENGINEERING & CONSTRUCTION, INe. License No. 798372 12520 Kirkham Ct., Suite #8, Poway, CA 92()64 Tel: (858) 486.324() Fax: (858) 486-3285 December 20, 2007 City of O1ula Vista Director of Engineering & General Services 1800 Maxwell Rd, Chula Vista, CA Re: Lauderbach Park Improvements in the City of Chura Vista cap No. PR-295) Upon review of our bid for the subject project, we have discovered that we have regrettably made an inadvertent gross clerical error in that bid. Our breakdown estimate for Item No. 24, Re-establish Existing Landscape & Irrigation, was $105,000, but due to a clerical error, it was transposed as $5,000 in the final bid documents. Subsequently, our Grand Total for the subject bid was added erroneously and indicated as $381,460 instead of $481,460. We apologize for this error and hereby request your approval to allow us to withdraw our bid for the subject project. Please call me if you have any questions. Sincerely, ;::i:..:.- ,A';rk &V-- Tim Askar, President 3-10 ,d,TTACHMENT L 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. :.:rA\/iE"l2- :;)IHENF--z..-- 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. SAIJu::::p.. ;rl/o.1 ENE. -z.. 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. A)J A- 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assi~ed to represent you before the City in this matter. ,TA V!t::~ S"tt11[;/VE7- 5. Has any person' associated with this contract p..ad any fmancial dealings with an official" ?f the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No X If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 15 M:\General Services\Design\PR295 Lauderbach Park\Contract Dacuments\PR295 Lauderbach Park Improvements Contractdoc 3-11 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 _lfyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official.' of the City of Chula Vista in the past twelve (12) months? ~ includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No-X lfYes, which official'. and what was the nature of it ern provided? Date: PEe. f 9Z00i I ~~~~ ~e of Contractor/Applicant :iA. v' l F-- t<-- .;f' H eN E-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 staffmembers. 16 M:\General Services\Design\PR295 Lauderbach Park\Contract Documents\PR295 Lauderbach Park Improvements Contra.ctdoc 3-12 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE 2ND LOWEST BID AND APPROVING THE THIRD LOWEST BID AND AWARDING CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (CIP NO. PR-295)" PROJECT TO MJC CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFOR WHEREAS, on December 19, 2007, the Director of Engineering and General Services received sealed bids for the for the "Lauderbach Park Improvements in the City of Chu1a Vista, CA (CIP No. PR-295)"project; and WHEREAS, the City received bids from nine (9) contractors as follows: CONTRACTOR BID 1. HT A Engineering & Construction, Inc. - Poway, CA $381,460.00 2. CDM Construction, Inc. - El Cajon, CA $439,564.00 3. MJC Construction - Bonita, CA $481,905.00 4. St. Thomas Enterprises, Inc. - Bonita, CA $544,000.00 5. L.B. Civil Construction, Inc. - San Diego, CA $562,988.00 6. Bonsall Construction Services - Vista, CA $578,194.80 7. 3D Enterprises - San Diego, CA $591,455.00 8. New Century Construction, Inc. - Lakeside, CA $595,040.00 9. Palm Engineering Construction Co., Inc. - San Diego, CA $676,445.00 WHEREAS, after the bids were received and opened, the low bidder HT A Engineering & Construction, Inc. requested that their bid be removed from consideration via written communication; and WHEREAS, the second apparent lowest bid, by CDM Construction, Inc., is also rejected due to the presence of mathematical errors in the bid proposal; and WHEREAS, the City has consistently rejected bids with mathematical errors in the past and the rejection of this bid conforms with past practices; and WHEREAS, the third lowest base bid from MJC Construction, in the amount of $481,905.00 fully complied with all bid requirements and was below the Engineer's estimate of $656,575.00 by $174,670.00 or approximately 26%; and 3-13 WHEREAS, staff has verified the references provided MJC Construction and has found their work to be satisfactory and recommends awarding the contract to MJC Construction, in the amount of$481,905.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the withdrawal of the low bid, reject the 2nd lowest bid and approve the third lowest bid and award contract for Phase 2 of the "Lauderbach Park Improvements in the City of Chula Vista, CA (CIP No. PR-295)" project to MJC Construction, authorizing expenditure of the available contingencies for the project, and appropriate and transfer funds therefor. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services ~(oJ\~~ Ann Moore . City Attorney 3-14