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Home My WebLink About06 AWARD OF CONTRACT FOR THE CONSTRUCTION OF TUSTIN SPORTS PARK TURF RENOVATION FIELD 3Docusign Envelope ID: 78C8468B-4294-4673-A5E3-DDB71DE1A2D0 • Agenda Item 6� AGENDA REPORT Reviewed: a`V� City Manager Finance Director MEETING DATE: JULY 15, 2025 TO: ALDO E. SCHINDLER, CITY MANAGER FROM: CHAD W. CLANTON, DIRECTOR, PARKS AND RECREATION SERVICES SUBJECT: AWARD OF CONTRACT FOR THE CONSTRUCTION OF TUSTIN SPORTS PARK TURF RENOVATION FIELD #3 SUMMARY: Staff is requesting City Council consent to the withdrawal of the bid of the lowest responsive/responsible bidder; and award a construction contract to the next lowest responsive/responsible bidder for the Tustin Sports Park Turf Renovation Field #3. RECOMMENDATION: It is recommended that the City Council: 1. Consent to the withdrawal of the bid of the lowest responsive/responsible bidder, Empire Design & Build; and 2. Award the construction contract to Elegant Construction, Inc., the next lowest responsive/responsible bidder, in the amount of $433,975.25, for the Tustin Sports Park Renovation Field #3 project and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3. Authorize the remaining project budgeted appropriation in excess often percent (10%) above the contract amount as additional contingency for potential unforeseen conditions. FISCAL IMPACT: The FY 2025/2026 Capital Improvement Program budget includes an appropriation of $664,079 allocated from the Park Development Fund for the construction of the project. Docusign Envelope ID: 78C8468B-4294-4673-A5E3-DDB71DE1A21D0 City Council Agenda Report Sports Park Turf Renovation July 15, 2025 Page 2 Project expenditures include: • Construction Contract...........................................................$433,975.25 • Deputy Inspection and Materials Testing....................................$5,4675.00 • Estimated Expenditures......................................................$439,450.25 CORRELATION TO THE STRATEGIC PLAN: Tustin Sports Park Turf Renovation Field #3 contributes to the fulfillment of the City's Strategic Plan Goal B: Public Safety and Protection of Assets, Strategy 5; Create and implement a plan to protect the City's public assets. Specifically, the project implements Strategy 5a, which among other items, is for the improvement of public facilities. BACKGROUND AND DISCUSSION: Opened in 1996, Tustin Sports Park (12850 Robinson Drive) includes three ballfields that are original to the park's construction. These fields all see consistent use, primarily by the city's adult softball leagues as well as various youth baseball and softball organizations. Currently, the natural turf outfields of these ballfields are rough and uneven, which significantly affects their playability, with Field #3 in the most need of attention. The Community Services Commission has identified this project as next in line on their Seven - Year CIP Priority List. The renovation of the Tustin Sports Park Field #3 outfield area will include regrading, replacing existing turf and irrigation, enhancing drainage and addressing poor soil conditions. These improvements will help improve the safety and long-term viability of the natural turf. Similar improvements for Tustin Sports Park Fields #1 and #2 are planned for successive budget years. Formal bids were opened on June 3, 2025. Six bids were received and are summarized as follows: • Empire Design & Build............................................................... $ 346,030.37 • Elegant Construction, Inc . ........................................................ $ 433,975.25 • KASA Construction, Inc............................................................. $ 445,662.35 • Armstrong Cal Builders, Inc ....................................................... $ 478,391.65 • Green Giant Landscape, Inc ...................................................... $ 482,424.30 • Landscape Development, Inc .................................................... $ 540,267.08 Docusign Envelope ID: 78C8468B-4294-4673-A5E3-DDB71DE1A2D0 City Council Agenda Report Sports Park Turf Renovation July 15, 2025 Page 3 On June 4, 2025, Empire Design & Build formally requested the withdrawal of their bid submitted on June 3, 2025, citing internal considerations as the reason for the requested withdrawal. Public Contract Code section 5101(a) provides that a bidder shall not be relieved of their bid unless by consent of the award authority. Bidders may also, under certain circumstances, be relieved of their bid due to a mistake in their bid. However, Empire Design & Build has not asserted that they made a mistake in their bid. The City could refuse to consent to Empire Design & Build's requested withdrawal of its bid, proceed to award the contract to Empire Design & Build, and, if Empire Design & Build refuses to enter into the contract, seek to recover on the bid bond submitted by Empire Design & Build (10% of the bid amount). However, Staff recommends consenting to the requested withdrawal and awarding the contract to the next lowest responsive/ responsible bidder as Staff believes that entering into a contract with a willing bidder, without delay, would allow the City to more efficiently move this project forward. Further, irregularities in the bid bond submitted by Empire Design & Build could potentially complicate any recovery on the bond. Accordingly, Staff recommends that the City Council consent to the requested withdrawal of Empire Design & Build's bid and award the contract to the next lowest responsive/responsible bidder, Elegant Construction, Inc. Staff has reviewed the references, the State Contractor's State License, and registration with the Department of Industrial Relations and has determined Elegant Construction, Inc., meets the City's requirements and are appropriate for the subject project. ESigned by: 4� w. 0AVLf6V,, �ASE41 E0391941 C... Chad W. Clanton Director, Parks and Recreation Services Attachment: 1. Location Map ■ 1► . A s Docusign Envelope ID: 78C8468B-4294-4673-A5E3-DDB71DE1A2D0 # " 4W �* U LL 'CD ti N a z•; O ,a N LL M m a7 a O m arm _ N .r > W 1 Nor1' L f F ��'�T O ■� } � is IA --` • `yam " sow- i i z� _—