Subject:     GREAT OAKS – ROUTE 85 COMMUNITY FACILITIES DISTRICT No. 6

 

COUNCIL DISTRICT:  2

SNI: N/A

 

 

REASON FOR ADDENDUM

 

In order to award the construction contract concurrent with the bond closure that will occur on December 18, 2001.

 

RECOMMENDATION

 

Report on bids and award of contract for Community Facilities District No. 6 (Great Oaks-Route 85) to the lowest responsive bidder, McGuire and Hester, in the amount of $4,642,560, and approval of a contingency in the amount of $696,384.  CEQA:  Resolution No. 69699.

 

BACKGROUND

 

The Community Facilities District No. 6 (Great Oaks – Route 85) (CFD) area has been planned for industrial development since 1979 when it was adopted as a part of the Redevelopment Project Area. The formation of the CFD was approved by the City Council on March 6, 2001, and a public hearing was held on March 27, 2001, in which 100 percent of the qualified landowner electors voted for the establishment of the District.  Additionally, on June 19, 2001, City Council approved the authorization to proceed with the issuance of bonds.  The boundaries of the District are shown on Attachment A.

 

Public improvements proposed to be constructed by the CFD will include traffic mitigation and infrastructure improvements.  Traffic mitigation improvements will occur at 12 locations and are needed for development to continue in Old Edenvale.  Other public improvements to be built include modifications to median islands, streetlights, sanitary and storm sewers and the extension of Great Oaks Boulevard.  These intersection improvements serve as mitigation of anticipated traffic impacts from the build-out of Old Edenvale, which is expected to generate over 3 million square feet of R&D, office and manufacturing space and over 9,000 new jobs to the area.   

ANALYSIS

 

Bids for this project were received on November 8, 2001.  The bid results are as follows:

 

 

Contractor

 

Bid Amount

Variance

Amount

Over/(Under)

Percent

 

 

 

 

Wattis Construction

   (San José, CA)

$5,665,605

$359,055

9

Granite Construction

   (San José, CA)

5,308,570

2,020

2

Engineer’s Estimate

$5,306,550

---

---

Golden Bay Construction, Inc

  (San Carlos, CA)

5,074,288

(232,262)

(3)

Top Grade Construction, Inc

  (Livermore, CA)

4,857,775

(448,775)

(7)

Pavex Construction

  (Redwood City, CA)

4,786,600

(519,950)

(8)

O’Grady Paving

  (Mountain View, CA)

4,713,900

(592,650)

(10)

O. C. Jones and Sons

  (Berkeley, CA)

4,683,040

(623,510)

(10)

McGuire and Hester

  (Oakland, CA)

4,642,560

(663,990)

(11)

Granite Rock Co. DBA Pavex Construction DivisionRGW Construction

  (Livermore, CA)

4,607,525

(699,025)

(12)

 

The bid proposal submitted by RGW Construction, Inc in the amount $4,607,525 is considered non-responsive.  The bid specification required that contractors bid not less than $350 per day for bid item #1, Street Cleanup.  RGW did not use the required minimum specified amount and bid this item at $100 per day, therefore, their bid must be rejected as non-responsive.

 

McGuire and Hester is the lowest responsive bidder.  The bid submitted by McGuire and Hester in the amount of $4,642,560 is 11 percent lower than the Engineer’s Estimate and is considered as a reasonable price for the work to be performed.  The bid documents have been reviewed and found to be in order.

 

A contingency of $696,384 (15% of the cost of construction) is requested for any unforeseen conditions that may arise during construction.  The project will be constructing traffic signal improvements at 12 different intersections.  In part, this contingency request – an increase over the standard 10% of construction costs – is being sought to cover costs for potential utility conflicts at these intersections.

 

PUBLIC OUTREACH

 

The construction bid process for the CFD was listed on the City’s Internet bid line and advertised in the San José Mercury News and San José Post Record.  Bid packages for all Department of Public Works construction projects are routinely provided to a standard list of various contractor organizations, builder’s exchanges and disadvantaged business organizations, including United Minority Business Enterprises and the San José Minority Business Development Center.

 

COORDINATION

 

This project has been coordinated with the Departments of Planning, Building and Code Enforcement, Transportation, and Finance and the Offices of the City Attorney, Risk Manager, and Equality Assurance, the Redevelopment Agency (the Agency) and the Great Oaks Water District.

 

COST IMPLICATIONS

 

1.      COST OF RECOMMENDATION:

 

Costs of Contract ($4,642,560 contract amount and $696,384 contingency) will be funded through the proceeds of the sale of the City of San José Limited Obligation Improvement Bonds, Special Tax Bond CFD 6.  The bonds will be paid through a special tax imposed upon each property owner in the CFD and secured by liens recorded upon each of these properties.

 

2.   ESTIMATED COST OF TOTAL PROJECT:

 

Construction                                                                                            $5,338,944

Land Acquisition                                                                                        2,282,431

Utility Fee (Great Oaks Water)                                                                     450,000

Project Development                                                                                    195,000

Consultant Services                                                                                      858,150

Design & Construction Services                                                                    568,824

District Financing                                                                                      2,710,913

TOTAL                                                                                                 $12,404,262

 

3.   SOURCE OF FUNDING:

 

Sale of Improvement Bonds                                                                   $12,200,000

Cash Prepayment                                                                                        204,262

TOTAL                                                                                                 $12,404,262

 

4.   ESTIMATED START DATE OF CONSTRUCTION:   January, 2002

 

5.   ESTIMATED COMPLETION DATE OF CONSTRUCTION:   January, 2003

 

BUDGET REFERENCE

 

Fund:                               Established after the receipt of bond proceeds

Amount:                          $12,404,262

 

NONDISCRIMINATION

 

The City of San José Nondiscrimination Requirements are included in this project as required by Chapter 4.08 of San José Municipal Code.

 

CEQA

 

Resolution No. 69699.

 

 

RAJEEV BATRA

Acting Director, Public Works Department