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Home My WebLink About23A - EDNA PARKREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2012 TITLE: CONTRACT AWARD FOR EDNA PARK IMPROVEMENTS (PROJECT NO. 096036) 1 (?W'l - '( ? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Green Giant Landscaping, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus alternates one and two in the estimated amount of $264,000 for construction of the Edna Park Improvements. 2. Approve a funding analysis with a total estimated construction cost of $369,600. DISCUSSION Edna Park is a 2.6-acre park north of Seventeenth Street running along the west side of the Santa Ana River at Santa Ana River Recreational Trail (Exhibit 1). It has historically served as a neighborhood park; however, its function as a trailside rest area has grown due to its proximity and connection to the recreational trail. Project improvements will support the needs of all these users and include a complete restroom renovation, new drinking fountains, water bottle refilling station, improved picnic areas, and enhanced lighting and landscaping. In addition, an equestrian area with hitching posts and water trough will be installed. The Notice Inviting Bids was advertised on December 14 and 15, 2011, with outreach efforts made to 17 Santa Ana contractors. Bids were opened on January 17, 2012. A summary of the bid notices and bid results follows: Contractors requesting bidding documents: 19 Santa Ana contractors receiving notices: 17 Total bids received: 16 Bids received from Santa Ana contractors: 1 23A-1 Contract Award for Edna Park Improvements March 5, 2012 Page 2 NAME OF RESPONSIVE BIDDER CITY BASE BID AMOUNT 1. Green Giant Landscape, Inc. La Habra $219,000.00 2. Micon Construction, Inc. Placentia $224,672.08 3. Lehman Construction, Inc. Tustin $229,785.00 4. Patscheck Construction, Inc. Costa Mesa $229,820.00 5. Kasa Construction, Inc. Ontario $235,999.00 6. Ted Enterprises, Inc. San Clemente $240,700.00 7. Fleming Environmental Fullerton $243,685.00 8. American Building Solutions, Inc. San Fernando $249,500.00 9. Alpha 1 Construction, Inc. Santa Fe Springs $254,824.00 10. Rezman, Inc. Brea $257,981.00 11. Ace CD, Inc. Glendora $258,700.00 12. Hondo Company, Inc. Santa Ana $258,960.00 13. O'Connell Engineering Construction, Inc. Winchester $279,000.00 14. STL Landscape, Inc. Los Angeles $288,000.00 15. Unique Performance Construction Costa Mesa $332,000.00 16. C.S. Legacy, Inc. Chino $333,277.00 The Engineer's estimate for this project was $242,000. A total of 16 bids were received and all were deemed responsive. The bid documents require the contractor to be selected based on the lowest base bid. The lowest base bid was submitted by Green Giant Landscape, Inc. for $219,000. A bid protest was submitted by the third-lowest bidder, Lehman Construction Inc., stating that the first and second low bidders failed to list a flooring subcontractor (Exhibit 2). A bid protest hearing was held on February 2, 2012; the protest was overruled with the conclusion that the failure to list the subcontractor did not provide an advantage to the low bidder nor did it disadvantage any of the other bidders and did not affect the outcome of the bid. Green Giant is the lowest responsible bidder (Exhibit 3). Therefore, staff recommends awarding base bid plus alternates one and two to Green Giant Landscape, Inc. in the amount of $264,000. ENVIRONMENTAL IMPACT Environmental Review #ER-2006-170 Negative Declaration have been filed Certificate of Categorical Exclusion Protection Act. has been completed, and pursuant to the California has been filed pursuant 23A-2 a Notice of Determination and Environmental Quality Act. A to the National Environmental Contract Award for Edna Park Improvements March 5, 2012 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $369,600 for the project (Exhibit 4). Funds are available in the State Resources Agency Grant Fund (accounting unit 16113262-66220) and the Park Acquisition and Development Fund (accounting unit 31113260- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: r Raul Godinez Executive Dire or Public Works Agency { C Francisco Gutierrez Executive Director Finance & Management Services Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency RG/KW Exhibits: 1. Project Location Map 2. Protest Letter 3. City Response 4. Funding analysis 23A-3 Exhibit 4 FUNDING ANALYSIS PROJECT NO. 096036 EDNA PARK IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS $264,000 $13,200 $18,480 $7,920 $66,000 $369,600 23A-4 23A-5 I ' ._J I I li I FnI N IIW -- IJ IQ Ip T Q. ai IW Ip ?N IW L I? IQ I ? IF7Tn li I a iy H'r? / nrx sr ------------ 17TH ST L 'L1J Edna Park NTS FXHIRIT 1 SANTA ANA CITY COUNCIL P^ AGENDA u DATE: ??gas A. MARCH 5i 2012 JrH ORnNc o e 3r~ III- PROJECT 09-6036 EDNA PARK IMPROVEMENTS 23A-6 ?O ?P P ?P , 23A-7 09-6036 Edna Park Improvements J-4-WJY Exhibit 2 11Y January 18, 2012 Raul Godinez II, Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza M-21 Santa Ana, CA 92701 Re: BID PROTEST BY LEHMAN CO.NSTRJCTION, INC. Project No. 09-6306: Edna Park Improvements Dear Mr. Godinez: On January 17, 2012, bids were opened for the above project. Lehman Construction is hereby filing a written bid protest due to the failure of the first (Green Giant Landscape) and second bidder (Micon Construction Inc.) to name an approved epoxy flooring contractor. In this extremely competitive bidding environment every bidder looks at ways to lower their bid. However, the bid specifications 20.00 Special Provisions- Eooxy 1=1o;; ;in;, (copy enclosed), lists Sunbelt Flooring as a proprietary manufacturer and installer of " Heavy Duty Flooring #1100" for the floor coating on the restroom floors and selected walls. We actuary thought of cutting costs and self-performing the epoxy, but the available materials wouid not meet Sunbelts spec's so we included Sunbelt in our subcontractor list. Any proposed substitution of the Epoxy flooring by either Green Giant or Micon if the City so entertains, needs to be reviewed as part of this protest since the spec's are clear on the City's intent. If it is found that Sunbelt's epoxy system is required per the spec, then Sunbelt's subcontract would be more than 4 times the naming requirement of 1/2 of 1%. Based on Green Giants bid of $219,000.00 they would have to name any sub over $1095,( $219,000.00 x.005 = $1095) Micon engineering would also be required to name Sunbelt. ( $224,672 x.005= $1123). The spec's are clear regarding the system the City asked for. The contract documents and Public contract code are clear regarding the subcontract naming require,-,eats. We therefore ask the City to find Green Giant's and Micon's bids nonresponsive and award the project to Lehman Construction, Inc. Sincerely Mark Lehm n 1` President, Lehman Construction, Inc. Enclosure cc: Green Giant Landscape (w/encl) Micon Construction Inc. (w/encl) Lehnt.tn Con,rrmrrmmi, [tit. - P.O. lima 569 - T. ti A 678 1 - Phone 71/1.8;8.7577 - Fax 714.838.5077 (.mnrr 3A.4. )A, $ 20.00 SPECIAL PROVISIONS - Epoxy Flooring GENERAL 20.01 DESCRIPTION A. Section Includes 1. Provide labor and materials for a multiple component, seamless, anti- microbial, chemical & thermal shock resistant, epoxy flooring system, including surface preparation, primers, and finish coats. B. Acceptable Manufacturers and Installers 1. SUNBELT FLOORING, INC., Phone: (909) 606-7623, Fax: (909) 606-7685 2. Manufacturer approved Installer, who has technical qualifications, currently approved in writing, and facilities to install specified systems. 20.02 DELIVERY. STORAGE AND HANDLING A. Deliver material to job site in clean, clearly labeled containers and inspect prior to start of job. B. Store material in a dry, enclosed area protected from the elements. Keep temperature of storage area between 60°F and 90°F. 20.03 ENVIRONMENTAL REQUIREMENTS A. Cure new concrete no less than 28 days under good conditions. B. Verify that substrate is properly equipped with vapor barriers and perimeter drains. C. Verify supply of adequate utilities, including electric, water, heat (between 60°F and 90°F.) and lighting of no less than 80 ft candles measured at floor surface. D. Free work area of other trades during, and for a period of 24 hours, after floor installation. E. Protect finished floor from damage by subsequent trades. 20.04 WARRANTY A. Submit a one year warranty against defects in material and workmanship upon substantial completion of installation. 124 23A-9 PRODUCTS 20.05 PRODUCT DESCRIPTION A. Sun Belt Flooring System as installed by Sunbelt Flooring Inc., including preparation and installation of the "Heavy Duty Flooring No. 1100 Chemical Resistant Industrial Floor". B. Physical Properties Hardness (Shore D) ASTM D-2240 87 Compressive Strength ASTM C-579 10,718 psi Tensile Strength ASTM C-307 2,745 psi Water Abso tion _ ASTM C-413 7.Da s - 0.07/0 Flexural Strength ASTM D-790 4,658 psi Modulus of Elasticity ASTM C-580 7 Days 2.2 x 10 6 psi Linear Shrinkage Coefficient of Thermal Expansion ASTM D-2566_ ASTM D-696 0.02% _ 3.0 x 10" - 5 in/in/F Bond Strength to Concrete ASTM D-4541 >376 psi substrate fails Heat Resistance Limitation _ 140°F - 18 Hours, Lab-6 Hours Impact Resistance ASTM D 2794 _ 160 inch- unds Flammability ASTM D-635 Self Extinguishing Flame S read/NFPA 101 ASTM E-84 Class B Abrasion Resistance CS 17 Wheel 1000 GM Load 1000 Cycles ASTM D-4060 Wear Index 30 Weight Loss 0.015 grams Coefficient of Friction Standard Slip-Resistant ASTM C 1028 Dry - 1.05 Wet - 0.94 C. Product Mixing 1. Mix on site with manufacturer supplied mix and measure apparatus to ensure a timely, accurate mix ratio and minimize waste. 125 23A-10 r C } t C a x ,.i t 7t V N a 60 0 60 Z J to .Sd U rl ? 12 N O N ru o rda° H U 1a OONi H ?4 M 4-1 .d N •rr -0 1"r u C Q ll?^^ U •Ii ?V O •1 44 0 -0 O -> td :3 4.3 rd X -H Q (? fL' W 0 " En ••3! 23A-11 EXHIBIT 3 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele C. Martinez Vince Sarmiento Sal Tinajero February 9, 2012 CITY OF SANTA ANA 20 Civic Center Plaza • P.Q. Box 1988, M-21 Santa Ana, California 92702 Mark Lehman President LEHMAN CONSTRUCTION, INC. P.O. Box 3569 Tustin, CA 92781 Re: Project No. 09-6036, Edna Park Improvements Dear Mr. Lehman: INTERIM CITY MANAGER Paul Walters INTERIM CITY ATTORNEY Joseph Straka CLERK OF THE COUNCIL Maria D. Huizar The Santa Ana Public Works Agency issued a Notice Inviting Bids for the above project. After bids were opened on January 17, 2012, the City received your bid protest from Lehman Construction, Inc., requesting that the low bidder and second bidder be disqualified for failure to comply with the bid specification requiring the listing of all subcontractors providing one-half of 1 % of the work. The protesting party has the burden of proof to demonstrate that the staffs determination of proposed low bidder is arbitrary and capricious, or unsupported by substantial evidence in the record. A protest hearing was held on February 2, 2012, at which you were present for Lehman Construction, Inc., and Don Henderson and Rosie Toledo were present for Green Giant Landscape, Inc. The following information was presented: • Green Giant Landscape, Inc. submitted the low bid of $219,000.00. One-half of 1 % of Green Giant's bid is $1095.00. • The bid specification named the required flooring system to be installed in the project: Sun Belt Flooring System as installed by Sunbelt Flooring, Inc., including preparation and installation of the "Heavy Duty Flooring No. 1100 Chemical Resistant Industrial Floor". • Green Giant's bid did not list a subcontractor for the epoxy flooring, and did not propose a substitute flooring system. 23A-12 City of Santa Ana Response to Bid Protest Project No. 09-6036, Edna Park Improvements • Sunbelt Flooring submitted a bid to Green Giant Landscape, Inc., proposing to complete the epoxy flooring for a labor and materials cost of $5,150. The total cost includes twenty percent ($1,030) for labor and eighty percent ($4,120) for materials. • California Public Contract Code and the City's bid documents require the listing of all subcontractors for all subcontract work exceeding %% of the bid. Generally the law requires strict compliance with bid specifications. However a city may waive a minor deviation if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders - i.e, inconsequential deviations. Competitive bidding rules have been implemented to guard against favoritism, improvidence, extravagance, fraud and corruption; prevent the waste of public funds and to obtain the best result for the public. Additionally, the purpose of the subcontractors listing law is to prevent bid shopping after the opening of bids. The City specifically listed the flooring that must be used on the Edna Park Improvement Project. In the absence of a proposed substitute in its bid documents, the low bidder is required to utilize the named flooring manufacturer. Therefore, the failure to list the required flooring manufacturer as a subcontractor will not result in bid shopping, nor does it provide an advantage to the low bidder or put other bidders at a disadvantage. In this case, strict compliance with the bid specifications will result in the City paying more for the same project. This would contravene the purpose of the public bidding laws. Therefore, I am upholding staff's determination that Green Giant Landscape, Inc. is the low bidder, and will be recommending that the Edna Park Improvement Project be awarded to Green Giant Landscape, Inc. Sincerely MW Raul Godinez II, P Executive Director c: Mayor and Council Don Henderson 23A-13 Exhibit 4 FUNDING ANALYSIS PROJECT NO. 096036 EDNA PARK IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS $264,000 $13,200 $18,480 $7,920 $66,000 $369,600 23A-14