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Home My WebLink About05 - Peninsula Park and Bayview Park ImprovementsTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report March 27, 2018 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Patrick Arciniega, Senior Civil Engineer parciniega@newportbeachca.gov PHONE: 949-644-3347 TITLE: Peninsula Park and Bayview Park Improvements —Award of Contract No. 7226-2 (16P12) ABSTRACT: Construction bids have been received for the Peninsula Park and Bayview Park Improvements project. Staff requests City Council's approval to award the construction contract to S & H Civilworks, California. RECOMMENDATION: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (in -fill development projects) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7226-2 to S & H Civilworks for the base bid amount of $234,060.00 for Peninsula Park, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $23,400 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: There is sufficient funding for this project. The following funds will be expensed: Account Description Building Excise Tax Account Number 14101-980000-16P12 Total: Amount $ 267,600.00 $ 267,600.00 Staff recommends establishing approximately ten (10) percent for contingency purposes for unforeseen conditions associated with construction. 5-1 Peninsula Park and Bayview Park Improvements — Award of Contract No. 7226-2 (16P12) March 27, 2018 Page 2 Proposed fund uses are as follows: Vendor Purpose Amount S & H Civilworks Construction Contract $ 234,060.00 S & H Civilworks Construction Contingency $ Geocon Geotechnical $ Various Printing & Incidentals $ 234,060.00 Total: $ DISCUSSION: $ 40,000.00 8,570.00 1,570.00 267,600.00 Peninsula Park is one of the most popular family destinations on the peninsula. The large turf field, restroom facilities, Balboa Pier, fire pits, and parking lots create an ideal setting to enjoy the beach and surf. The existing sand/seat-wall (separating the field from the sand), cement hardscape surrounding the public restrooms, and asphalt concrete (AC) walkways are in need of significant maintenance. The existing slump stone block sand/seat-wall's primary purpose is to protect the site from windblown sand. The wall has been slowly breaking apart and sections have fallen down in recent years and no longer provides wind protection. In addition, the adjacent sidewalk is in poor repair and in need of replacement. Renovation of the stairs and railing at the restrooms is also included within this project. Regrading and repaving of the asphalt concrete fire pit walkways is also necessary. A couple of improvements at Bayview Park were also proposed as additive bid items for this project. Municipal Operation staff recommended removing a deteriorated existing wood staircase and replacing it with a new concrete staircase in a more appropriate location. These stairs connect the upper main field area with the lower tot lot field. Although an existing (ADA accessible) path currently connects the two areas, a portion of the park user's shortcut through the landscaped slope area to reach the lower field, continually trampling the landscaping and creating a dirt path down the slope. Staff is not recommending awarding this alternative bid work in Bayview Park at this time as the bid cost came in at double the engineer's estimate. Additionally, staff recently received comments from a couple of residents raising concerns regarding the new staircase breaking up the existing landscape and attracting skate boarders. Staff recommends reevaluating this work and including it in a future project that will be more cost effective. At 11 a.m. on March 7, 2018, the City Clerk opened and read the following bid for this project: 5-2 BIDDER TOTAL BASE BID AMOUNT Low S&H Civilworks $ 234,060.00 2nd Kasa Construction $ 241,870.00 3rd Aramexx Construction $ 272,948.00 4th Yakar $ 303,245.00 5th GMC Engineering $ 307,000.00 6th All American Asphalt $ 347,347.00 7th Environmental Construction $ 354,950.00 8th Excel Paving $ 364,387.00 9th Calpromax Engineering $ 515,248.00 5-2 Peninsula Park and Bayview Park Improvements — Award of Contract No. 7226-2 (16P12) March 27, 2018 Page 3 The City received multiple bids for this project and the low base bid is 28.9% percent less than the Engineer's Estimate of $329,000. The low bidder possesses a Classification "A" California State Contractors License as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. S&H Civilworks (S&H) has also successfully completed projects for the City and recently completed the Concrete and Pavement Replacement project in the City in August of 2017. The City also received the attached bid protest from the second low bidder, Kasa Construction, which identified several issues. Staff reviewed the issues raised in the protest letter and requested a response from S&H, also attached. Staff believes the protest raises non - substantive issues and S&H can complete the work as bid and will meet all contract requirements. Staff recommends awarding this construction to S&H Civilworks. Construction will begin immediately on the Peninsula Park improvements after Council award of contract to ensure completion prior to the summer. The project specifications require these park improvements to be complete by May 28, 2018. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (in -fill development projects) of the CEQA Guidelines California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Maps for Peninsula and Bayview Park Improvements Attachment B — Protest Letter from Kasa Construction dated March 8, 2018 Attachment C — Response to Protest Letter from S & H dated March 12, 2018 5-3 ATTACHMENT A CID 9 9 EXISTING- STAIRWAYS XISTING STAIRWAYS EXISTING WALLS NO q�B 04 ----- - ---------------- - - F f y. EXISTING WALL PENINSULA PARK CITY PARKS - WALLS AND STAIRWAY REPLACEMENT PROJECT LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8022-1 02/15/18 5-4 PROPOSED ROPO, STAIRWAY ftb;i. Cp \ RMC�NT CItE RC R EXISTING STAIRWAY BAYVIEW PARK CIN PARKS -WALLS AND STAIRWAY CITY OF NEWPORT BEACH REPLACEMENT PROJECT PUBLIC WORKS DEPARTMENT LOCATION MAP C-8022-1 02/15/18 5-5 C O N STFP, U CTI O" LICENSE # 927544 March 8, 2018 City of Newport Beach Mark Vukojevic, City Engineer 3300 Newport Beach Blvd. Newport Beach, CA 92663 Project: Peninsula Park and Bayview Park Improvements Subject: BID PROTEST Bid Date: March 07, 2018 11 am ATTACHMENT B This letter shall be construed as a Formal Bid Protest against the Apparent Low Bidder — S&H Civil Works, CSLB License # 1008640 for various reasons as explained below. 1) Bid Proposal Page 6 — S&H failed to provide a Notary Acknowledgment for "Principal" which in this case would be the Principal of S&H. (Notary acknowledgment of Principal & Suret must be attached) As clearly indicated above, it states it MUST be attached. 2) Bid Proposal Page 9 - Although Bidder does in fact hold an A license, page 9 of the Bid Proposal states the IF subcontractors are not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of work. S&H shall provide documentation to the City to justify that in fact they employ state certified electricians, that they own a paving machine and have self -performed Asphalt work, and have built structural walls to prove they are qualified. 3) Bid Proposal Page 19 — S & H failed to list the name, etc of the person that inspected the site. This poses a huge liability to the City and if the City accepts this portion to be left blank, it makes it unfair to other bidders and provides a competitive monetary advantage, and exposure both before and after the bid. List the name and titlelposWion of the persons) who inspected for your firm the site of the work proposed in these contract documents; 1 51 4B SIERRA B❑NITA LANE, CHINO, CA 91 71 0 PHONE: 909.457.8260 / FAX: 909.457.8261 5-6 C O N STFP, U CTI O N LICENSE # 927544 4) Bid Proposal Page 15 (Designation of Sureties) — S & H failed to include this page in its entirety and clearly submitted an incomplete Bid Package. 5) Bid Proposal Page 20 — S & H failed to answer the last question. For any projects you have been involved with in the last a years, did you have any claims or actions by any outside agericy or individual far labor compliance (i.e_ failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 1 No Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive_ 6) Bid Proposal Page 21 — S & H failed to answer the first question. Are any claims or actions unresolved or outstanding? Yes / No Failure of the bidder to ,provide ALL requested information in a complete and accurate manner may be considered non-responsive. 7) Addendum #1 — S & H Failed to attach to its Bid Proposal the Addendum and Signature page as required. An example of KASA's signature acknowledgement is below. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No.1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. 5 Bidder's Name (Please Print) D ' `Lil(1!r ti5i�ltt, �Ct'SiG�Z41� orized Sig ' re & Title 1 51 4B SIERRA BONITA LANE, CHINO, CA 91 71 O PHONE: 909.457.8260 / FAX: 909.457.8261 5-7 C O N STF, U CTI O N LICENSE # 927544 Based on the above findings, it is without a doubt that S&H Civil Works is not the Responsible Low Bidder and as a result this project should be awarded to KASA Construction. KASA Construction respectfully requests that the City of Newport Beach considers the above findings and make a fair and proper determination to deem the Bid by S&H Civil Works, NON- RESPONSIVE. If there is any additional information needed, please do not hesitate to call me at the number below. Respectfully, Sam Kasbar Vice President KASA Construction, Inc. C.c. City Clerk 1 51 4B SIERRA BONITA LANE, CHINO, CA 91 71 0 PHONE: 909.457.8260 / FAX: 909.457.8261 MU -1 ATTACHMENT C March 12, 2018 Patrick Arciniega, P.E. Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA, 92660 Subject: PENINSULA PARK AND BAYVIEW IMPROVEMENTS Dear Patrick, This is in reference to the above-mentioned project that was bid opened last March 7, 2018. We are sending this letter to express our interest to do the work since we are currently the low bidder for this project with a total base bid amount of $ 234,060. This project site was personally inspected by me prior to the bid opening date. For this project, S&H will do all the work indicated in the contract including grading, demolition, asphalt paving, grinding, concrete, structure and utilities work by our own forces. For this reason, we do not any sub -contractor on the list. We are a company that has good reputation and track record that comply with the labor laws including compliance in paying prevailing wages and providing certified payroll on all our projects. Also, S&H does not have any unresolved or outstanding claims. When we submitted our proposal, all required documents has been signed and notarized three (3) times including acknowledgement of the addendum as required in planet bids. We acknowledged that there was some minor typo in our proposal however the claims from KASA Construction that our proposal has unfair advantage on the bidding process has no merit. We are looking forward to work again with the City of Newport Beach. If you need further information, please feel free to contact me at any time. Sincerely, Jesse Sotto President S&H Civilworks 1801 Hilltop Drive, Colton CA 92324 Office: (909) 206-1181 Fax: (909) 498-8021 5-9