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.
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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