HomeMy WebLinkAbout2009/11/03 Item 7
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CITY COUNCIL
AGENDA STATEMENT
~(f~ CITY OF
.~ (HUlA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
11 /3/09, Item l
PUBLIC HEARING TO CONSfDER WAIVING IRREGULARITIES
IN THE BID RECEIVED FOR THE "FOURTH A VENUE
IMPROVEMENT PROJECT, BETWEEN L STREET Ai'lD ORANGE
AVENUE (STL29I)" PER CITY CHARTER SECTION 1009
RESOLUnON OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING IRREGULARITIES, ACCEPTING BmS AND
AWARDING THE CONTRACT FOR THE "FOURTH AVENUE
IMPROVEMENT PROJECT, BETWEEN L STREET A1'ID QRA1'lGE
A VEl\'lJE (STL291)" TO MSC CONSTRUCTION, INCi IN THE
AMOUNT OF $908,011.50; AUTHORIZING ^"N INTER-PROJECT
TRANSFER IN THE NvlOUNT OF $131,800 FROM EXISTING
PROJECTS STL335 ($28,800), STL340 ($32,000) AND STL310
($71,000) ,0 STT_OQ1; ~yp])npPJ6TP-TG TR.~.N~P0RT."'TTnM
DEVELOPMENT ACT (TDA) FUNDS IN THE AMOUNT OF
$99,200; AMENDING THE FY 2009-10 TDA FUND AND ClJ'
PROGRNv1; AND AUTHORIZING THE EXPENDITURE OF ALl.;
A V AILABLE FUNDS IN THE PROJECT
DIRECTOR OF PUBLIC WORKS
ASSISTANT DIRECTOR OF ENGINEE
~
CITY MANAGER
ASSISTANT CITY ANAGER ~
4/STHS VOTE: YES
C?Sl
NO
o
SUMMARY
On September 17, 2009, the Director of Public Works received sealed bids for the "Fomth
Avenue Improvement Project, between L Street and Orange Avenue (STL291)". The work to be
done consists of the removal and disposal of existing improvements, installation of missing
sidewalk and driveways, storm drain, and retaining walls, and modifications and upgrades to
existing traffic signals. The proposed actions would waive a minor clerical error that resulted in
a lower bid and award the contract to MSC Construction, lnc.
ENVIRONMENTAL REVIEW
The Enviromnental Review Coordinator has reviewed the proposed project for compliance with
the Califol11ia 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. Thus, no further environmental review is necessary.
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11/3/09, Item ~
Page 2 of 4
RECOMMENDA nON
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
The Fourth Avenue Improvement project involves the completion of sidewalk improvements on
both sides of Fourth Avenue between L Street and Orange Avenue, thus providing continuous
pedestrian improvements along Fourth Avenue between Main Street and the City's northerly
boundary with National City. The improvement work also includes upgrading storm drains and
modifying and upgrading existing traffic signals.
On September 17,2009, the Director of Public Works received sixteen (16) bids for the "Fourth
Avenue Improvement Project, between L Street and Orange Avenue (STL29 I)". The following
bids were received (in order oflowest to highest bid amount):
CONTRACTOR BID AMOUNT
I. MJC Construction - Bonita, CA $923,011.50
2. L.B. Civil Construction, - San Diego, CA $959,700.00
3. Tri-Group Construction - Poway, CA $968,475.00
4. Sheidel Contracting & Engineering - La Mesa, CA $971,609.00
5. Heffler Company - National City, CA $975,260.00
6. Southland Paving, Inc. - Escondido, CA $986,841.30
7. Watkins Landmark Company - Del Mar, CA $987,969.12
8. Burtech Pipeline, Inc. - Encinitas, CA $988,977.50
9. Hazard Construction Company - San Diego, CA $998,245.00
10. Palm Engineering Construction - San Diego, CA $1,028,000.00
I I. Portillo Concrete Inc. - Lemon Grove, CA $ I ,053,790.00
12. Whitson Contracting & Management - San Diego, CA $1,110,317.00
13. Koch-Armstrong General Engineering - Lakeside, CA $1,131,370.00
14. HT A Engineering & Construction - Po way, CA $1,144,650.00
15. New Century Construction - Lakeside-CA $1,161,330.00
16. HAR Construction - Chula Vista, CA $1,444,370.90
Staff reviewed the apparent low bid proposal in the amount of $923,011.50 submitted by MJe
Construction. During review ofMJC Construction's bid proposal, staff found that the contractor
had introduced a minor clerical error in a specific bid item subtotal and, therefore, the grand total
was an incorrect amount. The unit bid prices remained the same.
MJC Construction submitted a letter acknowledging the clerical error and stands by the corrected
bid item subtotal and the revised grand total bid price of$908,011.50 (Attachment 1).
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11/3/09, Item-L-
Page 3 of 4
The low bid submitted by MJC Construction is below the Engineer's estimate of $1 ,013,650.00
by $105,638.50 (l0% below the Engineer's estimate). The 'contractor has worked on numerous
projects for the City and their work has been satisfactory. In addition, Design staff has veri lied
other chent references provided by the contractor and has determined that the contractor has
performed satisfactorily for those clients. The Contractor's License No. 754128 is current and
active.
Also for consideration is the authority of the Director of Public Works to approve change orders
over and above existing policy limits. Under City Council Policy No. 574-01, if an individual
change order causes the cumulative increase in change orders to exceed the Director's authority
("Maximum Aggregate Increase in Change Orders"), then City Council approval is required.
The contract amount for the subject project is $908,011.50. The corresponding maximum
aggregate contract increase that may be approved by the Director of Public Works under Policy
No. 574-0 I is $66,561. Approval of the proposed resolution would increase the Director of
Public Works' authority to approve change orders, as necessary, up to the contingency amount of
$136,202.00, an increase of $69,641 over Policy No. 574-01, in ordcr to address unforeseeable
conditions that might arise during the course of constmction, as well adjustments to bid item
quantities. Unforeseen conditions include such items as utility conflicts, hazardous matenals,
unexpected underground conflicts, etc. If the contingency funds are not used, then they will be
returned to the project fund balance.
Disclosure Statement
Attachment 2 is a copy of the Contractor's Disclosure Statement.
Wage Statement
Contractors bidding on this project are required to pay prevailing wages to persons employed by
them for work under this project. No special minority or women-owned business requirements
were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to
various trade publications in order to encourage disadvantaged business enterprises to bid on the
project.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Ramirez has property holdings within 500 feet of the boundaries of the
property which is the subject of this action.
CURRENT FISCAL IMPACT
There is no impact to the General Fund. At this time, staff is recommending interproject
transfers in the total amount of $231,000 in TransNet Funds from existing capital improvement
projects and appropriating TDA funds in the amount of $99,200 as necessary to complete the
project. The TDA funds were applied for in 2005 and approved the following year in 2006. A
breakdown of the project costs is as follows:
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11/3/09, Item~
Page 4 of 4
FUNDS R~=QurRED FOR CONSTRUCTION
A. Contract Amount S 908,011.50
B. Contingencies $ 117,853.50
C Staff Time & Testing Costs
1. ConstructlOn Inspection $ 120,000
2. Design $ 435,000
3. Survey/Construction Staking $180,000
4. Environmental/Traffic/Public Works $ 10,000
5. Soil & Material Testing $30,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,800,865.00
FUNDS A V AILABLE FOR CONSTRUCTION
A. STL291 (TransNet, Gas Tax and CDBG) $1,569,865.00
B. Inter-Project Transfers from Existing Projects $131,800
TransNet Funds:
STL335 Pavement Rehab FY 07/08 - $28,800 (Nearing Completion)
STL340 Pavement Rehab FY 06/07 - $32,000 (Nearing Completion)
STL310 Pavement Rehabilitation - $71,000 (Complete)
C. TDA Funds $99,200
TOT AL FUNDS A V AILABLE FOR CONSTRUCTION $\ ,800,86500
ON-GOING FISCAL IMPACT
Upon completion of the project, the improvements will reqUIre only routine City street
maintenance.
ATTACHMENTS
I. MJC Construction letter
2. Contractor's Disclosure Statement
Prepared by: BoLtshra Salem, P.E, Senior Civil Engineer, Public Works Department
Luis A. Lahrada, P,E.. Associate Civil Engineer. Public Works Department
M:\Engineer\AGENDA\CAS2009\II-03-09\STL29\ A 113 doc
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CU;';Sl'Ht;CTlf..Y;-"
September 21, 2009
City of Chula Vista
Engineering Department
276 Fourth Ave.
Chula Vista, CA 91910
A TT ACHMENT
MJC Construction
630 National City Blvd.
National City, CA 91950
I 619.472.5619 office
619.996.2116 fax
Re: Correction on Fourfh Avenue Improvemenls Bid Quote
Please accept this letter for clarification and acknowledgement of clerical error on page #31
line item #25 of our Bid Proposal for the Fourth Avenue Improvements Project.
The correct bid for' this line item is Unit Price of Twenty Dollars and zero cents per SF. The total for
that line item is Thirty-Six Thousand Dollars and zero cents. Revising our Grand Total to $908,011.50
(Nine Hundred Eight Thousand Eleven Dollars and fifty cents).
Feel free to call with any questions.
Sincerely,
/
:#
om Yaotani
Vice President of Business Development
7-5
ATTACHMENT 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;
I. List the names of all persons having a fInancial interest in the property that is the subj ect of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
-tJON;o-
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.
- NotJ~ -
3.
If any person' identified pursuant to (I) above is a non-profIt organization or trust, iist the names of
.any person serving as director of the non-profIt organization or as trustee or benefIciary or trustor of
the trust.
-!VONE. -
,.
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.
./00"\ Y6ofu.,nl
5. Has any person' associated with this contract had any fInancial dealings with an official" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No >(.
41
N;\Genera1 Services\DesignWl ProjectS\Sn..\STL29J\SPECS FINAL,*~l Specs 07.28.09.doc
If Yes, briefly descnbe 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 (! 2) months to a current
member of the Chula Vista City Council? Noi,. 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? (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: &()IrJY),~J /7 ;<009
-=-~- ~
2ture of ('ontj'actor/A~pIicant
.~
J,t"',cr1eL., 1110. b8A l-1TC Curcfrvc. /-;0(1
Print or type name of Contractor/Applicant
.
PersQn i~ d~finG'Q ~; ;;my individual, -nrm, Go-partnership, join! venrure, as:sociatlon, 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.
42
N:\Gcneral Services\Design\Al1 Projl!!c.ts\STL\ST~91\SPECS Fn-JAL\Sfh;'l specs 07.28.09.doc
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING
BIDS AND AWARDING THE CONTRACT FOR THE
"FOURTH A VENUE IMPROVEMENT PROJECT,
BETWEEN L STREET AND ORANGE AVENUE (STL291)"
TO MJC CONSTRUCTION, INe. IN THE AMOUNT OF
$908,011.50; AUTHORIZING AN INTER-PROJECT
TRANSFER IN THE AMOUNT OF $131,800 FROM
EXISTING PROJECTS ST1335 ($28,800), ST1340 ($32,000)
AND ST1310 ($71,000) TO STL291; APPROPRIATING
TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS
IN THE AMOUNT OF $99,200; AMENDING THE FY 2009-
10 TDA FUND AND CIP PROGRAM; AND AUTHORIZING
THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE
PROJECT
WHEREAS, City staff prepared plans and specifications for the "Fourth Avenue
Improvement Project, between L Street to Orange Avenue (STL291)" and advertised the project
on July 31, 2009; and
WHEREAS, on September 17, 2009, the Director of Public Works received sixteen (16)
sealed bids for the project as follows:
CONTRACTOR BID AMOUNT
1. MJC Construction - Bonita, CA $923,011.50
2. L.B. Civil Construction, - San Diego, CA $959,700.00
3. Tri-Group Construction - Poway, CA $968,475.00
4. Sheidel Contracting & Engineering - La Mesa, CA $971,609.00
5. Heffler Company - National City, CA $975,260.00
6. Southland Paving, Inc. - Escondido, CA $986,841.30
7. Watkins Landmark Company - Del Mar, CA $987,969.12
8. Burtech Pipeline, Inc. - Encinitas, CA $988,977.50
9. Hazard Construction Company - San Diego, CA $998,245.00
10. Palm Engineering Construction - San Diego, CA $1,028,000.00
II. Portillo Concrete Inc. - Lemon Grove, CA $1.053,790.00
12. Whitson Contracting & Management - San Diego, CA $1,110,317.00
13. Koch-Armstrong General Engineering - Lakeside, CA $1,131,370.00
14. HT A Engineering & Construction - Poway, CA $1,144,650.00
J 5. New Century Construction - Lakeside-CA $1,161,330.00
16. HAR Construction - Chula Vista, CA $1,444,370.90
7-8
WHEREAS, statY reviewed the low bid proposal in the amount of $923,011.50,
submitted by MJC Construction of Bonita, California and found a minor clerical error in the bid
total; and
WHEREAS, MJC Construction submitted a letter acknowledging the clerical error and
agreeing to stand by their revised grand total bid total price of$908,011.50; and
WHEREAS, the low bid by MJC Construction is below the Engineer's estimate of
$1,013,650.00 by $105,638.50 (10%). Staff has verified the references provided by the
contractor with satisfactory results. The contractor has performed various work for the City of
Chula Vista and other Cities and Counties and their work has been deemed satisfactory.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive irregularities, accept bids and award the contract for the "Fourth
Avenue Improvement Project, Between L Street and Orange Avenue (STL291)" to MJC
Construction, Inc. in the amount of$908,011.50; authorize an inter-project transfer in the amount
of $131,800 from existing projects STL335 ($28,800), STL340 ($32,000) and STL31 0 ($71,000)
to STL291; appropriate Transportation Development Act (TDA) Funds in the amount of
$99,200; and amend the FY 2009-10 TDA Fund and CIP Program.
BE IT FURTHER RESOLVED, that the City Council of the City Of Chula Vista does
hereby waive Council Policy 574-01 and authorize the Director of Public Works Operations to
approve change orders as necessary m;d expend all available funds in t~~ojec!2/'/'/-"/. I
Presented by Apprd~fl as to fl1m bt .', ~.,
r! I p /1 -7
/UluJ I C/
VB~rt Miesfeldl
City Attorney:
Richard A. Hopkins
Director of Public Works
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