HomeMy WebLinkAbout2008/01/22 Item 4
CITY COUNCIL
AGENDA STATEMENT
1/22/08, Item i
SUBMITTED BY:
REVIEWED BY:
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
AND GENERAL SERVICES ?J7:)..
ITEM TITLE:
CITY MANAGER
ASSISTANT CITY
4/5THS VOTE: YES [8J NO D
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.
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1/22/08, Item--=L-.
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 eXlstmg
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 proj ect 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):
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1/22/08, Item-L
Page 3 of 4
CONTRACTOR
1. HTA Engineering & Construction, Inc. - Poway, CA
2. CDM Construction, Inc. - El Cajon, CA
3. MJC Construction - Bonita, CA
4. St. Thomas Enterprises, Inc. - Bonita, CA
5. L.B. Civil Construction, Inc. - San Diego, CA
6. Bonsall Construction Services - Vista, CA
7. 3D Enterprises of San Diego, CA
8. New Century Construction, Inc. of Lakeside, CA
9. Palm Engineering Construction Co., Inc. of San
Diego, CA
BASE BID
$381,460.00
$439,564.00
$481,905.00
$544,000.00
$562,988.00
$578,194.80
$591,455.00
$595,040.00
$676,445.00
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., contained mathematical errors in
the bid proposal and was rejected. CDM Construction, Inc. was provided an opportunity to
contest the rejection of their bid at an administrative hearing. A hearing was held on January 12,
2008, which considered points raised by CDM Construction, Inc. The findings were as follows:
the second low bid was non-responsive and the third low bid was responsive. 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.
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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 of the 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 proj ect:
FUNDS RE UlRED FOR CONSTRUCTION OF PHASE 2
A. Contract Amount
B. Contingencies (10%)
C. Staff Costs and S ecial Inspections
TOTAL FUNDS REQUIRED FOR CONSTRUCTION
$481,905
$48,190
$74,945
$605,040
FUNDS AVAILABLE FOR CONSTRUCTION OF PHASE 2
A. Existing Funds, CIP PR295
B. State Recreation Grant Funds - Available Fund Balance
C. Inter-project Transfer: PR295 (State Recreation Grant funds)
D. Inter- ro.ect Transfer: PR300 RCT)
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION
$400,000
$140,874
$45,106
$19,060
$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. HTA 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
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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 (CIF) "LAUDERBACH
PARK IMPROVEMENTS (CIF 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 armexation in 1985; and
WHEREAS, the Boys and Girls Club of Chula 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
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. . - _.._.._ __._. ._u_.___.._..._.......
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
(GG188); 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
(ClP 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 of Chula 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 (ClP) "Lauderbach
Park Improvements (ClP No. PR295)," and appropriate State Recreation Grant funds in the amount
of$114,020 for this project.
Presented by
a 4/
A./ .//
ve yers
Public Works Operations Director
Approved as to form by
~~n(\~\k\"
Ann Moore .
City Attorney
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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, Riodone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
ABSTAIN:
Councilmembers:
Nooe
Councilmembers:
McCann
Q L C (iet
Cheryl Cox, M~r
ATTEST:
---=-J 16 '(- --~ J "'~
Susan Bigelow, MMC, City Cl€\-k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VlSTA )
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 00 the 17th day of April 2007.
Executed this 17th day of April 2007.
::: :?l J , A ... t:- ~~ t1 c;,..-J
Susan Bigelow, MMC, City C k
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.. ,--.-.--." .-. -...
A TT A.CHMENT 2-
RESOLUTION NO. 2007-144
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND AWARDING THE
CONTRACT FOR PHASE I (AREA A FENCING) OF THE
LAUDERBACH PARK IMPROVEMENT PROJECT (PR-295)
TO ATLAS FENCING, AND AUTHORlZING 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 1 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 1 was contemplated to be
the fencing element of the project. Staff sought informal bids for the installation of the fencing
contemplated by the project. 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 General 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.
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Resolution No. 2007-144
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City COWlcil of the City of Chula
Vista does hereby accept and award the contract for Phase 1 (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
~~",5t\ ~'1~~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City COWlcil of the City of Chula Vista,
California, this 12th day of June 2007 by the following vote:
AYES:
COWlcilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
i
ABSENT:
Councilmembers:
None
(lD
Cheryl cox~fi:r-
ATTEST:
~&\~~
Susan Bigelow, MMC, C 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 JWle 2007.
~~4IJt1\;-~ ~
Susan Bigelow, MMC, City lerk
,
,
_._.__..._----l
4-9
.<:.TT.a.CHMENT 3
BTA
ENGINEERING & CONSTRUCTION, INC.
LieenseNo.798373
12520 Kirkham Ct., Suite #8, Poway, CA 92064
Tel.: (858) 486.3240 Fu: (858) 486-3285
December 20, 2007
City of Chula VISta
Director of Engineering & General Services
1800 Maxwell Rd,
Chula Vista, CA
Re: Lauderbach Park Improvements in the City of Chula Vista (CIP No. PR-295)
Upon review of our bid for the subject project, we have discovered that we have
regrettably made an inadvertent gross derical 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,
;:A:..:- ,A-;k QJo-
Tim Askar,
President
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ATTACHMENTL
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.
.JA-JiEl2- ~IHENE.--z..-.
2. If any person' identified pursuant to (1) above is a corporation or par1nership, list the names of an
individuals with a $2000 investment in the business (corporation/par1nership) entity.
SA VI top.. :J'I M ENE. 7-
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)l fl.-
,
4. Please identify every person, including any agents, employees, consultsnts, or independent
contractors you have assill'::ed to represent you before the City in this matter.
,TAVIE:R.- rll'l1GNE7-
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_ NoX
If Yes, briefly describe the nature of the financial interest the official" may have in this contract
15
M:\General Services'Design'iPR295 Lauderbach Park\Contra~lu1neDts\PR29S Lauderbach Park Improvements ContractdQc
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 1(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 Chula Vista in the past twelve (12) months? (Ibj.s 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:
PEe. / q l..()Oi
,
~~~~
~e of Contractor/Applicant
:-If\. v' (E' FL- .;r, H c=N E-Z-
Print or type =e of Contractor! Applicant
"
Person is defined as: any individual, firm, co-partoersbip, 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 of a board, commission., or committee of the City, employee, or staff members.
16
M:\Gener.al ServicesIDesign\PR295 Lauderbach Park\Cont4.Hlo~n15\PR295 Lauderbach Park lmprovemen15 Contract.doc
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 A WARDING
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 "Lauderbach Park Improvements in the City of Chula Vista, CA
(CIP No. PR-295)"project; and
WHEREAS, the City received bids from nine (9) contractors as follows:
BID
$381,460.00
$439,564.00
$481,905.00
$544,000.00
$562,988.00
$578,194.80
$591,455.00
$595,040.00
$676,445.00
CONTRACTOR
I. HT A En ineerin & Construction, Inc. - Powa , CA
2. COM Construction, Inc. - EI Co" on, CA
3. MJC Construction - Bonita, CA
4. St. Thomas Ente rises, Inc. - Bonita, CA
5. L.B. Civil Construction, Inc. - San Die 0, CA
6. Bonsall Construction Services - Vista, CA
7. 3D Ente rises - San Die 0, CA
8. New Centu Construction, Inc. - Lakeside, CA
9. Palm En ineering Construction Co., Inc. - San Die 0, CA
WHEREAS, 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; 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
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; and
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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
f-\(~n~ ~~\\
Ann Moore
City Attorney
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