Loading...
HomeMy WebLinkAbout08 - C-3157 - BA-056 - Dahlia Street End - Fernleaf Slope RepairTO: FROM: SUBJECT: April 25, 2000 CITY COUNCIL AGENDA ITEM NO. 8 Mayor and Members of the City Council Public Works Department DAHLIA AVENUE STREET END — FERNLEAF AVENUE SLOPE REPAIR - AWARD OF CONTRACT NO. 3157 RECOMMENDATIONS: Approve the plans and specifications. 2. Award Contract No. 3157 to Metro Builders & Engineers Group, Ltd., for the total bid price of $457,612.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $45,000.00 to cover the cost of unforeseen work. 4. Establish an amount of $20,500.00 to cover the cost of construction services. 5. Authorize a budget amendment transferring $119,851.26 from Miscellaneous Slope Repairs Account No. 7014- C5100508 into Account No. 7013- C5100023. Authorize a budget amendment transferring $6,727.70 from the NPDES Program Account No. 7012- C5100011 into Account No. 7013- C5100023. DISCUSSION: The slope above the Fernleaf Avenue roadway (Ramp) experiences recurrent minor surficial slope failures during heavy rain storms. These failures are caused by uncontrolled runoff flowing over the bare hillside (from the private street and alley above the slope) and sloughing induced by the iceplant on the slope, due to its shallow roots and top -heavy structure. Consequently, the Ramp has been routinely closed to vehicle traffic during heavy rain storms. To determine factors contributing to the slope failures, three geotechnical investigations were completed between 1992 and 1998 for the portion of the slope from Bayside Drive to the top of the Ramp. Data collected and analyzed from soil. borings and inclinometer installations determined that the slope failures were surficial in nature and could be remedied by constructing a flattened hillside with drainage provisions and erosion control slope landscaping. In order to flatten the existing slope and maintain the Subject: Dahlia Avenue Street End — Fernleaf Avenue Slope Repair — Award of Contract No. 3157 April 25, 2000 Page: 2 integrity of the remaining hillside, one retaining wall at mid - height of the slope and another retaining wall along the bottorm of the slope will be required (see rendering). Prior to completing the plans and specifications, a Mitigated Negative Declaration was prepared and filed with the California State Clearinghouse for review by various State agencies. Upon recordation of the Mitigated Negative Declaration by the County of Orange, staff filed an application with the California Coastal Commission to perform the work. The Coastal Commission Permit was granted to the City and requires the installation of an above - ground temporary irrigation system and planting of drought - tolerant native plant species as part of the plans and specifications. At 11:00 A.M on April 11, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low Metro Builders & Engineers Group, Ltd. 2 Summit Contracting 3 Retaining Walls Company North 4 Condon - Johnson & Associates $457,612.00 $508,000.00 $572,000.00 $645,468.00 * Corrected Bid Amount is $558,000.00 The low total bid amount for the project is less than 1% below the Engineer's Estimate of $460,000.00. The low bidder, Metro Builders & Engineers Group, Ltd., possesses a General Engineering "A" contractor's license as required by the project specifications. Within two hours after the bid opening, the second low bidder, Summit Contracting, filed a protest letter (see attached) against the low bidder, Metro Builders & Engineers Group, Ltd. Summit Contracting claimed that Metro Builders would be unable to perform certain work using their own forces and failed to list any subcontractors in their bid. Summit Contracting requested the City disqualify Metro Builders as non - responsible. Staff discussed the issue of subcontractors with Metro Builders. Metro Builders confirmed their intent to complete all work using their own forces, including those items protested by Summit Contracting in their letter. In view of the fact that: • The use of subcontractors is not required by the project specifications • Metro Builders confirmed all work will be performed by their own forces • Metro Builders has satisfactorily completed other projects for the City and for other Southern California agencies Staff recommends the award be made to the low bidder, Metro Builders & Engineers Group, Ltd. This project provides for the grading and flattening of the existing slope, the installation of a tan colored sandblasted retaining wall with caisson piles along the top of the slope, the installation of a short masonry block debris wall along the bottom of the slope, the installation of drainage provisions, the installation of a temporary above - ground irrigation system, and the planting of shrubs, ground cover, and trees. Subject: Dahlia Avenue Street End — Fernleaf Avenue Slope Repair — Award of Contract No. 3157 April 25, 2000 Page: 3 Due to lack of available space adjacent to the work site for storing and staging materials and equipment, Metro Builders will be allowed to close a portion cf Fernleaf Avenue to through vehicular traffic. The portion to be closed will be the uphill, eastbound lane at Bayside Drive next to the existing median island (see location map). The Mitigated Negative Declaration was prepared by Hodge and Associates. The Geotechnical studies were prepared by Bagahi Engineering. The plans and specifications were prepared by Dewan - Lundin and Associates; Michael R. Gabriel, structural engineer; Pedersen and Associates, landscape architect; and the Public Works staff. In addition to daily inspection by Public Works forces, Bagahi Engineering and Michael Gabriel will provide geotechnical and structural inspections respectively. The cost of the construction services will be approximately $17,000.00 for Bagahi and $3,500.00 for Gabriel. Sufficient funds to provide for award of contract, unforeseen work, and construction services are available in the following accounts: Account Description Account Number Amount Dahlia Ave Street End Slope Repair 7013- C5100023 $396,533.04 Miscellaneous Slope Repairs 7014- C5100508 119,851.26 NPDES 7012- C5100011 6,727.70 Total: $523,112.00 Res t sVV I - PUBLIC WORKS DEPARTMENT Don Webb, Director By: �ko� Fon e, P.E. Associate Civil Engineer Attachment: Project Location Map Rendering Bid Summary Protest Letter from Summit Contracting Response Letter from Metro Builders & Engineers Group, Ltd. F:\ Users \PBW\shared \COUNCIL \Fy99- 00\April -25 \Dahlia - Fernleaf C- 3157.doc FRSr r Srgq o gggNo Fq PROJECT eq'S %oF q� P GQ� SFgh F P O OOFgN 0 C B r }, NOT TO SCALE `F I LOCATION MAP I DAHLIA AVENUE STREET END/ FERNLEAF AVENUE SLOPE REPAIR PROJECT x w f0 H 0 a W Z 0 Z W C Q a w 0 Y 0 3 U J m 7 a W Q D m x fJ E O o a o b CRY U U r U Z W O Q a U- H U c lL J D m 111 H H m O W O o z o Z w 0 W 2 W W Z 03 W F W W Z_ LU C9 0 Z of Wa N 0o000oOOO O. 0 0 0 O O O. ci 0000o0 O O 000 O O O O 0 0 S 00000000 0 0 0 o m�000000000000000000 z0000000000000000000 o o 0 0 0 0 0 0 0 0 0 0 0 0 o ao 0 0 0 ED ON o cl 0 o N n p 0 Y)00mN00 NN V W NO W 0 N I C6 w; U Oo N rth ��00fGN rt+i t7 r N m co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 RR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O O O ��OO 3 O N M 0 r 0 M 0 O 0 O 0 O 0 O 0 O 0 O C O 0 W 0 W 0 '�ZO O O 10-0, O O O O O O 00.0 O O NMr O O O O O m7 v) V Vf0 00000000000000 0w OW LO �O a 00000 O' ONad oo00000i io r Oi C 0000000000000000000 O O O W —ON N O O O O O O r r r 0 00000000000 OooWa 0000000 c v° N�OO OO ONOOOO vi a6o ai OO ffOO ��O0 CZOOWO M W NOaD n V 0- W_ON n NOTQ U N 000 N 0 NW 16 C4 rMCI N N r J W M r J J LL{ QQ J J J J J QQ W N ca J f N U 'E 000000 0000000000000000000 00000 00000 E� O O pp O a0 1� W V N 0 0 0 0 0 fG fV O -00ip0 Z M W N O W NrrN�00N00 NNW N N O� E O M O N N CL i 8 N O O O O O O O O O O O 00 O O O O O O 0000000000000000000 m 8�00000000000N 00000 0 ' c - 00001000 O O_O n O N 0 CR 0 CR 0 0 0000WNi00 r O E O M N O C'v) NaOVr COI ONOM NV A wW N x c N W W O CL L RR m v 0000000 00 0 O.E 000000 0p000 Q m 0000pp00000 O C p W y d m =0000 p W O��t0�1OO i W W N0 QZOOOOrr oor000 �NN 0000 c c c o_ «�7 Ld Q cWc�� m�41 6vi y�Ot � M. OOO �n L) E 8ammm o B 000000000000000 w j 2u225- r 000 00000000000000000 mvc mSi Cb'i bQQ'i c W mmmm 0 00000000000o00�00 O E o c N C C C C p� W M000N�n�non 0 0 0 WOO N U N K O o O O oMmno O O O m vi Nvin ai0o��cm _ nMr rai N d d 000000000000000 000 5 oo 0000000OOO 0 o0 M 00 C C G G C N N N N 0 0 0 0 0 0 0 N G w W O O OO N V M N V v) 00 00 O OO O M NNN NN0NN as QQ ((N� QQQQQQ J °r r MO0�a0rrrrrr0 v mE A m c yc c 4 qE�� d 6 N CL A F my A cp T C m Qp W 'y c� O c O C! C O H ji C _E m M M c c E m dr 000H C 6 U 0 g 6 N N A O 0 z U� c y ER c 2 2 'd '6 i 2 m N O L E 016 «�' C O N A ip O C � C 0 W 7 C pp U pp p U R' C c c C C r N V Hw n W W r N I!g r r r N O O. 0 0 0 O O O. O O O O O O O O O S 0000000000000000000 o o 0 0 0 0 0 0 0 0 0 0 0 0 o ao 0 0 0 'V 0000�000NOOOOOOONrMO p mo001�001� N V 000 W V N I NO H Oo N rth ��00fGN rt+i pl �e 0 N t O O O O O O O O O O O O O O O O O O O 0000 00000000000000 00000 ONad oo00000i Oi C O O O O W —ON N O O O O O O r r r 0 0000rr OooWa c v° N�OO vi a6o ai ai 0 U J J J J J J J LL{ QQ J J J J J QQ W N J f E N CL i 8 E c m c E > > d c Ulm A N x c A W W O CL RR m O.E Q m Fo O C p W y d c i c c c c Q cWc�� m�41 y�Ot � OOO �n L) E 8ammm o B H w j 2u225- r - mvc mSi Cb'i bQQ'i c W mmmm O E O c N C C C C U V K O O O O N N W 3 W d c O E N v E 7 N c O m Z L 0 O U Iz 0 0 Ll } . . \ \ \.! \ LU �\ - \ § u \ m } ` ° f /§��..«.. 4 g - / !; »; / rte' April 11, 2000 Mr. Don Webb Public Works Director City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Protest of low bidder Specification: Dahlia Ave Street End/ Fern leaf Ave Slope Repair Project Contract No.: 3157 Dear Mr. Webb: Summit Contracting hereby protests the low bid of Metro Builders Engineering Group (hereinafter referred to as "Metro Builders ") fot the above - mentioned project. Mehra Builders failed to submit a proposal which complies with all the prescribed requirements set forth in the Public Contract Code, including but not limited to Sections 4100 through 4113. Metro Builders will be unable to perform all non - subcontracted work with its own forces as required by Public Contract Code section 4106. In addition to evaluating a contractor's bid to ensure that it is responsive to the requirements of the bid documents, the City must also evaluate bidders to determine that they are responsible. Public Contract Code Section 20783. In determining whether or not a bidder is "responsible ", the City must assess the "quality, fitness and capacity of the low bidder to satisfactorily perform the proposed work. " City of Inglewood -Los Angeles County Civic Center Authority v. Superior Court 7 Cal.3d 861, 867, 103 Cal. Rptr. 689, 692 (1972). In this case, Metro Builders failed to designate any subcontractors to perform any portion of the project. Specifically, since this project calls for substantial work typically performed by specialty subcontractors, it is simply inconceivable that Metro Builders has sufficient manpower, expertise and equipment to perform all of the work required by the contract documents with its own forces. The work typically performed by specialty contractors is as follows: Cc: Mr. Fong Tse APR 12 ' . 1 1824 Flower Avenue, Duarte, California 91010 • Voice: (626) 357-9211 • Data: (626) 357 -1066 • State Contractor's License NA607397 Surveying (construction staking, as -built drawings) Fencing (cable railing) Landscaping (irrigation system, install dwarf coyote bush, install 5- gallon toyon, install 5- gallon matilija poppy, install 5- gallon desert grape, plant establishment and maintenance period) Reinforcing Steel (retaining wall, debris wall, concrete drain box) It is, of course, a violation of the Subletting and Subcontracting Fair Practices Act (Public ,_drat Cod.'. Swtic-n 4101 et seq.) for a contractor that intends to subcontract any portion of the work in excess of one -half of one percent of the total bid to fail to list all such subcontractors in its bid. Public Contract Code Section 4107(c). Summit Contracting is the lowest responsible bidder for this project and should therefore be awarded this contract. Summit Contracting has performed numerous contracts for the City of Newport Beach and has always been held to the same standards that we are requesting be imposed on Metro Builders. Should the bid of Metro Builders be declared responsive, we request to schedule a hearing with the City Council immediately to discuss this matter further. Thank you for your courtesy and cooperation in this matter. Sincerely, qJOimonas Cc: Mr. Fong Tse Ix Metro Builders and Engineers Group Ltd. 2610 Avon Street #A Newport Beach, CA 92663 -4730 (949) 515 -4350 Fax (949) 615-4351 April 13, 2000 City of Newport Beach Attn: Mr. Fong Tse, F.E. P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Protest by Summit Coutraaiog, Dahlia Ave. Street End !Fero Leaf Avenue Slope Repair bid Dear Mr. Tee: in reference to the objection made by Summit Contracting to Metro Builders and Engineers CrrouP Ltd- nut listing subcontractors for a few trades to our proposal, please note that the trades in question will either be performed by Metro Builders and Engineers Group Ltd. or their value is less than one half of one percent of the contract amount or both. Skomdoa: The value is less than one half of one percent of the contract amount Furthermore, snveying is dome on an hourly basis and does not fall under subcontractor listing. Cable Raiff: Metro Builders and Engineers Croup Ltd will perform the work in house and is quallfled to do sm The value of the installation of the cable railings is less tban one half of one percent. Laadsoaoln¢ artA2gMadm Metro Builders and Engineers Group Ltd. will perform the work. Metro Builders and Engineers Group Ltd has dote this work on numerous park projexta- Reinforciser Steel £err debris wall: Metro Builders and Engineers Group Ltd. is qualified and will do the work. The value is lees than one half of one percent Please reference the erttmsive list of projects that our company has completed. Metro Builders and Engineers Group Lt& performed everytbM in hotsq including projects for the City of Newport Beach. Please call me if you have questions or need fiuther details. alY> Found Houalla President j 4,rJt�II�►✓O� C��ei - FH =sb Urtonb.doc 9 City of Newport Beach BUDGET AMENDMENT 1999 -00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 056 AMOUNT: F $126,576.96 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure account, Dahlia Ave Street End Slope Improvements, and decrease expenditure accounts, Miscellaneous Slope Repairs and NPDES Program, to provide for repair of recent slope failure. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (360 1) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 7013 Street Account Number C5100023 Dahlia Ave. Street End Slope Imprvmnts Division Number Account Number Signed: � Financi I Approval: Administrative Services Director Signed: 7..�+/ /L ,. Administrative Approvaf., City Manager Signed; City Council Approval: City Clerk Amount Increase Decrease $126,578.96 $119,651.26 $6,727.70 f �/y DCD Date OfJ Date Date Description Division Number 7014 Miscellaneous & Studies Account Number C5100508 Misc. Slope Repairs Division Number 7012 Drainage Account Number C5100011 NPDES Program Division Number 7013 Street Account Number C5100023 Dahlia Ave. Street End Slope Imprvmnts Division Number Account Number Signed: � Financi I Approval: Administrative Services Director Signed: 7..�+/ /L ,. Administrative Approvaf., City Manager Signed; City Council Approval: City Clerk Amount Increase Decrease $126,578.96 $119,651.26 $6,727.70 f �/y DCD Date OfJ Date Date