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Home My WebLink AboutAgenda Statement 1979/06/26 Item 13CITY OF CHULA VISTA COUNC 1 L AGENDA STATEMENT Item No: 13 For meeting of 6/29,/79 Resolution 9~'3 Accepting Bids and Awarding ITEM TITLE Contract for Construction of Improved Drainage Channel South of East Naples Street Between Monserate Avenue and Helix Avenue SUBMITTED BY City Engineer ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO x ) At 11:05 a.m, on June 7, 1979, in Conference Room 5 of the Public Services Building, the City Engineer received and opened sealed bids for "The Construction of an Improved Drainage Channel South of East Naples Street Between Monserate Avenue and Helix Avenue, Chula Vista, California." The scope of work includes the construction of an open channel (Portland Cement Concrete or Air Placed Concrete), transition structures, and installation of pipe. Two alternatives were bid, the difference being in the type of pipe used: Reinforced Concrete Pipe (RCPT) for Alternate #1 and Corrugated Steel Pipe (CS P) for Alternate #2. Bids were received from three contractors as follows: B IDDER 1. Meza--Hab Construction Company, Chula Vista 2. T. B. Penick & Sons, Inc., San Diego 3.- Sapper Construction Co., San Diego SLH:nr/AN-005 ALTERNATE #1 $58,700.00 NONE 82,559.16 ALTERNATE #2 $58,700.00 56,812.07 81,934.15 (continued on supplemental page) tXH1~115 Agreement Resolution x Ordinance Plat Notification List OtherC~motorne~NVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT Cost of project is being financed with Revenue Sharing Funds. City will assume maintenance of the improvements upon completion of the project. STAFF RECOMMENDATION 1. City Council authorize the expenditure of $64,570.00 from "Concrete Channel s/o Naples Street and w/o Monserate Avenue," Project Account #600-6000-RS05. 2. City Council accept bids and award contract to Meza-Hab Construction Company in the amount of $58,700 for construction of Alternate #1 using reinforced concrete pipe. BOARD/COMMISSION RECOMMENDATION ~ ~y.~y COUNCIL ACTION ' cif (~ c '~:~ ~ ~z<~-~' /i Agenda Item No. 13 .. For Meeting of 6/ /79 Supplemental Page Two The low bid submitted by Mesa Hab Construction Company is above the Engineer's estimate by $?885. This low bid is above the Engineer s estimate of $55,815 by 5,170, ~,~° y 3 There was an irregularity in the bidding process in that one of the bidders tried to submit his bid at the Administration Office in the City Hall building rather than at the Office of the City Engineer in the Public Services Building just prior to 11°00 a.m. At approximately 11..:.01 we received a call from the secretary in Administration that a messenger with the bid was there and didn"t know where to go. She then sent him over to the City Engineer's office. By the time he brought his bid over to the office of the City Engineer in the Public Services Building it was approximately 11005 a.m. No bids had been opened prior to the submitting of this bid. The staff accepted the bid and then proceeded to open bids. This late bid was the low bidder. The City Attorney was asked to review this matter and attached is a copy of his response. It was his opinion that the bid be awarded to the lowest bidder. We have received an objection from the second lowest bidder about awarding the contract because the bid was not in the City Engineer"s office at 11:C0 a.m. However, we concur with the City Attorney's opinion anti recommend awarding the contract to the lowest bidder. Should the Council decide not to award the bid we recommend that all bids be rejected and the staff be directed to readvertise for new bids. This may result in receiving higher bids for the same work because construction will be occurring further into the rainy season. FINANCIAL STATEMENT Unencumbered funds "Concrete Channel and w/o Monserate available in s/o Naples Street Avenue ," RSOS $70,931.93 Contract Amount 10~ Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS 58,700.00 5,870.00 $64,570.00 DATE: June 13, 1979 TO: John Lippitt, City Engineer FROM: George D. Lindberg, City Attorney SUBJECT: Alleged Irregularities in Low Bidder's Bid Submittal for the Construction of Improved Drainage Channel South of East Naples Street between Monserate Avenue and Helix Avenue You recently informed this office of the fact that bids were received on Thursday, June 7, 1979 from several contractors for the construction of improved drainage channel south of East Naples Street between Monserate Avenue and Helix Avenue. One of the parties who prepared a bid document did not arrive at the office of the City Engineer, which is now located in the newly remodeled annex to City Hall, until after 11:00 a.m., the appointed hour. It is clear from your statements to me that the individual carrying the bid documents was confused because of the recent relocation of offices and I cannot find in any way a reasonable basis for rejecting his bid because of that confusion. Secondly, the same bidder had failed to have all of the bid documents properly executed in that written signatures were not affixed to some of the documents. Here again, I feel con- fident that the City would have every right to insist upon performance under the terms presented in such documents and that the offer of intent of the parties was clearly understood and a binding contract established. Although I recognize that since the individual involved was clearly the low bidder and the others who had bids higher, more particularly the next low bidder, have registered objec- tions as to the alleged irregularities, I cannot concur that such irregularities justify the rejection of the bids. It is, therefore, the opinion of this office that the bid be awarded in the drainage channel construction project noted hereinabove to the lowest bidder. GDL:lgk cc: City Manager Cole Deputy City Manager Robens ~~53 ALEC L CORY EMMANUEL SAVITCH GERALD E. OLSON PAUL B. WELLS TODD E. LEIGH JEFFREY ISAACS ROBERT J. BERTON RICHARD B. MUNKS DENNIS HUGH MCKEE JOHN C. MALUGEN FREDERICK K. KUNZEL ROBERT G. RVSSELL, JR. GEORGE L. DAMOOSE K. RONALD LEEPER THOMAS M. FIO RELLO KELLY M. EDWARDS ANTONIA E. MARTIN RAYMOND G. \V RiG HT RICHARD HILL GENES CHARLES T. HAR RINGTON FILiE~ G LAW OFFICES OF ~ PROCOPIO, CORY, HARGREAVES AND SAVITCH AREA cooE X14 1900 CALIFORNIA FIRST BANK BUILDING I TELEPHONE 238-1900 5 3 0 B S TREE T _ ~ ,,, -. ~ ~ SAN DIEGO, CALIFORNIA 92101 A. T. PROCOPIO I ,.~ 1900-194 June 22, 1979 Honorable Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, California 92118 Re: East Maple Street drainage system; Alternate #2 To Whom It May Concern: HARRY HARGREAVES R ETIR EO JOHN H. BARRETT RETIRED We are counsel to the Associated General Contractors of America, San Diego Chapter, Inc. We are advised that on June 7, 1979, sealed competi- tive bids were received by the City of Chula Vista for the construction of the captioned project. We are further ad- vised that the bid of the apparent low bidder, Mezar H. Hab, did not conform with either the Invitation or the applicable law in that the same was submitted after the time set forth in the Invitation and, further, that the same was unsigned. The purpose of this letter is to inform you that it is our intention to take such action as we may deem necessary to protect the integrity of the competitive bidding pro- cess should the contract for the construction of the cap- tioned project be awarded to any person or company other than the lowest responsive and responsible bidder. Of course, if our information is correct with respect to the deficiencies of the bid of the apparent low bidder, it could in no way be considered to be the lowest responsive and responsible bidder. '; Yours v~r•y t ~y, ~, PAUL B. WELLS, of Procopio, Cory, Hargreaves and Savitch ~L~ ~~~ PBW:smc ~ ~ ~~ cc: City Manager, City of Chula Vista b~~h Associated General Contractors ~~ ~'"!' ~,/}' ~~ Registered mail; return receipt requested t,•~ ` (i~G'. ~'~" ~~`~ cxANG~ IN CONTRACT ORDER NO. ONE The Construction of Improved Drainage Channel South of East Naples Street DAmE October 24, 1979 Between A~Ionserate Avenue and Helix Avenue CONTRACT CONTRACTOR JOB AN-005 The following change shall be made to increase the contract dated July 19, 1979, between the City of Chula Vista and Meza-Hab Construction Co. , Contractor. REMARKS AND DETAILS: Item Approx. Qty. Description Price Total Deletions: 2. 4,201 S.F.__ 2" Air Placed Concrete $2.00 $8,402.00 or Portland Cement Concrete Paving 3. 80 L.F. 8" Air Placed Concrete 4.00 320.00 - or Portland Cement Concrete Berm 6. Lump Sum Trench Shoring 4,996.00 4,996.00 Sub-Total, Deletions 13,718.00 (See attached sheet) ORIGINAL, CONTRACT PRICE $ 58,700.00 Previous Change Order Nos. $ Revised Total Contract Price $ This Change Order No. 1 $ 11,318.00 It is agreed by the undersigned that all extra work shall be performed and materials furnished in accordance with the original contract and in accordance with the statement, if any, attached hereto. TOTAL CONTRACT $ 70,018.00 ti~ APPROVED BY: ACCEPTED BY: ORDERED BY: City Council Resolutio _No. 9824 datedl0/23/7 Meza-Hab Construction B o. Kenneth Go amp n' i John P. Lippitt, Cit Engineer ~~ `i~ . ~~ , Y PW-E-44 ~96~~ t Item Approx. Qty, Description Price Total Additions: 2. 9,116 S.F. 4" Air Placed Concrete 2.50 22,790.00 or Portland Cement Concrete Paving Rein- forced with 6"x6" 10/10 ga. W.W.M. 10. Lump Sum Grading 2,246.00 2,246.00 Sub-Total, Additions 25,036.00 Total, Net Addition $11,318.00 By this Change Order the time extension of 26 days is approved, extending the completion date until December 6, 1979. ~~5'~ CHANNEL TYO/CqL SECT/ON .C~3ElN~ CONSTiQG/GTE,O ~~ DRAWN BY -~_._. ~W ____ OA7E - - - ~~ ~~5=79- - CHANNEL TYP/cAL SECT/D/V AS P.4'OP0,5'E,O 8Y C/~A/VGE O~POE~ ~ / T I T l E P~OPOS EO Cf~•4NGE O~OE•~P /N TY~/GqL SECT/ON OF EAST NAPLES ST. D~f'A/N,L1 GE CHANNEL