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07 AWARD CONTRACT FOR TUSTIN LEGACY LINEAR PARK SEMENT 3 &4
AGENDA REPORT n 'T� MEETING DATE: DECEMBER 18, 2018 TO: JEFFREY C. PARKER, CITY MANAGER Agenda Item Reviewed: City Manager Finance Director FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: AWARD CONTRACT FOR THE TUSTIN LEGACY LINEAR PARK SEGMENTS 3 & 4 IMPROVEMENTS, CIP NO. 20077 CONSTRUCTION PROJECT SUMMARY Staff is recommending that the City Council award the construction contract for the Tustin Legacy Linear Park Segments 3 & 4 Improvements Construction Project, CIP No. 20077, to the lowest responsive / responsible bidder, Marina Landscape, Inc. RECOMMENDATION It is recommended that the City Council: 1. Deny the bid protest submitted by Klassic Engineering & Construction, Inc.; 2. Award the construction contract for the Tustin Legacy Linear Park Segment 3 & 4 Improvements Construction Project, CIP No. 20077, to the lowest responsive/responsible bidder, Marina Landscape, Inc. in the amount of $ 4,563,290.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3. Appropriate $400,000 from MCAS Backbone Infrastructure Fees (Fund 187). FISCAL IMPACT The project is funded through MCAS Backbone Infrastructure Fees (Fund 187). $4,900,000 has been budgeted and appropriated in this Fiscal Year 2018-2019 Capital Improvement Program for the Tustin Legacy Linear Park Segments 3 & 4 Improvements Construction Project, CIP No. 20077. Staff is recommending an appropriation of $400,000 from the MCAS Backbone Infrastructure Fees (Fund 187) to cover construction contingency for potential unforeseen conditions that may arise necessary to complete the work. Project estimated expenditures include: • Construction Contract ........................................ • Geotechnical Engineering and Materials Testing • Construction Management and Inspection ........ • Estimated Construction Engineering .................. • Contingency...................................................... • Total Estimated Expenditures ............................ ........................ $ 4,563,290 ............. I.......... $ 100,000 ........................ $ 150,000 ........................ $ 50,000 ........................ $ 436,710 ........................ $ 5,300,000 7 Award Contract for Linear Park Improvements Segments 3 & 4 Project December 18, 2018 Page 2 CORRELATION TO THE STRATEGIC PLAN The Tustin Legacy Linear Park Improvements contribute to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood Development. Specifically, the project implementation of Strategy 1, which among other items, is to develop critical phases of Tustin Legacy. DISCUSSION AND BACKGROUND The City Council adopted Resolution No. 16-07 approving the plans and specifications and authorized and directed the City Clerk to advertise for Project bids on February 16, 2016. Segments 1 and 2 of the linear around the detention basin was completed and accepted on February 6, 2018. Segments 3 and 4 of the linear park from the detention basin to Armstrong Avenue including the parking area consists of construction of trails, landscape improvements, parking lot construction and restroom building installation. The Project was advertised and the bids were opened on September 25, 2018 and evaluated. The City Council on October 16, 2018, rejected all bids received on the Project and directed the City Clerk to return all bid bonds and re -advertise for bids. The project was subsequently advertised and the formal bids were opened on November 27, 2018 and evaluated. Seventeen (17) bids were received, of which, fifteen (15) bids were received by the noticed deadline and are summarized as follows: • Marina Landscape, Inc............................................................ $ 4,563,290.00 • RAL Investment Corp. dba Silverstrand Construction ...........$186,976,606.78 (*) • Klassic Engineering & Construction, Inc ..................................$ 4,597,252.34 (*) • Access Pacific, Inc.................................................................. $ 4,651,965.92 • Archico Design Build, Inc .........................................................$ 4,699,911.04 (*) • Horizons Construction Co. Int'I, Inc ...........................................$ 4,717,107.55 (*) • Optima RPM, Inc.....................................................................$ 4,729,998.20 (*) • Act 1 Construction, Inc............................................................$ 4,747,522.96 (*) • Byron -Davey, Inc..................................................................... $ 4,748,046.00 • Aramexx Construction............................................................. $ 4,777,213.00 • YAKAR.................................................................................... $ 4, 902, 236.50 (*) • KASA Construction, Inc........................................................... $ 5,019,075.00 • Landscape Support Services ...................................................$ 5,601,023.81 (*) • PCN3, Inc................................................................................$ 5,708,555.80 (*) • BRT Construction, Inc............................................................. $ 6,467,024.70 (*) Corrected total bid amount based upon correctly multiplying the number of units by the unit price bid. At the time of bid opening, the RAL Investment Corp. dba Silverstrand Construction bid total amount of $ 4,426,628.00 appeared to be the low bidder and Klassic Engineering & Construction, Inc. bid total amount of $ 4,483,886.00 appeared as second lowest bidder. After further review of each individual contractor bid documents, bid item discrepancies were discovered on the RAL Investment Corp. dba Silverstrand Construction bid item no. 46, and numerous bid item total and total price for all bid items were discovered on Klassic Engineering & Construction, Inc. After applying the procedure in the bid proposal documents for the basis to determine low bid, Marina Landscape, Inc. became the low bidder. No bid item discrepancies were discovered in the Marina Landscape, Inc. bid amount. The City received emailed bid protest dated December 5, 2018 from Klassic Engineering & Construction, Inc. stating that the City incorrectly determined the amount shown on the bid proposal bid item nos. 39 and 88. City staff, along with the City Attorney's office, finds no merit to Klassic Engineering & Construction's protest. The bid protest Award Contract for Linear Park Improvements Segments 3 & 4 Project December 18, 2018 Page 3 and the formal response from the City have been included as attachments to this report. Moreover, Klassic Engineering and Construction bid protest was not timely. Pursuant to Section B — Instructions to Bidders item number 20: To be considered timely, a bid protest must be filed within the following time limits: A. Protest based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. B. All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. Staff has reviewed the references and verified the State Contractor's License for Marina Landscape, Inc. and has determined that they are in good standing and current. It is recommended that the City Council deny the bid protest by Klassic Engineering & Construction, Inc., award the construction contract to the lowest responsive/responsible bidder, Marina Landscape, Inc. and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City and appropriate the necessary funds. Dou as . Stack, P.E. Dir c o of Public Works/City Engineer Attachment(s): 1. City response to bid protest 2. Klassic Engineering & Construction, Inc. bid protest email, dated December 5, 2018 3. Location Map ATTACHMENT 1 City Response to Bid Protest Del ~ Public. ' Works "°r1. Of :Ind �A, .'02868 Projoct,,CIPNO. 1007,71, Old Protest _ Crr�� Y OF TUSTIN .Ken Nlishlk.aWa ' _- _`Cmtomqjal Way, _- . - ' � _ -_-_ -_ — — F_ �_'734-809,f a ._._~ ^ __ rl (Domestic Mail Only; No Insurance Coverage Provided) I�� 4 u^�� ' Ill C3 ru. C3 • , ,��t11N.Y FYW ae Iuxe OW F.* "14) I*Hm Q M1E4Ki{�i-ii� (M gr��, -, rq ca r -i to Tot.l Pag a ti rW fIJ r„ to c ssic..... �. & t�c��n�� �.. �.��% . �k;�•x��.3.. �-- M wW* 250 S. Tustin St. � '�x .•�Mw�.r'.xa aw•r .rMaxwww'•.+i.w.ws.A� M �uwcea+.ewwaw Orange. CA 92866.- SENDER. COMPLETE THIS SECTION CO 7PLEFf THI.S.)ECTIONONDFilVE-UY a Complete.items 1"2, -,and 1 Also Corrfplete -: A Received by fPfe Pnnf=Ctearfy) _ s Date. of DeNvary = item 4 if Restricted Delivery is desired, ■ fPftY0ur name and address on the reverse D so that we can return the Card to'you. Atr ■ Attach'this card to- the back of the mailPiece, X or on .the :front if space permits. 1.' Article Addressed to: D. Is y*Y addre s diftot. fromAwri 1? D Yes ❑'No If YES, enter delivery address below. Kelvan Shirali Klissic Eng, 6 Const., Inc. 25 S. Tustin St, Orange, -CA 92866: $. 5ervide Type. f9�Certified Mail ❑ Express Mail ❑ ftlstered Retuin fiecx ipt for Merchandise ❑ Insured Mail, ❑ C.O.D. - b, Restricted Delivery? (Fxb;R Fee) ❑ Yes 2. Article Number (Copy from servk fabefj _ _�.«__ N, 7-008 2,810 11001 8, 25 3771 PS Form 3811. ,July 1999 Domestic Retum Recrelpt to2sss ab Mz ATTACHMENT 2 Klassic Engineering & Construction, Inc. Bid Protest Email, Dated December 5, 2018 DangmUbunao. Hy' dram. Klass c Engineering S;k�as pans. g,m',Oj..cQm> Sent Wmdnesd#y6cerftberli I'S q PAh Opeh' Vnary - rCIP N 0,0 Re: Bid opening Sum Report o.,� 77 Bid) .Ke van Shirali Ktassic EngineeringandConstruction Inc. 250 S Tustin Ave. is (714)4694389 f :. (714)6614464 .On'Tue,,. Dec 4 _ Hy <jHga 2018at 11: 17 AM Dang-Libuhao, _ng,-Libuna_o,-a wrote. Good Morniqg All — bid tabulations attached. Frow; N dent:. Tues To 'Jorge 'Michael 'estimating <hlLds@ rc 'en o rna Good Afternoari A11:' 2018 1.2:42 P.M. cng.o(&marinaco com> urnmary Report - CIP No. 20077 (Re -Bid) Perur, yorequests_ to teceive this infarrrratic (Re -Bid). Offrcal bid tabutati©ns to fol,10 tiane� z: it ATTACHMENT 3 Location Map LOCATION MAP Tustin Legacy Linear Park Segment 3 & 4 Improvement Construction Project r � I � RMCH R �r r � t TusnN LEowcr �r NO SCALE �c9 PROJECT LOCATION Tustin Legacy Linear Park GF Segment 3 & 4 Improvements �`� PROJECT Construction, aP No. Zoon �o LOCATION 0 Q 9,9 FILE Tustin legacy Unew Pak Segment 3 4.dwg