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HomeMy WebLinkAbout08 CONTRACT FOR TUSTIN RANCH RD PHASE 1 GRADING & STORM DRAIN PROJECT8 AGENDA REPORT Reveweld.m City Manager Finance Director MEETING DATE: AUGUST 2, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER AND EXECUTIVE DIRECTOR FROM: REDEVELOPMENT AGENCY AND PUBLIC WORKS DEPARTMENT SUBJECT: AWARD OF CONTRACT FOR TUSTIN RANCH ROAD PHASE 1 GRADING AND STORM DRAIN PROJECT (CIP NO. 70100 AND 70206) SUMMARY This item was continued from the July 19, 2011 City Council meeting. Staff is requesting that the construction contract be awarded for the Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 and 70206) from Walnut Avenue to Warner Avenue to the lowest responsive/responsible bidder. RECOMMENDATION It is recommended that the City Council and Tustin Community Redevelopment Agency deny the bid protests submitted and award the construction contract for the Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 and 70206) from Walnut Avenue to Warner Avenue to the lowest responsive/responsible bidder, Sandoval Pipeline Engineering, in the amount of $12,623,788 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. FISCAL IMPACT Sufficient funds have been secured with the MCAS Tustin 2010 Tax Allocation Bond Measure issued in November and from the City of Irvine as part of the Irvine Business Center Settlement Agreement. The Fiscal Year 2011-2012 Capital Improvement Program includes an appropriation for construction of Phase 1 of the Tustin Ranch Road Extension Project (CIP No. 70100 and 70206). DISCUSSION The construction effort for the entire Tustin Ranch Road Extension project has been segregated into two phases to permit settlement to occur during fill placement and grading of the northerly overcrossing ramp prior to other street improvements being constructed. This phasing of work also allows the allocation of dewatering costs associated with the storm drain installation versus those future costs associated with sewer and water line installation which will be an IRWD reimbursable expense. Phase 1 of this project, which is the subject of this requested award, consists of clearing and grubbing, mass grading, retaining wall, and storm drain construction. Phase 2 will, in the future, involve the construction of the remaining underground utility work, sound walls, and street and landscape improvements, including the Edinger Avenue/Railroad bridge overcrossing. Award Contract for Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 & 70206) August 2, 2011 Page 2 Formal bids were publicly opened on July 12, 2011 and reviewed by Public Works. Eight (8) bids were received and are summarized below by order of least dollar amount: • Sandoval Pipeline Engineering ...................... ..................... $ 12,623,788.00 • Griffith Company ............................................ ..................... $ 14,600,422.20 • FTR International ........................................... ..................... $ 15,206,618.80 • KEC Engineering ........................................... ..................... $ 15,531,611.40 • Mike Bubalo Construction .............................. ..................... $ 15,804,161.00 • Minako America Corporation .......................... ..................... $ 15,919,023.00 • SEMA Construction ........................................ ..................... $ 16,850,677.80 • Shawnan ........................................................ ..................... $ 26,200,115.60 Staff has reviewed the references and the State Contractor's License for Sandoval Pipeline Engineering and has determined that they are appropriate for the project. Subsequently, two bid protests were received, one from Soil Retention, Inc. and one from the Griffith Company, the apparent second low bidder. Attached are copies of each protest letter and the City' response, respectively. Since no alternate or substitution was requested to the wall system shown on the construction plans and specifications, it has been confirmed that Sandoval Pipeline Engineering will provide the wall system as specified in the contract documents (see attached letter from Sandoval Pipeline Engineering dated July 27, 2011). Staff has also reviewed all applicable contract plans, specifications, Instructions to Bidders and all other contract documents. Applicable sections are provided below for background and understanding with additional staff commentary as noted. Section A -Notice Inviting Sealed Bids specifically states in part: "...that the City invites sealed bids for thc~ project and will receive sealed hills ,fc)r the construction, nJateriuls, supplies, equipment and/or services set forth, subject to all conditions outlined in the Bid Puckuge. It further states thus the tivork shall consist of furnishing all labor, materials, tools, equipn)ent and inc•ide)ltcrls us required by the plans specifrc•utions and contract documents. The work to he done herewlder consists of grading and c•onstruc•tion of retaining walls a)ul storm drain system. Additionally, it further required a Mundulory Pre-Bid Conferenc•e~. On Tuesduv, June 21, ?011 ut 10 AM, the City conducted a nJUndutorv Pre-Bid conference fo)• the pJlYr)OSes Of Yc'vJewJllg /he hld docuJ)Je)Jts and ge)1eYal CO)JdJhO)JS alld YequlYel)Je)?ts'. Las1lV. Tn specifrc•ul/y states that the City reserves the right to reject and hid or all hills and to waive a)ry informality or irregularity in any hid and to take all bids under advisement for a nJQYII)JUnl peYJOd of 60 days. The notice inviting sealed bids was puhlished in the Tustin News on Jmre 9 and June 16, 2011. " Staff would emphasize that the purpose of the Pre-Bid conference is to review the bid documents and clarify any issues a prospective bidder might have. No issues regarding the retaining wall system were raised. S:\City Council Items\2011 Council Items\Award of Contract for TRR Phase 1 - Continued.docx Award Contract for Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 & 70206) August 2, 2011 Page 3 Section B -Instruction to Bidders contains a number of instructions to bidders including: 11. Discrepancies and Misunderstandings: "Bidders must satisfy themselves by personal examination of the work site, plans, specircatiolls and other contract documents, and by ally other means as they nlcly believe necessary, as to the actual physical conditions, requirements and di~c•ulties under which the Work !)lust be performed. No bidder shall at a1~y time after submission of a proposal make any clunn or assertion that there was any nlisunderstunding oY luck of information regarding the nature or amount of work nec•essury.for the satisfac•lory completion of the job. Should u bidder frnd any errors, omissions, OY d1SC'YepanC'les liJ the pIa11.S, speClrCa11oi1S, u11d Other COntYUCt dOCUlnents OY should he/she be ill doubt us to their meaning, he shall notify the AGENCY. A written addendum will he sent to all bidders, should it be found nec•essury. The AGENCY will not be responsible for any other explanation or interpretations of the proposed documents. The Contractor shall save harmless the City of Tustin from any loss or dunluges us u result of his/her intentionul.failure to YepOYt ai1V eYYOY, Onll.SSlon OY C'OllfllCtlllg pYOCedilYe. The City was never notified by any proposed bidder of any discrepancies and/or misunderstandings regarding the retaining wall system. 12. Deadline for Request for Interpretation: "All YeylleSlS fOY 1nleYpYetahoil 111USt be Yecelved by .S: ~~~~ p.»7., .In11e ~3, 2011 OY by !10017 Of the tenth (10th) calelldur day prec•edirlg a hid duce revised by uddendunl, whichever is later. " 13. Equivalent Materials & Substitutions: "Requests for the use of equivalents to those spec•ifred must be submitted to the AGENCY in uccordunc•e with the following: SUBSTITUTIONS A. Request for changes in products, nluteriu/s, equipment, and methods of construction required by Contract Documents proposed by the Contractor during the bid period are considered requests for "substitutions. "Only substitutions approved prior to bid date via addendum will he considered Nn substitutions will be considered after bid due date and Award of Contract. It is the sole responsibility of the successful kidder to prove to the AGENCY that such material is truly an equivalent. S:\City Council Items\2011 Council Items\Award of Contract for TRR Phase 1 - Continued.docx Award Contract for Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 & 70206) August 2, 2011 Page 4 Section B -Instruction to Bidder's cont... SUBMITTAL A. Submit three (3) copies cif esc•h request for substitution per Item 12, Deadline for Requests of Interpretation, in Instructions to Bidders. B. Ident~ the product, or installation method to he replaced in each request. Include related specification section and drawing nunlhers. Docwnent compliance with reyurrements for substitutions, and the following infornlution, us uppropriute: 1. Product data, inc/uding dreJx'ings and desc)'lp/lolls' Of pY0(IuCIS, fubrlCatlon and 1n.5'tallat7on pYOCedUre.S. 2. Sai)lples, where applicable or requested. 3. A comparison of signifrc•ant quuhlles of the proposed substitution with Those specified q. A list of changes or modifrcations needed !o other ports of the Work and to construction performed by the AGENCY or other ugenc•ies, which x'ill he necessary to accommodate the pY01)OSed silbStlllltlon. 5. A statement indicating the substitution's effect on the construction schedule compared to the schedule without approval of the substitution. Indic•ute the effect of the proposed substitution on overall contrcrc•t time. 6. Cost information, inc•ltJding a proposul of the net c•hullge, if ulty in the c•ontruct soot. 7. Certification that the Sul)SlllUllon 1S equal t0 OY betteY m eVC'YY Yespect 10 Thal reyurred by C'ontrac•t Docwllents, and that it will perform adequately in application indicated Include Contractor s waiver of rights to additions! pclynlent or time, that may he necessary bec•ausc the suhstitutio)1's.fsihlre to perform crdeyuately. The AGENCY will issue a written response at its discretion indic•uting upprovul or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such u nlutcriul is truly un equivulcnt/substitution. No retaining wall substitutions pursuant to this bidder's instruction were submitted to the City for this project. 14. Legal Responsibilities: AJl proposals must be submitted, filed made and executed in sc•c•ordanc•e with Stste sod Fedora! lows relating to bids for contructs of this• nature whether the sunle or expressly referred to herein or not. Anv bidder submitting a proposul shall by such action thereby agree to each and all of the terms, conditions, pYOVlS1011S and requirenlellts set forth, contenlpluted and referred to in the Plans, Sj~ecificstions and other contrac! documents, and to full compliance therex'ith. S:\City Council Items\2011 Council ItemsWward of Contrail for TRR Phase 1 - Continued.docx Award Contract for Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 & 70206) August 2, 2011 Page 5 Section B -Instruction to Bidder's cont... 15. Award of Contract: The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject ulry or all proposals, to waive ult_y irregularity, and to take the bids under advisement fc)r a ma_Ylnrunr pelvod ofslxty (60) days. 20. Bid Protest To be considered timely, a bid protest must be,~iled tirithin the folk)x~ing time limits: I. Protests bused upon alleged defects or improprieties' in the brd documents shall be filed prior to the date of bid opening. All other protests must be fried within five calendar days after the protester knew or should have known the basis of the protest, brit no later than five calendar days after the date of when the Bids were due to the AGENCY. Section C -Proposal, specifically states in part: TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TUSTIN: In compliance with the Notice Inviting .Sealed Bids, the undersig~led hereby proposes and agrees to perform all the work therein described, and to ,furnish al! Icrbor, material, eyuipnlent and incident insurance necessary therefc)re, in accordance with the plans and specifications on frle in the office of the City Engineer of the CITY (~F TUSTIN. The undersi~,med agrees to perfc)rm the work therein to the satisfaction of and under the supervision of the City Engileer of the CITY OF TUSTIN. BIDDER declares that this proposal is based upon careful exanlnluholl of the work site, plans, specifications, Instructions to Bidders and all other contract documents. Section D -Sample Contract for the project states in part: ARTICLE L Witnessed, that for and in consideration of the payments and agreements hereinafter ntentionecf to he mode a)!d performed by the City, and under the conditions expressed in the tx~o bonds, bearing date with these presents and hereunto almexed, the Contractor agreed with City, at his own proper cost and expense, to do all the work und.furnish all the materials necessary to construct and comp/ere in good workntunlike and substalltiu/ nurnner and to the sutis_fuction of the City, in accordance with the plans and specifications, as ntay be untended,front time to time as of the date Of this AgYeenlenl, e111111ed: Tustin Ranclr Road Extension Plrase I from Walnut Avenue to Warner Avenue Grading and Storm Drain Construction Project Project C/P Nos. 70100 & 70206 which said plans and specifications are hereby st)ec,ically referred to and by such references made a part hereof Said plans and specifications are on frle in the office of the City Engineer of the ('itv of Tustin, California. S:\City Council Items\2011 Council Items\Award of Contract for TRR Phase 1 - Continued.docx Award Contract for Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 & 70206) August 2, 2011 Page 6 Lastly, the Project Bid Schedule in the bid documents clearly identifies bid items No. 48 and No. 49 as Modular Concrete Retaining Wall as shown below: ITEM NO. CONTRACT ITEM DESCRIPTION ESTIMATED QUANTITY UNIT TYPE UNIT PRICE ($) TOTAL PRICE ($) 48. Construct Modular Concrete Retainin = Wall A 21,069 SF 49. Construct Modular Concrete Retainin = Wall B 10,834 SF Of the eight bidders list of subcontractors, for retaining wall; three listed Geogrid, three listed Soil Retention Systems and two had no wall subcontractor listed, indicating they would self-perform this work. Appendix X of the Contract Documents, Specifications and Standard Drawings contains the specification for the Modular Concrete Retaining Wall. It is provided in entirety for reference as an attachment. CONCLUSION It is recommended that the City Council deny the bid contract for the Tustin Ranch Road Phase 1 Grading 70206) from Walnut Avenue to Warner Avenue to the Pipeline Engineering, in the amount of $12,623,788.00, execute the contract documents on behalf of the City. Christine A. Shingle on Assistant City Manager protests submitted and award the construction and Storm Drain Project (CIP No. 70100 and lowest responsive/responsible bidder, Sandoval and authorize the Mayor and the City Clerk to 'r~ D u I~ S. Stack, P.E. Di ct of Public Works/City Engineer Attachment: 1. Sandoval Pipeline Engineering letter dated July 27, 2011 2. Response to Bid Protest -Soil Retention Sytems 3. Response to Bid Protest -Griffith Company 4. Appendix X -Modular Concrete Retaining Wall 5. Project Bid Key Map S:\City Council Items\2011 Council Items\Award of Contract for TRR Phase 1 - Continued.docx ATTACHMENT 1 Sandoval Pipeline Engineering Letter to City Council Dated, July 27, 2011 andoval i aline P Engineering July 27, 201 I Via Email Only City oi` Tustin Mayor and Council Members 300 Centennial Way Tustin, CA 92750 Cc: Mi•. Ken Nishikawa Re: Tustin Le~acy DevelopmentlTustin Ranch Road Extension Phase 1 Dear Council: Sandoval Pipeline Engineering understands the protests that were filed wish regards to the retaining wall system. This is to assure you that it is our intention for us to construct a retaining wall that will provide exactly what is required in the plans and specifications for the Tustin Ranch Road Extension Project. We thank you and look forward to a very successful project. Sincerely, Sandoval Pipeline Engineering Ramiro Sandoval Jr President 13052 Whittram Avenue • Rancho Cucamonga, CA 91739 • Ph. (909) 463-4882 • Fax (909) 463-4890 • Lic.# A-583535 ATTACHMENT 2 Response to Bid Protest -Soil Retention Systems and subsequent letter to City Council, date July 19, 2011 Department of Public Works Douglas S. Stack, P E. Director July 18, 2011 Mr. Jan Erik Jansson President Soil Retention Systems, Inc. 2501 State Street Carlsbad, CA 92008 Re: City of Tustin -Tustin Ranch Road Extension Phase 1 Project CIP Nos. 70100 & 70206 Response to Bid Protest Dear Mr. Jansson: The City of Tustin ("City") received your Protest of Bid Results dated July 13, 2011 and has reviewed the particulars therein. In your protest you request that the City find the apparent lowest bidder, Sandoval Pipeline, Inc. ("Sandoval"), non-responsive for its alleged failure to specify an approved wall system for Bid Items 48 and 49. In your protest you allege that the City specified the Verdura Retaining Wall system and that only bidders proposing to use this system can be deemed responsive. Further, by Sandoval's listing of Geogrid as a subcontractor, it cannot meet the required specifications and should be rejected. The City responds to your protest and allegations as follows. Contrary to your allegations, the City did not call out a particular MSE retaining wall system by specific brand or trade name in its specifications. What the City did was provide a performance based specification that spells out in detail what the MSE retaining wall that is to be provided by the successful bidder is to conform to. This is the same process that the City uses in all of its public works projects. The City sets forth a performance specification and allows contractors to meet that specification with whatever product it chooses to use. In this instance, if a bidder had chosen to provide a wall that did not meet those particular specifications, that bidder was required by the specifications to submit documentation to the City requesting said substitute. In this case, no bidder, including Sandoval, chose to submit a substitute. As such, Sandoval is required to provide a MSE retaining wall that conforms to the performance specifications listed in the bid. If, as in any public works project, a contractor attempts to provide a product, system or work that does not comply with the required specifications, that product, system, or work will be rejected until such a time as contractor meets compliance. If the contractor refuses to meet compliance, the City has numerous avenues to seek recovery including, but not limited to, its performance bond, termination, and/or a breach of contract action against the non-performing contractor. It is not proper for the City to assume, in advance of performance that a contractor is going to provide non-complaint work and find that contractor non-responsive. In this instance, if Sandoval attempts to provide a MSE retaining wall system that does not comply with the performance specifications, that system will be rejected and Sandoval will be required to provide a compliant system. However, until such a time as Sandoval submits its 300 Centennial Way, Tustin, CA 92780 • P: (7141 573.3150 • F: !7i4i 734-8991 • www.tutitinca org Mr. Jan Erik Jansson Tustin Ranch Road Extension Phase 1 July 18, 2011 Page 2 shop drawings or performs work that evidences non-compliance, they are deemed to be in agreement with providing contractually compliant work. You further allege that the listing of Geogrid as a subcontractor is evidence that Sandoval cannot provide a MSE retaining wall that meets the required specifications because, in your opinion, your are the only subcontractor that can provide a wall that meets the performance specifications. The City believes you are incorrect, in your assumption. This is a performance based specification and so long as the wall system that is constructed meets the required specifications, it will be deemed compliant. Until such time as shop drawings are submitted, there is no way to determine whether or not a wall system will meet the specifications. However, Sandoval, as the lowest bidder, assumes the responsibility of providing a compliant system and there is no evidence to suggest that they intend to do otherwise. In conclusion, the City finds no merit in your protest and hereby denies it based on the information listed above. Further, the City staff intends to move forward with recommendation to the City Council of award of this project to Sandoval as the lowest responsive bidder. Sincerely, I~en Nishikawa Tustin Legacy Development Services Manager SOIL RETENTION S Y S T E M S I N C. DATE: July 13, 2011 PROJECT # 0705024 TO: City of Tustin, Department of Public Works Attn: Mr. Ken Nishikawa 300 Centennial Way Tustin, CA 92780 Ph: 714-573-3150 SUBJECT: PROTEST OF BID RESULTS PROJECT: Tustin Ranch Road Extension Phase 1 from Walnut Avenue to Warner Avenue, Grading and Storm Drain Construction Project, Project CIP Nos. 70100 & 70206, City of Tustin, California Soil Retention Systems, Inc. protests the bid results for the above mentioned project. The apparent low bidder (Sandoval Pipeline) has listed a subcontractor for the MSE Retaining Wall construction (Bid Items #48 and #49) that did not provide a bid with an approved wall system. The apparent low bidder and his listed wall subcontractor have violated Item 1.3 in Section B of the bid specifications. Within Subsection A -Substitutions, the bid specifications state: "Only substitutions approved prior to bid date via addendum will be considered." Based upon Addenda 1 and 2 of the bid specifications, no alternative MSE wall systems where approved in relation to the specified MSE wall system (Verdure®Retaining Wall). The wall subcontractor (Geogrid) listed by Sandoval Pipeline has provided a proposal for a substitute retaining wall system (Keystone Retaining Wall). The Keystone Retaining Wall does not meet the minimum strength and quality requirements set forth in the bid document plans. This procedure is an unfair bidding practice to all prime bidders. Please feel free to contact the undersigned with any questions. Resp cttully submitted, Jan Erik Jansson President ~~~ Darien Osborne, PE Senior Project Engineer 2501 State Street • Carlsbad, CA 92008 • P: (760) 968-8090 • F: (780) 988-8099 • www.soilretention.com Contractor's License # 516900 'A' HEMA C. BMAMRE MICHAEL C. SCLI SELF Bc BF3AMRE ATTORNEYS AND COUNSELORS AT LAW 4400 MACH RTHUR BOVLE VAR D, SUITE 320 NEWPORT BEACH, CALIFORNIA 92660 (949) 955-0230 FAx (949) 955-0240 www.snblewnb.com July 19, 2011 Via Email Only Mayor Jerry Amante Mayor Pro Tem John Nielsen Councilmember Deborah Gavello Councilmember Rebecca Gomez ' Councilmember Al Murray 300 Centennial Way Tustin, CA 92780 CRAIG C. ALEXANDER OF COV NSEL C[ITTIII[D SICCIy Ib T. EST•T[ ~l•««I«G TAVST L V40e•TC LAW, T«[ ST•TC B•A or C•uro«rw Bo•wD Or uw~ SI[cuulzwno« IN REPLY' REFER TO: Re: Tustin Legacy DevelopmentJTustin Ranch Road Extension Phase 1 i Deaz Council: I This office is counsel to Soil Retention Systems, Inc., and this letter is in regards to the awarding the construction contract for the Tustin Ranch Road Extension Phase 1, ;set to be heazd at tonight's City Council meeting as Agenda Item No. 18. Based on my ' review of the Agenda Report, it appears that the Interim City Manager has recommended ' for approval and acceptance the bid submitted by Sandoval Pipeline Engineering, Inc. ("Sandoval"). However, the Agenda Report does not make mention of the Protest submitted by Griffith Company or my client, Soil Retention Systems, Inc. It is my client's position that Sandoval is not the "lowest responsive and responsible bidder" on the project. It is our understanding that the Sandoval bid has listed Geogrid Retaining Walls Systems, Inc. ("Geogrid"), a subcontractor for the Modular Concrete Retaining Wall A and B (Bid Items 48 and 49). Geogrid has bid a Keystone Wall System which does not comply with the Technical Specifications for the project. Instead, the Technical Specifications provide, in pertinent part, "[t]he current design for the wall is by Soil Retention Systems, Inc. The wall design is based on the specific geometry, block, geogrid reinforcement and backfill specifications shown on the plan." A true and correct copy of the Technical Specifications is attached hereto. Moreover, the City approved plans specifically call out the Verdura wall system and engineering calculations are based on the strength of the specific system. A true and correct copy of the General Notes (Plan Documents) relating to the wall is attached hereto. In response to the Bid Protest by Soil Retention Systems, Inc., Mr. Ken Nishikawa, Tustin Legacy Development Services Manager, stated that "[u]ntil such time as shop drawing are submitted, there is no way to determine whether or not a wall system I will meet the specifications." The substitution of wall systems by Sandoval should have i Mayor Jerry Amante i Mayor Pro Tem John Nielsen ~ Councilmember Deborah Gavello ~ Councilmember Rebecca Gomez ~ Councilmember Al Murray ~ Re: Tustin Legacy Development/Tustin Ranch Road Extension Phase 1_ July 19, 2011 Page 2 I been addressed prior to the bid date per the Bidder's Instructions. Clearly, this is an attempt to show favoritism to Sandoval and does not make the bidding system a level playing field. By substituting wall systems to construct the wall, Sandoval has obtained an unfair advantage over the other bidders on this project. Sandoval did not comply with the RFP instructions which required that any substitution be approved prior to bid date. Specifically, the RFP Instructions provide "[r]equest for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor during the bid period are considered requests for `substitutions.' Only substitutions approved prior to bid date via addendum will be considered. No substitutions will be considered after bid due date and Award of Contract." A true and correct copy of the Bidder Instructions is attached hereto. There was no addendum approving substitution of the material or product. Moreover, it appears that Sandoval, intent on not being a responsive bidder, ignored the requirements contained in the Technical Specifications at pg F-24. Specifically, the Technical Specifications provides the following: "Any substitute method for constructing this improvement, the Contractor shall furnish all civil engineering of wall face, slopes and earthwork, and Geotechnical review including, but not limited to, overall and surficial (sic) slope stability analysis, recommendations for the new design, and preparation of geotechnical report, as well as any City plan check fees for the processing of the revised plan and geotechnical report, all with no impact to the constructions schedule or limits of grading. Substitutions aze due as specified in Section B `Instruction to Bidders' [quoted above] of the Contract Specifications." Having failed to obtain the approval of the substitute method prior to the bid date, Sandoval is now anon-responsive bidder and his bid should be disregarded as such. "A basic rule of competitive bidding is that bids must conform to specifications, ? and that if a bid does not so conform, it may not be accepted." National Identification Systems, Inc., v. State Bd. Of Control (1992) 11 Ca1.App.4~' 1446, 1453. "A bid is responsive if it promises to do what the bidding instructions require. Usually, whether a bid is responsive can be determined from the face of the bid without outside investigation or information." MCM Const., Inc. v City & County of San Francisco (1998) 66 Ca1.App.4`s 359. Mayor Jerry Amante Mayor Pro Tem John Nielsen ~ Councilmember Deborah Gavello Councilmember Rebecca Gomez i' Councilmember Al Murray f Re: Tustin Legacy Development/Tustin Ranch Road Extension Phase 1 i July 19, 2011 Page 3 The language of the Contract Specifications is very clear and to reward Sandoval for ignoring those specifications would be unfair and give Sandoval an advantage over all other bidders who were responsive and complied with the specifications. If substitutions can be made despite the prohibition, then the other bidders have been prejudiced by not submitting bids with unapproved substitutions. Further, permitting Sandoval to submit its bid with substitutions directly affects the ability to make a proper bid comparison. The "waiver of an irregularity in a bid should be allowed only if it would not give the bidder an unfair advantage" in its bid. Valley Crest Landscape, Inc., v. City Council (1996) 41 Ca1.App.4`~ 1432, 1443. Based on the foregoing, Soil Retention Systems, Inc. respectfully request that the Council deem the Sandoval bid non-responsive and award the construction contract to the next lowest bidder who is responsive to thc Contract Specifications. truly yours, a amre cc with enclosures to: Douglas C. Holland, City Attorney William Huston, Interim City Manager Bidder's Instructions ' In the case of City contracts which involve Federal funds, the Contractor must be properly licensed at the time of award of the contract (Public Contract Code Sedbn 20103.5). A Contractor who is not property licensed will have his/her bid declared nonresponsive (Business and Professions Code Sectbn 7028.15(e)). Any bidder or Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disdplinary action by the Conhactor State License Board (Public Contrad Code Section 20103.5). Failure to comply with these license requirements may also result in a forfeiture of bidder's security. 8. References All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Listing of Subcontractors ! Bidders shall list in the btd proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contrador in an amount in excess of one- half of one percent (0.596) of the Contractor's total bid. 11. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examinatbn of the work site,. plans. spedflcatkxts and other contract documents, and by any other means as they may believe necessary, as to the actual physical condltbns, requirements and difflcugles under which the Work must be performed. No bidder shall at any fjme after submission of a proposal make any claim or assertion that there was any misunderstanding or lads of informatbn regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discxepandes in the plans, specifications, and other contract documents or should he/she be in doubt as to their meaning, he shall notify the AGENCY. A written addendum wiN be sent to aM bidders, should it be found necessary. The AGENCY will not be responsible for any other explanation or Interpretations of the proposed documents. The Contrador shah save harmless the City of Tustin from any bss or damages as a result of his/her Intentional failure to report any error, omission or conflicting procedure. 1T. Deadline for Request for Interpretation AN requests for interpretation must be received by 5:00 p.rn., June 23. 2011 or by noon of the tenth (10"7 calendar day preceding a bid date revised by addendum, whichever is later. 13. EgNiivalerrt Materiab 8 Substitutions Requests for the use of equNalents to those specified must be submitted to the AGENCY to accordance with the following: SUBSTITUT1ON9 A. Request for changes In produds, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor during the bid period are considered requests for "substitutions." Only substitutions approved prior to bid date via addendum wNl be considered. No substitutions will be considered after bid due date and Awari of Contrad. It is the sole responsibility of the successful bidder to prove to the AGENCY that such material is truly an equivalent. B-3 sueNnTT~ A. Submit three (3) copies of each request for substitution per Item 12, Deadline for Requests of Interpretation, in Instrudiorre to t3ldders. B. Identify the product, or instaltatbn method b be replaced in each request. Include related spedflcatbn section and drawing numbQrs...: Docbment compliance with requlremerns for substitutions, and the folbvNng ,k~formatbn, as appropriate: 1. Product data, inducting drawings and descriptions of products, fabrication and installation procedures. 2. Samples, where appHc~ble or requested. 3. A comparison of signiflcarrt qua8ties of the proposed substltution .with those speafled. 4. A Ilat of changes or modificatbns needed to other part of the Work and to construction performed by the AGENCY or other agencies, which will be necessary b acconunodate the proposed substitution. 5. A statement indicating the substitutlon's effect on the oonstniction schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overaN contract time. 8. Cost information, inducting a proposal of the net change, if any in the wntract sum. 7. Certiflc;atlon that the aubstitutkm Is equal to or better in every respect b that required by Contrail Doaiments, and that it wiN perform adequately in appl~ation indicated. Include Contracbrs waiver of rights to additional payment or time. that may be necessary because the substitutbn's failuro to perforn adequately. . The AGENCY wiU issue a written response at its dbcretton imdic~ting approval or disapproval of such request. It is the sole responsibility of the successful bidder b prove b the AGENCY that ' such a material is truly an equivalent/substitutbn. 14. hegal Responsibilities All proposals must bs submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or exprossly referred b herein or not. Any bidder submitting a proposal shall by such action thereby agree b each and aA of the terns, condiaons, provisions and requirements set forth, contemplated and refen-ed b in the Mans, Specifications and other contract documerns, and to full compNance ' therewith. Addltlonalty, any bidder submitting a proposal shah, by such actlon thereby, agree to pay at least the minimum prevailing per diem wages as provided in Sections 1773 and 1774, et. seq. of the labor code for each craft, dassiflcation or type of workers required as set forth by the . Director of Industrial Relatkx~s of the State of CalNomia. The AGENCY has obtained from the Director of Industrial Relatbns the general prevailing rate of per diem wages and the general prevaiing rate for legal holiday and overthne work fn the kxality in which the work is to be ',performed for each craft or type of work needed and a Dopy of the same is on file in the offke of the City Engineer. t3-4 General Notes TABLE 2 - VERDURA BLOCK PROPERTIES e IIuit 51se, Rail He , ia. mna .5183 8200 8. 163 8 200 Unit Siae, Ctoxn H t, in. 9. 2 11 280 lY Onlt Size, 1Pidth, in. mm 18 18 450 1 16 0 Dnit Size, th, in. mm 12 12 300 450 12 1P t, . ,IDs. 2 82 38 19 ) 2 Bntter ~ es from vettic 20 14 20 14 *Verdura Block Products are of Sole Proprietary Ownership of Soil Retention Products, Inc. Technical Specifications ' A 4-foot mock-up shag be constructed for approval by the City prior to the continuance of further I ; Bio-Swale Rods Waq constn~dion ;Spoils generated from installation of this artlde shah be removed by the Contractor and brought to ,the. project Local t3orr+ow/Dlsposal site and compacted in place, as discussed in the "Local BorrowlDlsposaf Seilbn of the Spedal Provisions. 1 ~ Me~ment - Measurement for this item of work shah be by the Linear Foot (horizontal plane). - FuN compensation for cordorming with the requirements of "B10.SWALE ROCK WALL," inducting, but not Nmited eo, providing aq labor, materials. tools, equipment, minor excavatbn and ~ grading, and inddeMals necessary, shah be considered inchided in the contract prke per linear Foot of this article, and no additional compensatbn shah be allowed. ~ ~ F-XXV DECOMPOSED ~3RANITE (MAINTENANCE TRAIL (Bid Item No. 46~ I Desaiotion -This item of work shah consist of construction of a Decomposed Grantee Maintenance Trail per the detaNs grid at the bcatlons shown on the approved plans. the Standard Spedikatkx~s, and the Technical Speclflcatbns. Materiab A sample of the Decomposed Granite, and Stabilizer, to be used on the Maintenance Trap shah be provided to the City at least 2 weeks prior to traN instaNation for approval. -Decomposed Granite Maintenance Trail (with StabiNzer) shag be Installed per the requirements of the stabgizer's manufacturer and the City Engineer. Subgrade shall be prepared In accordance with the "Earthwork" section of these Spedficatkx~s. A 4foot by 4foot mods-up shah be constructed for approval by the City prior to the continuance of further maintenance trap c~natructlon Spoils generated from instaNation of this artfde shag be removed by the Contrailor and brought to the project Local BorrowlDisposal site and compacted in place. as discussed in the "Local Bomow/Dlsposal" Section of the Spedai Provisions. M~~urement -Measurement for this item of work shall tie by the Square Foot. ~~~ - FuN compensation for conforming wNh the requirements of "DECOMPOSED GRANITE MAINTENANCE TRAIL," inducting, but not limited to, Providing ail labor, materials, Bois, equipment. and incidentab necessary. shall tie considered inducted h the contrail Square Foot prbe of this article, and no additbnal compensation shah be albwed. r F-XXVI MODULAR CONCRETE RETAINING WALL (Bid item Nos. 48 349) Descriotion -This itembf work shah consists of oonstrudion of Modular Concrete Retaining WaN per the approved plena, and these Tedmical Spedflcatfons. F-23 1 The current design for the waN is by ~oij;Retentlon Syaterng; `nc. The wall design is based on the specific geometry, block, geogrid reinforcement and baclcfiN speQiflcatbns shown on the plan. , . .. , ..._..,,,.~v, .. .~ ~ ... .. ~ c Any substitute method for constructlng this improvement, the C,pntractot~shaN famish all civil re- - engineering of waN face. slopes and earthwork. and Geoted~nical review including, but not ;~ limited to, overaN and surfidal sbpe stabiNty analysis, recommendatkxis for the new design, and .,~~~~,: ~~~ ~ ^ preparatbn of geotedmical report. as weN as arty City plan check fees for the processing of the ~~ revised plan and geotechnical report. all wRh no impact to the construction ad~edule or Nmits of l t?; ~ grading. Substitutions are due as specified in the Section B 'Instruction to Bkiders' of the Contract Speciflc;atlons. This item shah also include any and all data assodated with the purchase and fnstagation of the cable raN fendng shown on the project plans. Meast7r~iilnt - Ail~suremenf for this ~ fteit~ of~ wo~k~ sf~aN : be by tfie Square Foot of wall face (v~rtlcal' plbne) from top of, leveling course to-bp of w~Jl. -Full oompensatbn for oonformMg with the requirements of'MODULAR CONCRETE RETAINING WALL,' including, but not limited to, providing aN labor, materials, tools, equipment, and incidentals necessary, shag be considered inducted in the contract price per Square Foot of this article, and no additional compensatbn shag be allowed. F-XXVII FINAL EROSION AND SEDIAAENT CONTROL (Bid Rem Nos. SO through 81) gescriDtkm -This item of work shall consist of famishing and instaNing final erosion and sediment control devk~a in accordance wNft the approved plans and at the direction of the City. ~ -The Contrad~or may be directed by the City to InstaN final erosion and sediment control per the approved final erosion and sediment control plans. Upon completkm of contract work .or the. completion of instaNatbn of any called for utgity, and in accordance with the approved plans, Standard Spsdfk;atkxis, the California Stormwater (luality Association (CASQA) Construction BMP Handbook (latest edition), these Tedtnk~l Spedflcations, and at the direction of the City, the Contractor shah InstaN all required final erosion and sediment control devices per the approved final erosbn and sediment control plan. Upon flr~ acceptance of those required final erosion and sediment control devks3s (and the project storm dreln system) by the City and any other Govemirtg Agency. the Contractor wfN be ~, relieved of the responsibgity for maintaining these final erosion and sediment control devk~es. -Measurement for these items of work shall be as follows: 1. Gravel Bag Barrier -Each 2. Gravel Bag Chedtdam -Each 3. Vehicle Access Ramp -Each 4. Drain Pie and Riser -Each 5. Visqueen Spillway -Each B. HDPE Pipe -Linear Faot 7. Modified Drain Pipe and Riser -Each 8. StabNized Construction EntrancelExit -Each 9. Remove Plug and Join -Each F-24 ATTACHMENT 3 Response to Bid Protest -Griffith Company Department of Public Works Douglas S. Stack, P.E. Director July 18, 2011 Mr. Ryan J. Aukerman District Manager Griffith Company 3050 E. Birch Street Brea, CA 92821 Re: City of Tustin -Tustin Ranch Road Extension Phase 1 Project CIP Nos. 70100 8 70206 Response to Bid Protest Dear Mr. Aukerman: The City of Tustin ("City") received your bid protest dated July 15, 2011 and has reviewed the particulars therein. In your protest you request that the City find the apparent lowest bidder, Sandoval Pipeline, Inc. ("Sandoval"), non-responsive for (1) its alleged failure to be property licensed to perform Bid Item A3 (Management, Transportation 8 Disposal of Contaminated Materials Other Than Groundwater) and (2) its alleged failure to specify an approved wall system for Bid Items 48 and 49. In your protest you allege that by Sandoval's listing of Geogrid as a subcontractor, Sandoval has in some way admitted that it intends not to provide a MSE Retaining wall that is in compliance with the project specifications. The City responds to your protest and allegations as follows. First, in regards to the question of licensing, Section EH of the specifications includes the statement that, "[s]ubject to the approval of regulatory agencies, the intent of the project includes reuse of material excavated from the Special Construction Zone as engineered fill within the project where identified in the plans." Although contaminated soils to be disposed of offsite is not anticipated to be encountered, Bid Item A3 was included as an alternate with an assumed quantity of 1,000 tons. Sandoval's bid price for this item was $49,000, which is less than % of 1% of the total bid of $12,623,788. As such, Sandoval was not required to list this subcontractor and it is assumed that Sandoval will retain the services of a properly licensed subcontractor to perform the work. Second, in regards to the issue of the MSE retaining wall, contrary to your belief, the City did not call out a particular MSE wall system by specific brand or trade name in its specifications. What the City did was provide a performance based specification that spells out in detail what the MSE retaining wall that is to be provided by the successful bidder is to conform to. This is the same process that the City uses in all of its public works projects. The City sets forth a performance specification and allows contractors to meet that specification with whatever product it chooses to use. In this instance, if a bidder had chosen to provide a wall that did not meet those particular specifications, that bidder was required by the specifications to submit documentation to the City requesting said substitute. In this case, no bidder, including Sandoval, chose to submit a substitute. As such, Sandoval is required to provide a MSE retaining wall that conforms to the performance specifications listed in the bid. If, as in any public works project, a contractor attempts to provide a product, system or work that does not comply with the required specifications, that product, system, or work will be rejected until such 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3150 • F: (714) 734.8991 • www tustinca.org Mr. Ryan Aukerman Tustin Ranch Road Extension Phase 1 July 18, 2011 Page 2 a time as contractor meets compliance. If the contractor refuses to meet compliance, the City has numerous avenues to seek recovery including, but not limited to, its performance bond, termination, and/or a breach of contract action against the non-performing contractor. It is not proper for the City to assume, in advance of performance, that a contractor is going to provide non-complaint work and find that contractor non-responsive. In this instance, if Sandoval attempts to provide a MSE retaining wall system that does not comply with the performance specifications, that system will be rejected and Sandoval will be required to provide a compliant system. However, until such a time as Sandoval submits its shop drawings or performs work that evidences non-compliance, they are deemed to be in agreement with providing contractually compliant work. You further allege that the listing of Geogrid as a subcontractor is evidence that Sandoval cannot provide a MSE retaining wall that meets the required specifications because, in your opinion, the subcontractor you listed is the only subcontractor that can provide a wall that meets the performance specifications. The City believes you are incorrect, in your assumption. This is a performance based specification and so long as the wall system that is constructed meets the required spec cations, it will be deemed compliant. Until such time as shop drawings are submitted, there is no way to determine whether or not a wall system will meet the specifications. However, Sandoval, as the lowest bidder, assumes the responsibility of providing a compliant system and there is no evidence to suggest that they intend to do otherwise. In conclusion, the City finds no merit in your protest and hereby denies it based on the information listed above. Further, the City staff intends to move forward with recommendation to the City Council of award of this project to Sandoval as the lowest responsive bidder. Sincerely, /'~`'~- Ken Nishikawa Tustin Legacy Development Services Manager Corporate Office 3050E Birch Street Brea. CA 92921 [714J 9e4-ssoo Fax (714J 854.9754 Central District 1899 South Union Ave P O Box 70159 Bakera8eld. CA 93387- 0157 (881) 831-7331 Fax (891] 831.0113 Soutttem District 12200 Bloomfield Ave Santa Fe Spnngs, CA 90970 [592J 92e-11z9 Fax [562J 894-8970 Structures Division 3050 E Blrch Street Brea. CA 92821 p1q 994-5soo Fax (714) 854-9754 Heavy Dlvlsion 3050 E. Birch Street Brea, CA 82821 [714J 984-5500 Fax [714J 854-9754 Underground Dlvislon 3050E Birch Streel Brea, cA 92821 [714J 9845500 Fax [714) 854-9754 contractor License>'r88 ~v~tHthcomoanv.net i~' ~sl July 15, 2011 City of Tustin Department of Public Works 300 Centennial Way Tustin, CA 92780 Attn: Ken Nishikawa Tustin Legacy Development Service Manager Re: Tustin Ranch Road Extension Phase 1 GRIFFITH COMPANY p~~~~d~ J U L 1 5 2011 TUSTIN PUBLIC WORKS DEPT. It has come to our attention that the apparent low bidder, Sandoval Pipeline Engineering, Inc., has two (2) Incurable Defects with their bid on the above project. The first Defect is that Sandoval Pipeline Engineering, Inc. does not have the proper California State Contractors License classification to perform the work covered by bid Item Number A3, "Management, Transportation 8 Disposal of Contaminated Materials Other than Groundwater". None of his listed subcontractors are properly licensed to do the work either. Califomia Business and Professions Code section 7058.7(a) states," No contractor shall engage in a removal or remedial action, as defined in subdivision (d), unless the qualifier for the license has passed an approved hazardous substance cert~cation examination." Therefore Sandoval Pipeline Engineering, Inc. bid is non-responsive. The second Defect with Sandoval Pipeline Engineering, Ines bid submittal is that the listed subcontractor for the Modular Concrete Retaining Wall A and B, Bid Items 48 and 49, Geogrid Retaining Walls Systems, Inc., bid on an alternate wall manufacture and not the wall manufacturer specked as listed on page F-24 of the Technical Specifications. We feel that Sandoval Pipeline Engineering Inc. did not review the sub-bid received from Geogrid Retaining Walls Systems, Inc., and as such was not a responsible contractor. This is a public safety issue as an inferior design and manufacture will endanger those using the roadway. In order to modify the specifications as to design and manufacturer, a request for substitution must be requested. Section B of "The Instructions to Bidders", is very specific as to any substitutions. "Only substitutions approved prior to bid date via addendum will be considered. No substitutions will be considered after bid due date and Award of Contract." Neither addenda one or addenda two allowed a substitution for the Modular Concrete retaining Wall therefore the listed subcontractor must be Soil Retention Systems, Inc. Griffrth Company's listed subcontractor is Soil Retention Systems, Inc. The above are all that we can provide at this time as we have not been furnished with a copy of Sandoval Pipeline Engineering, Ines Bid Proposal. We verbally requested a copy of the proposal after the bids were opened and have not received a copy at this time. We again request that a copy be furnished so that we can determine if there are any other Defects. We maintain that these two Incurable Defects are enough to declare Sandoval Pipeline Engineering Ines bid as non-responsive and not considered for award. GRIFFITH COMPANY We are also worried that as Sandoval Pipeline Engineering Inc., did not correctly understand the specifications by not using the specified wall manufacturer, they could have not understood other unique items to this project spec cations and construction methods such as water proof concrete, the RCB exterior liner. accelerated construction schedule, dewatering and the Special Construction Zone requirements. Knowingly awarding to anon-responsive contractor with a flawed bid will put the City at risk as the contractor attempts to "cut corners" to offset their misunderstanding of the contrail requirements, and put the project at risk for not getting done on a timely basis. Respectfully, GRIFFIT Ryan J. Auke an i~ .ems District Manager Cc: T. Foss R. Pierce, Esq. J. Angus G. Gibson W. Grauten ATTACHMENT 4 Appendix X -Modular Concrete Retaining Wall APPENDIX X MODULAR CONCRETE RETAINING WALL PART 1: GENERAL 1.01 Description A. Work shall consist of furnishing and constructing a Modular Concrete Retaining Wall System in accordance with these specifications and in reasonably close conformity with the lines, grades, design, and dimensions shown on the plans. B. Work includes preparing foundation soil, fumishing and installing aggregate leveling pad and drainage material, plantable soil unit fill (where required) and backfill to the lines and grades shown on the construction drawings. C. Work includes fumishing and installing geosynthetic soil reinforcement of the type, size, location, strength and lengths designated on the construction drawings. D. Work includes fumishing and installing foundation drain (if required), sub-drain, and other wall related drainage systems that may be shown on the construction drawings. E. Wall system type shall be the same for both Walls A and B as shown on the construction drawings. 1.02 Related Sections A. Section 02200 -Site Preparation B. Section 02300 -Earthwork 1.03 Reference Documents A. American Society for Testing and Materials (ASTM) 1. ASTM C-1372 Specification for Segmental Retaining Wall Units 2. ASTM D-6913 Particle-Size Distribution (Gradation) of Soils 3. ASTM D-3080 Direct Shear Test of Soils -Consolidated Drained Conditions 4. ASTM D-1557 Laboratory Compaction Characteristics of Soil - Modified Proctor 5. ASTM D-4318 Liquid Limit, Plastic Limit and Plasticity Index of Soils 6, ASTM D-4595 Tensile Properties of Geotextiles -Wide Width Strip 7. ASTM D-5262 Unconfined Tension Creep Behavior of Geosynthetics 8. ASTM D-3034 Polyvinyl Chloride Pipe (PVC) 9. ASTM D-4829 Expansion Index of Soils 10. ASTM C 140 Std. Spec. for Sampling and Testing Concrete Masonry Units 11. ASTM C 90 Std. Spec. for Load Bearing Concrete Masonry Units B. Geosynthetic Research Institute (GRI) 1. GRI-GG4 Determination of Long Tem Design Strength of Geogrids 2. GRI-GT7 Determination of Long Tem Design Strength of Geotextiles 3. GRI-GG5 Determination of Geogrid (soil) Pullout C. National Concrete Masonry Association (NCMA) 1. NCMA SRWU-1 Test Method for Determining Connection Strength of SRW 2. NCMA SRWU-2 Test Method for Determining Shear Strength of SRW 3. "Design Manual for Segmental Retaining Walls, 2nd Edition," (1997) D. U.S. Department of Transportation -Federal Highway Administration 1. "Mechanically Stabilized Earth Walls and Reinforced Earth Slopes - Design & Construction Guidelines,° FHWA-NHI-00-043 E. ICC Evaluation Services (formerly International Conference of Building Officials (ICBO)) 1. ICC ES ER-5515 - Verdure and Candura Segmental Retaining Wall System or approved equivalent. 1.04 Submittals/Certiflcation A. Contractor shall submit a Manufacturer's certification, prior to start of work, that the retaining wall system components meet the requirements of this spec cation and the structural design plans. B. Contractor shall submit construction drawings and design calculations for the retaining wall system prepared and stamped by a Professional Engineer registered in the State of California. The engineering designs, techniques, and material evaluations shall be in accordance with the guidelines set forth by the Federal Highway Administration, or the AASHTO Standard Specifications for Highway Bridges. C. Contractor shall submit a test report documenting strength of specific modular concrete unit and geosynthetic reinforcement connection to concrete modular blocks. The maximum design tensile load of the geosynthetic shall be equal to the laboratory tested ultimate strength of geosynthetic-facing unit connection at a maximum normal force as is appropriate for the vertical location of reinforcement under consideration. The connection strength evaluation shall be performed in accordance with NCMA test method SRWU-1. D. Contractor shall submit a valid ICC ES Legacy Report for the Concrete Modular Retaining Wall System or any approved equivalent. E. Any alternate retaining wall system shall be pre-approved by the owner and engineers of record. 1.05 duality Aaaurance A. For any approved equal wall system, the contractor shall submit certification, prior to start of work, that the retaining wall system (modular concrete units and specific geosynthetic): has been successfully utilized on a minimum of five (5) similar projects that correspond in height, soil fill types, erection tolerances, etc.; and, has been successfully installed on a minimum of 1 million square feet (93,000 mZ) of retaining walls. B. Contractor shall submit a list of five (5) previously constructed projects of similar size and magnitude by the wall installer where the specific retaining wall system has been constructed successfully. Contact names and telephone numbers shall be listed for each project. The wall installer shall have previously installed a minimum of 1,000,000 million square feet (93,000 mZ) of retaining walls. C. Wall installer shall be pre-approved by the owner and engineers of record for the installation of the specific wall system. D. For any approved equal wall system, the contractor shall provide evidence that the design engineer has a minimum of five years of documentable experience in the design for reinforced soil structures. The design engineer shall provide proof of current professional liability insurance with an aggregate coverage limit of not less than $2,000,000. E. Owner shall provide soil testing and quality assurance inspection during earthwork and wall construction operations. Owner's quality assurance program does not relieve the contractor of responsibility for wall performance. 1.06 Delivery, Storage and Handling A. Contractor shall check all materials upon delivery to assure that the proper type, grade, color, and certification have been received. B. Contractor shall protect all materials from damage due to jobsite conditions and in accordance with manufacturer's recommendations. Damaged materials shall not be incorporated into the work. PART 2: PRODUCTS 2.01 Definitions A. Modular Unit - a concrete retaining wall element machine made from Portland cement, water, and aggregates. B. Geosynthetic (geogrid and/or geotextile) - a structural element formed by a regular network of woven or woven and coated tensile elements which, when embedded within the soil mass and connected to the modular concrete units, will develop friction and interlock with the surrounding soil, rock, or earth and function primarily as reinforcement. C. Unit Plantable Fill - plantable soil which is placed within and immediately behind the modular concrete units (Wall B only). D. Reinforced Backfill -compacted soil which is placed within the reinforced soil volume as outlined on the plans. E. GeosynthetiGConnector Pipe - Polymeric pipe (typically 1 inch (25 mm) diameter schedule 80 PVC) which is used to interlock and form a positive connection between the block and geosynthetic. F. Filter Fabric -Permeable non-woven geosynthetic material used to separate soil material from drainage aggregate to minimize potential for soil fines migration into and blockage of the drainage aggregate. F. Drainage Fill -Open graded rock allowing for free movement of water. 2.02 Modular Concrete Retaining Wall Units A. Modular concrete units shall conform to the following architectural requirements: Face Color - Buff/Tan -standard manufacturers' colors may be specified by the Owner. Face Finish -Standard, Elliptical concrete face, with angled profile permitting concave/convex curve installation. Face finishes may consist of smooth finish or exposed aggregate as specified by the Owner. Other face finishes will not be allowed without written approval of Owner. Bond Configuration -running with bonds nominally located at midpoint vertically adjacent units, in both straight and curved alignments. Exposed surfaces of units shall be free of chips, cracks or other imperfections when viewed from a distance of 10 feet (3 m) under diffused lighting. B. Modular concrete units shall conform to the requirements of ASTM C1372 - Standard Specifications for Segmental Retaining Wall Units, with the following addition: 1. Type V cement (or approved equal) shall be used for the modular concrete units C. Modular concrete units shall conform to the following structural and geometric requirements measured in accordance with Section 1.03 and other appropriate references: Compressive Strength = 4000 psi (27,600KPa) minimum at 28 days; Moisture Absorption = 6% maximum for standard weight aggregates; Dimensional Tolerances = t 1/8 inch (3 mm) from nominal unit dimensions (not including exposed aggregate face texture), t1/8 inch (3 mm) unit height -top and bottom planes; Unft Type 40 Unit Size, Rail Height, in (mm) 8 (200) Unit Size, Crown Height, in (mm) 11 (280) Unit Size, Width, in (mm) 18 (450) Unit Size, Depth, in (mm) 12 (300) Weight, (typical), Ibs (Kg) 82 (37) Inter-Unit Shear Strength - 3,500 plf (51.15KN/m) minimum at 2 psi (13.8KPa) normal pressure; Geosynthetic-Block Unit Peak Connection Strength - 3,800 plf (55.5 KN/m) minimum at 2 psi (13.8 KPa) normal force for geogrid. D. Modular concrete units shall conform to the following constructability requirements: Vertical setback =Vertical setback to meet requirements as shown on the construction drawings. Maximum horizontal planting distance between horizontally adjacent modular concrete units is 9 inches (230 mm). E. Modular concrete units (for Wall B) shall provide a minimum 30 percent plantable area which is uniformly distributed throughout the wall face with the ability to plant every modular block unit. Modular concrete units (for Wall B) shall contain a planter cell that provides an open cavity to the backfill soils for unobstructed root penetration. 2.03 Geosynthetic-Concrete Block Unit Connectors A. Connectors shall be 1 inch (2.5 cm) diameter or greater Schedule 80 pipe or equivalent and must be capable of providing positive mechanical interlock between geosynthetic soil reinforcement material and block. B. Connectors shall be capable of holding the geosynthetic soil reinforcement in the proper design position during geosynthetic pre-tensioning and backfilling procedures. C. Connectors shall provide a mechanical connection that does not point-load geosynthetic soil reinforcement through use of pins, clips, etc. and does not solely rely upon frictional forces generated from normal force 2.04 Base Leveling Pad Material A. Material shall consist of a Class II Permeable Material (or approved equal) as shown on the construction drawings. 2.05 Unit Fill A. Unit fill shall consist of plantable soils having sufficient nutrients to sustain plant growth (Wall B only). Unit fill shall conform to the mix characteristics as shown on the construction drawings, or as specified by the landscape architect. B. Wall A unit fill shall consist of Drainage Fill material as shown on the construction drawings. 2.06 Reinforced Backftll A. Reinforced backfill shall be free of debris and meet the following gradation tested in accordance with ASTM D-6913: Sieve Size Percent Passin4 4 inch (102 mm) 100 No. 40 (0.475 mm) 0-60 No. 200 (0.075 mm) 0-35 Plasticity Index (PI) < 6 per ASTM D4318. B. Reinforced backfill material shall be imported soils, unless site-excavated soils meet the above listed requirements. C. Contractor shall submit reinforced fill sample and laboratory test results to the Owner/Engineer of Record for approval prior to the use of any proposed reinforced fill material. D. Soil within 6 inches (15 cm) of a geogrid layer shall not contain particles larger than 4 inches (10 cm). 2.07 Geogrid Soil Reinforcement A. Geosynthetic reinforcement shall consist of geotextiles and/or geogrids manufactured specifically for soil reinforcement applications and shall be manufactured from high tenacity polyester yarn, polypropylene or high density polyethylene. Polyester geogrid shall be knitted from high tenacity polyester filament yam with a molecular weight exceeding 25,000 Meg/m and a carboxyl end group values less than 30. Polyester geogrid shall be coated with a material which is resistant to peeling, cracking, and stripping. B. Ta, Long Term Allowable Tensile Design Load, of the geogrid material shall be determined as follows: Ta = Tult / (RFcr'RFd'RFid'FS) Ta shall be evaluated based on a 75 year design life. 1. Tult, Short Term Ultimate Tensile Strength Tult is based on the minimum average roll values (MARS 2. RFcr, Reduction Factor for long Term Tension Creep RFcr shall be determined from 10,000 hour creep testing performed in accordance with ASTM D5262. A minimum reduction value of 1.60 shall be applied to creep (RFcr). 3. RFd, Reduction Factor for Durability RFd shall be determined from polymer specific durability testing covering the range of expected soil environments. RFd = 1.10 minimum. 4. RFid, Reduction Factor for Installation Damage RFid shall be determined from product specific construction damage testing performed in accordance with GRI-GG4. Test results shall be provided for each product to be used with project specific or more severe soil type. RFid = 1.10 minimum. 5. FS, Overall Design Factor of Safety FS shall be 1.5 unless otherwise noted for the maximum allowable working stress calculation. C. The maximum design tensile load of the geogrid shall not exceed the laboratory tested ultimate strength of the geogrid/facing unit connection divided by a factor of safety of 1.5. The connection strength testing and computation procedures shall be in accordance with NCMA SRWU-1 Test Method for Determining Connection Strength of SRW. D. Soil Interaction Coefficient, Ci Ci values shall be determined per GRI-GG5 at a maximum 0.75 inch (19 mm) displacement. E. Manufacturing Quality Control The geosynthetic soil reinforcement manufacturer shall have a manufacturing quality control program that includes QC testing by an independent laboratory. The QC testing shall include: Tensile Strength Testing Melt Flow Index (HDPE) Molecular Weight (Polyester) 2.08 Drainage Pipe A. Drainage pipe shall be 4-inch diameter perforated or slotted Schedule 40 (or approved equal) PVC pipe manufactured in accordance with ASTM D-3034 as shown on the construction drawings. 2.09 Filter Fabric A. Provide filter fabric consisting of Mirafi 140N (or approved equivalent) as shown on construction drawings or as directed by the Engineer of Record. 2.10 Drainage Fill Material A. Provide drainage fill material consisting of clean 1-inch (25 mm) crushed rock (or approved equivalent) as shown on construction drawings or as directed by the Engineer of Record. PART 3: EXECUTION 3.01 Surface Conditions A. Prior to work, carefully inspect previous grading work. Verify that all such work is complete to the point where this installation may properly commence. B. Verify that work of this section may be installed in strict accordance with the original design, all pertinent codes and regulations. C. Verify wall drainage system is coordinated with points of connection to storm drainage system or other proper drainage device. D. In the event of discrepancy, immediately notify the project coordinator. Do not proceed with installation until all such discrepancies have been resolved. 3.02 Layout A. Verify all staking and filed engineering required to implement the worts as shown on the drawings. B. Protect all stakes and benchmarks. Replace all stakes and benchmarks damaged during the course of construction at no cost to owner. C. Set grade stakes using instrument technology, at 50-foot (15.2 m) grid intervals at areas where gradients are less than 2 percent. Set grade stakes using instrument technology, at 25-foot intervals at areas where grades are greater than 2 percent. D. Hand trim excavations to required elevations. Correct over-excavation with fill materials approved by the geotechnical engineer of record. E. Remove large stones or other hard matter which would damage pipes or impede consistent backfilling or compaction. F. Provide all equipment of such type, function, and design as required to achieve specific values. Where necessary, provide rubber-tired and vibratory sheepsfoot compaction equipment. 3.03 Subsurface Drainage System Installation A. Excavate trenches for drainage piping shown on drawings. B. Lay filter fabric in bottom of excavation prior to placing filter material. Place minimum 4-inch (100 cm) thick bed of filter material over fabric. C. Install and join pipe and pipe fittings in accordance with manufacturers' instructions. Install drainage piping with perforations down. Apply solvent to pipe ends then join pipe ends. D. Lay pipe to slope gradients noted on drawings, with maximum variation from true slope of 1/8-inch (3.8 mm) in 10 feet (3.05 m). E. Backfill pipe using filter aggregate. F. Wrap filter fabric around filter material with a minimum overlap of 12 inches (0.3 m). G. Install backfill in accordance with the provisions of this section. Do not displace or damage pipe when compacting. H. Extend non-perforated piping to drainage piping as shown on drawings. Provide trenching, bedding, and backfill as required. 3.04 Excavation A. Contractor shall excavate to the lines and grades shown on the construction drawings. Owner's representative shall inspect the excavation and approve prior to placement of leveling material or fill soils. Proof roll foundation area as directed to determine if remedial work is required. B. Over-excavation and replacement of unsuitable foundation soils and replacement with approved compacted fill will be compensated as agreed upon with the Owner. 3.05 i3ase Leveling Pad A. Leveling pad material shall be placed to the lines and grades shown on the construction drawings, to a minimum thickness of 12 inches (30 cm) and extend laterally a minimum of 12 inches (30 cm) in front and behind the modular wall unit. B. Leveling pad materials shall be compacted to a minimum of 95% Modified Proctor density per ASTM D-1557 C. Leveling pad shall be prepared to insure full contact to the base surface of the concrete units. 3.06 Modular Unit Installation A. First course of units shall be placed on the foundation soils at the appropriate line and grade. Molded surface of modular units shall be used for alignment. Alignment and level shall be checked in all directions and insure that all units are in full contact with the base and properly seated. B. Units shall be placed on the foundation soils with a maximum distance of 9 inches (23 cm) between adjacent units. The spacing between units installed in curved regions (concave or convex) must be adjusted accordingly and such that the running bond layout is maintained. Vertically adjacent units shall be centered on units above and below. All block layout and placement shall be in accordance with manufacturers recommendations. C. Modular units shall be installed horizontally with respect to the profile wall alignment. D. Place and compact fill within and behind wall units. After unit fill is compacted, excess unit fill must be screeded (rod-boarded) off to develop a flat base upon which subsequent units can be positioned. Place and compact backfill soil behind units. Follow wall erection and unit fill closely with structure backfill. E. Maximum stacked vertical height of wall units, prior to unit fill and backfill placement and compaction, shall not exceed one course. 3.07 Geosynthetic Soil Reinforcement Installation A. Geosynthetic soil reinforcement shall be oriented with the highest strength axis perpendicular to the wall alignment. B. Geosynthetic soil reinforcement shall be placed at the strengths, lengths, and elevations shown on the construction design drawings or as directed by the Engineer. Where geosynthetic placement elevations vary from facing unit increments, geosynthetic elevations may be adjusted up or down by 4 inches (100 mm) maximum. C. The Geosynthetic soil reinforcement shall be laid horizontally on compacted backfill and attached to the modular wall units. A tolerance from face to tail of reinforcement of 6 inches (15 cm) in 10 feet (3 m) is acceptable relative to horizontal geosynthetic orientation. Place the next course of modular concrete units over the Geosynthetic soil reinforcement. The Geosynthetic soil reinforcement shall be pulled taut, and anchored (or lay flat without slack) prior to backfill placement on the Geosynthetic soil reinforcement. D. Geosynthetic soil reinforcement shall be continuous throughout the length of embedment. Spliced connections between shorter pieces of Geosynthetic soil reinforcement will not be permitted. 3.08 Reinforced Backfill Placement A. Reinforced backfill shall be placed, spread, and compacted in such a manner that minimizes the development of slack in the Geosynthetic soil reinforcement and installation damage. B. Reinforced backfill shall be placed and compacted in lift thicknesses not to exceed the "rail height" of the units being placed. Where heavy compaction equipment is used, compaction lift thicknesses of up to 8 inches (20 cm) may be employed. Lift thickness shall be decreased to achieve the required density as required. C. Reinforced backfitl shall be compacted to 90°k of the maximum density as determined by ASTM D1557. The moisture content of the backfill material prior to and during compaction shall be uniformly distributed throughout each layer and shall be within +/- 2°r6 of optimum moisture content, or as directed by Engineer. D. Only lightweight hand-operated equipment shall be allowed within 1 foot (0.3 m) from the back of the modular concrete unit. E. Tracked construction equipment shall not be operated directly upon the Geosynthetic soil reinforcement. A minimum fill thickness of 6 inches (15 cm) is required prior to operation of tracked vehicles over the Geosynthetic soil reinforcement. Tracked vehicle turning should be kept to a minimum to prevent tracks from displacing the fill and damaging the Geosynthetic soil reinforcement. F. Rubber tired equipment may pass over Geosynthetic soil reinforcement at slow speeds, less than 10 MPH (16 KPH). Sudden braking and sharp turning shall be avoided. G. At the end of each day's operation, the Contractor shall slope the last lift of reinforced backfill away from the wall units to direct runoff away from wall face. The Contractor shall not allow surface runoff from adjacent areas to enter the wall construction site. H. Care should be taken during excavation for and construction the V-ditch (if necessary) and all other types of wall structure not to damage the upper geogrid layers. If the geogrid layers are damaged, they may need to be properly replaced. 3.09 Erosion Control A Provide dust and erosion control protection plan in accordance with the contract documents. 3.10 As-built Construction Tolerances A. Vertical alignment: t 1.5 inch (37 mm) over any 10 ft (3 m) distance. B. Wall Batter: within 2 degrees of design batter. C. Horizontal alignment: t 1.5 inches (37 mm) over any 10 ft (3 m) distance. D. Corners, bends, curves: t 1 ft (0.3 m) to theoretical location. E. Maximum horizontal gap between erected units shall be 9 inches (23 cm). 3.11 Field Quality Control A. The Gwner shall engage inspection and testing services, including independent laboratories, to provide quality assurance and testing services during construction. This does not relieve the Contractor from securing the necessary construction control testing during construction. B. qualified and experienced technicians and engineers shall perform testing and inspections services. C. As a minimum, quality assurance testing should include foundation soil inspection, soil and backfill testing, verification of design parameters, and observation of construction for general compliance with design drawings and specifications. D. Field inspection and testing shall be performed by the geotechnicat engineer of record. 3.12 Speciallnspectlons A. Special inspections during installation must be performed in accordance with Section 1704 of the CBC. The special inspector must be qualified by the building official in accordance with Section 1704 of the CBC. The inspectors responsibilities include verifying the following as described previously: 1. Foundation preparation. 2. Unit placement, including alignment and inclination. 3. Geosynthetic reinforcement length, strength, and placement with respect to elevation and orientation. 4. Verification of backfill soil structural properties 5. Backfill placement and compaction. PART 4: MEASUREMENT AND PAYMENT 4.01 Measurement A. Contract quantities to be verified via field measurement. 4.02 Payment A. Per contract documents. ATTACHMENT S Project Bid Key Map ~~ r` , ,,, Q -~~~'y =~- ~ O ~ ~_`- C ~~ - ~~ , o ~ ~. y 2 f Q 2 . 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