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CC - Item 3D - Rosemead Park Basketball Court Improvement Project Award of ContractROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY C UNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: FEBRUARY 11. 2014 SUBJECT: ROSEMEAD PARK BASKETBALL COURT IMPROVEMENT PROJECT - AWARD OF CONTRACT SUMMARY As a part of the City's Fiscal Year 2013 -14 Capital Improvement Program, the City Council approved the "Rosemead Park Improvements Project." The project identifies several elements of Rosemead Park that need improvement, including playground equipment, the north parking lot, court lighting, and the basketball courts. At this time, bids have been solicited to improve the basketball courts, which are a popular park amenity for the community. The existing court surface is in dire need of replacement, with portions of the concrete surface that are cracked and uneven. In addition to replacing the basketball court, the project will include the replacement of basketball hoops and the creation of a seat wall on the east side of the courts in order to create a spectator friendly seating area. Funding for this project is provided through bond proceeds from the former Redevelopment Agency. Staff Recommendation It is recommended that the City Council: 1. Approve the plans and specifications for the Rosemead Park Improvements Project — Basketball Courts; and, 2. Authorize the City Manager to enter into a contract with PK Construction in the amount of $117,227.50. In addition, authorize an amount of $17,585.00 (approximately 15 %) as a contingency to cover the cost of unforeseen construction expenses. DISCUSSION Rosemead Park is a community park in the northern section of the City that is approximately 18 acres in size. The park includes several popular amenities including a pedestrian walking /jogging trail, the Rosemead Aquatic Center, playground facilities, basketball courts, and turf areas. The basketball courts, which feature three courts and six basketball standards, are very popular and heavily utilized elements of the park. APPROVED FOR CITY COUNCIL AGENDA: ITEM NO. City Council Meeting February 11, 2014 Page 2 of 3 The existing basketball court surface is in significant need of replacement due to cracks and water damage, which create a significant safety hazard for park users. As part of this project, these basketball courts will be completely renovated with the installation of a new concrete court surface, six new basketball standards, and the construction of a terraced seat wall on the east side of the basketball courts. A Notice Inviting Bids for this project was published in local newspapers and trade publications on January 9 th and 16 h , 2014. Sealed bids were received in the Office of the City Clerk until 10:30 a.m. on Wednesday, January 22, 2014. At 11:00 a.m. on May 22, 2013, the City Clerk publicly opened and read eight (8) sealed bids with the following result: Rank Bidder Location Bid Amount 1 PK Construction Altadena, CA $ 117,227.50 2 Malibu Pacific Tennis Courts, Inc. Westlake Village, CA $ 119,575.00 3 CEM Construction, Corp. Downey, CA $ 119,700.00 4 Unlimited Engineering Simi Valley, CA $ 139,900.00 Contracting, Inc. 5 Geronimo Concrete, Inc. Los Angeles, CA $ 144,472.40 6 C.S. Legacy Construction, Inc. Chino, CA $ 145,092.00 7 15t California Construction, Inc. Arcadia, CA $ 176,440.00 8 E.C. Construction Co. South El Monte, CA $ 203,675.77 Staff has reviewed the bid documents for completeness and investigated the contractor's background and recent projects for competency. Staff believes that PK Construction is the lowest responsive bidder and is qualified to complete the work as specified for this project. PK Construction has previously completed projects for other public agencies, including the City of Pasadena and the California Department of Transportation (Caltrans). A bid protest letter was received from the 2 nd low bidder, Malibu Pacific Tennis Courts, Inc. (Malibu) regarding the low bid provided by PK Construction. In the letter, Malibu asserts that the low bidder failed to provide bid documentation from its Board of Directors indicating an agent that is authorized to sign bid documents. After reviewing this protest letter, staff determined that PK Construction is a sole proprietorship and that its owner /principal signed all bid documentation. The attached response letter (Attachment D) was mailed to Malibu on February 4, 2014 rejecting the protest based on these grounds. FINANCIAL REVIEW This project was included in the Fiscal Year 2013 -14 Capital Improvement Program. The budget for this project is $280,000 and is funded entirely through bond proceeds from the former Redevelopment Agency. City Council Meeting February 11, 2014 Paqe 3 of 3 ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (C) of the CEQA Implementing Guidelines. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: Rafael Fajardo Associate Civil Engineer Submitted By: Chris Marcarello Director of Public Works Attachments: Prepared By: ullivan Management Analyst A. Plans and Specifications (Available in the City Clerk's Office) B. Bid Analysis C. Protest Letter of Malibu Pacific Tennis Courts, Inc. D. Response Letter to Protest Letter of Malibu Pacific Tennis Courts, Inc. PUBLIC WORKS SERVICE DEPARTMENT/ENGINEERING DIVISION 021042014 CITY OF ROSEMEAD ROSEMEAD PARK BASKETBALL COURTS BID ANALYSIS PROPOSALS RECEIVED JANUARY 22.2014 PK CONSTRUCTION Base Bid Pdce #1 nw 1 2 3 CLEARING AND GRUBBING DI SPOSAL OF WASTE M ATERIALS REMOVE, DISPOSE EXISTING AND CONSTRUCT 4" nick CMB 95% RELATIVE COMPACTION OVER 90% NATIVE AS INDICATED ON PLANS AND SPECIFICATIONS COMPLETE 1 LS $ 3,0_00.00 _$_ 3,0 00.00 $ 1,500.00 $ 8,625.00 1 LS _ $ 1,5 00.00 345 TONS $ 25.00 4 CONSTRUCT*" THICK PCC BASKETBALL COURT (3250 PSI) 11,850 2,000 SF $ 4.65 $ 55,102.50 _ 5 6 CONSTRUCT 4" THICK COLORED CONCRETE WITH LITHOCHROME COLORHARDENER ON TOP PER LM SCOFIELD COMPANY SF_ $ 9.00 $ 80.00 $ 18,0 00.00 CONSTRUCT CONCRETE SEAT WALL, INCLUDING GRADIN, CONCRETE STAIRS, WEEP HOLES, AND MISCELLANEOUS 200 _ LF $ 18,000.00 7 INSTALL BASKETBALL COURT POLE AND BACKBOARD PER MANUFACTURE SPECIFICATIONS, CITY TO FURNISH EQUIPMENT 6 EA $ 750.00 $ 4,500.00 8 INSTALLBASKETB COURT STRIPING AS INDICATED TOTAL BASE BID PRICE 1 LS $ 8,500.00 $ 8,500.00 $ 3,000.00 $ 3,000.00 TOTAL BASE BID PRICE $ 117,227.50 MALIBU PACIFIC TENNIS COURTS, INC. Base Bid P rice M2 CEM CONSTRUCTION CORP Base Bid Price M3 1 CLEARING AND GRUBBING DISPOSALOFWASTE MATERIALS REMOVE, DISPOSE EXISTING AND CONSTRUCT 4" nick CMB 95% RELATIVE COMPACTION OVER 90% NATIVE AS INDICATED ON PLANS AND SPECIFICATIONS COMPLETE 1 1 345 LS $ 15,000.00 $ 15,000.00 2 LS TONS $ 3,000.00 $ 3,000.00 3 $ 20.00 $ 6,900.00 4 CONSTRUCT 4" THICK PCC BASKETBALL COURT (3250 PSI) 11,850 SF $ 5.50 $ 8 5 CONSTRUCT 4" THICK COLORED CONCRETE WITH LITHOCHROME COLORHARD ON TOP PER LM SCOFIELD COMPANY 2,000 SF $ 6.00 $ 12,000.00 6 CONSTRUCT CONCRETE SEAT WALL, INCLUDING GRADIN, CONCRETE STAIRS, WEEP HOLES, AND MISCELLANEOUS 200 LF $ _ 5 $ 750.00 $ 10,00 0.00 $ 4,500.00 7 INSTALL BASKETBALL COURT POLE AND BACKBOARD PER MANUFACTURER SPECIFICATIONS, CITY TO FURNISH EQUIPMENT 6 EA 8 INSTALLBASKETBALL COURT STRIPING AS INDICATED 1 LS $ 3,000.00 $ 3,000.00 TOTAL BASE BID PRICE TOTAL BASE BID PRICE I I 1 1 $ 119,675.00 CEM CONSTRUCTION CORP Base Bid Price M3 PAGE 1 1 CLEARING AND GRUBBING 1 LS $ 1,500.00 $ 1,500.00 2 DISP OSAL OF WASTE MATERIALS REMOVE, DISPOSE EXISTING AND CONSTRUCT 4" Thick CMB 95% RELATIVE COMPACTION OVER 90% NATIVE AS INDICATED ON PLANS AND SPECIFICATIONS COMPLETE 1 345 LS TONS $ 5,000.00 $ 5,000.00 3 $ 60.00 $ 20,700.00 4 CONSTRUCT*" THICK PCC BASKETBALL COURT (3250 PSI) 11,850 SF $ 4.00 $ 47,400.00 _ 5 6 CONSTRUCT 4" THICK COLORED CONCRETE WITH LITHOCHROME COLORHARDENER ON TOP PER LM SCOFIELD COMPANY CONSTRUCT CONCRETE SEAT WALL, INCLUDING GRADIN, CONCRETE STAIRS, WEEP HOLES, AND MISCELLANEOUS 2,000 200 SF $ 10.00 $ 20,000.00 LF $ 100.00 $ 600.00 $ 20,000.00 7 INSTALL BASKETBALL COURT POLE AND BACKBOARD PER MANUFACTURER SPECIFICATIONS, CITY TO FURNISH EQUIPMENT 6 EA $ 3,600.00 B INSTALLBASKETBALL C OURT STRIPING AS INDI CATED 1 LS $ 1,500.00 $ 1,500.00 TOTAL BASE BID PRICE $ 119,700.00 PAGE 1 PUBLIC MRKS SERVICEDEPARTMENT/ENGINEERING DIVISION UNLIMITED ENGINEERING CONTRACTING, INC. Base Bid Price 114 GERONIMO CONCRETE, INC. Base Bid Price n5 1 CLEARING AND GRUBBING 1 L_S $ 3,500.00 $ 3,500.00_ 2 DISPOSAL O WASTE MATE 1 LS $ 2,000.00 $ 2,000.00 3 REMOVE, DISPOSE EXISTING AND CONSTRUCT 4" Thick CMB 95% RELATIVE COMPACTION OVER 90% NATIVE AS INDICATED ON PLANS AND SPEC IFICATION S C OMPLETE 345 TONS $ 52.173 $ 10,000.00 4 _ CONSTRU "THICK PCC BgSKETBALLCOU RT(3250 PSQ 11,850 SF $ 5.232 $ 62 5 CONSTRUCT 4" THICK COLORED CONCRETE WITH LITHOCHROME C OLORHA RD ENER ON TO P ER LM SCOFIELD COMP 2,000 SF $ 7.50_ $ 15,000 6 CONSTRUCT CONCRETE SEAT WALL, INCLUDING GRADIN, CONCRETE ST AIRS, WEEP HO LES, AND MISC 200 LF $ 145.00 $ 29,000.00 7 _ _ INSTALLBASKETBALLCOURTPOLE AND BACKBOARD PER MANUF ACTURER S CI TY TO FURNISH EQUIPMENT 6 EA $ 500.00 $ 3,000.00 6 INSTALL BASKETBAL L COU STRIPING AS ND ICATM _ _ 1 LS _ $ 7,400.00 S 7,400.00 TOTAL BASE BID PRICE TOTAL BASE BID PRICE § 139,900.00 GERONIMO CONCRETE, INC. Base Bid Price n5 C.S. LEGACY CONSTRUCTION, INC. Base Bid Price #5 1 CLEARI AND GRU 1 LS $ 2,200.00 $ 2,200.0 2 DISPOS ALOFWASTE MA TERIALS 1 LS $ 10,650.00 $ 10,650.00_ 3 _AN REMOVE, DISPOSE EXISTING AND CONSTRUCT 4" Thick CMB 95% RELATIVE COMPACTION OVER 90% NATIVE AS INDICATED ON PLANS SPECIFIC COMPLETE _ 345 _ TONS $ 57.42 $ 19,809.90 4 CON STRUCT 4" T HICK PCC BASKET COURT (3250 PSI) 11,850 SF _ $ 5.25 $ 62,212.50 _ 5 CONSTRUCT 4" THICKCOLOREDCONCRETE WITH LITHOC HROME COLORHA ON TOP PER LM SCOFIELD COMPA 2,000 SF S 5.00 $ 10,000.00 e 7 CONSTRUCT CONCRETE SEAT WALL, INCLUDING GRADIN, CONCRETE STAIRS, WEEP HOLES, AND MI INSTALLBgSKETBALLCOURTPOLE AND BACKBOARD PER MA NUFACTURE R S PECIFICATIONS, C ITY TO FURNISH EQUIPMENT 200 LF $ _ 157.50 $ 600.00 $ _ 31,500.00 _ $ 6 EA B INS TALLBASK ETB ALL COURT STRI A S INDICATED 1 LS _ $ 4,500.00 _3,600.00 $ 4,500.00 Is 144,472.40 1 LS $ 1,527.00 TOTAL BASE BID PRICE C.S. LEGACY CONSTRUCTION, INC. Base Bid Price #5 07/042014 PAGE 1 CLEARI AND GR 1 LS $ 1,455.00_ $ 1,45600 2 DISPOS OF WAS MATERIALS 1 LS $ 13,320._00 $ 13,320.00 3 REMOVE, DISPOSE EXISTING AND CONSTRUCT 4" Thick CMB 95% RELATIVE COMPACTION OVER 90% NATIVE AS INDICATED ON PLANS AND SPECIF ICATIONS C 345 TON $ 34.00 $ 11,730.00 _ 4 CONSTRUCT BA SKETBALL COURT (3250 PSI) 11,850 SF $ 5.40 $ 63,990.00 5 CONSTRUCT 4"THICKCOLORED CONCRETE WITH LITHOCHROME COL ORHARDEN ER ON TOP PER LM SC OFIELD COMPANY 2,0 SF $ _ $ 11,200.00 6 CONSTRUCT CONCRETE SEAT WALL, INCLUDING GRADIN, CONCRETE STAIRS, W EEP HOLES, A ND MISCELLANEOUS 200 L F _ _5.60 $ 187.00 $ 37,400.00 7 INSTALL BASKETBALL COURT POLE AND BACKBOARD PER MAN UFACTURE R SP ECIFICATIONS, CITY TO FURNISH EQUIPMENT 6 EA $ 745.00 $ 4,470.00 8 NSTA LLBASKETR ALL COURTSTRIPINGAS INDICATED 1 LS $ 1,527.00 $ 1,527.00 TOTAL BASE BID PRICE $ 145,092.00 07/042014 PAGE PUBLIC WORKS SERVICE DEPARTMENT/ENGINEERING DIVISION 1ST CALIFORNIA CONSTRUCTION, INC. Base Bid PHCe #7 E.C. CONSTRUCTION CO. Ba. Bid Price #B 1 CLEARING AND GRUBBING i 1 LS LS $ 1 . 0,155.00 $ 9,150.00 $ 10,155.00 S 9,15 2 DISPOSAL OF WASTEMATER IA LS 3 REMOVE, DISPOSE EXISTING AND CONSTRUCT 4" Thick CMB 95% RELATIVE COMPACTION OVER 90% NATIVE AS INDICATED ON PLANS AND S PECIFICATI ONS COMPLETE 345 TONS 5 81.00 $ 27,945.00 4 CONSTR UCT4"THICK PCC BASKETBALL COURT (3250 P SI) 11,850 SF $ ].10 $ 84,135.00 5 _ CONSTRUCT 4" THICK COLORED CONCRETE WITH LITHOCHROME CO LORHARDE NE R ON TOP PER LM SCOFIELD COMPANY 2,0 200 SF LF $ 1_1.58 $ 90.75 _ $ 23,160. $ 18,150.00 6 CONSTRUCT CONCRETE SEAT WALL, INCLUDING GRADIN, CONCRETE STAIRS, WEEP HOLES, A ND MISCELLANEOUS _ 7 INSTALL BASKETBALL COURT POLE AND BACKBOARD PER MANUFACTU SPECIFICA CITY TO FURNISH EQUIPMENT 6 EA $ 272.50 _ $ 1,635.00 B INSTALL BAS KETBALL COUR ST RIPING AS INDICATED _ i LS $ 2,110.00 _ $ 2,110.00 $ 1,361.67 $ 8 _ INSTALL BASK ETBALL COURT ST AS INDICATED 1 LS $ 800.00 TOTAL BASE BID PRICE E 176,440.00 E.C. CONSTRUCTION CO. Ba. Bid Price #B 021042014 PAGE 3 1 C LEARING AN GRUBBING 1 LS $ 2,500.00 $ 2,500.00 2 _ DISPOSAL O W ASTE MATERIALS _ 1 LS $ 12,000.00 $ 12,000.00 3 REMOVE, DISPOSEEXISTINGAND CONSTRUCT 4" Thick CMB 95% RELATIVE COMPACTION OVER 90% NATIVE AS INDICATED ON PLANS AND S PECIFICATION S COMPLETE 345 TONS $ 114.45 $ 39,485.25 4 _ CONST RUCT4"THIC K P CC BASKETBALL COURT (3250 PSI) 11,850 SF $ 4.13 $ 48,940.50 _ 5 CONSTRUCT 4" THICK COLORED CONCRETE WITH LITHOCHROME COLORHARDE ON TOP P ER LM SCOFIELD COMPANY 2_,000 SF $ 1 $ 26,490.00 6 CONSTRUCT CONCRETE SEAT WALL, INCLUDING GRADIN, CONCRETE STAI WEEP HO AND MISCELLANEOUS 200 LF S 326.70 _ $_ 65,340.00 7 INSTALL BASKETBALL COURT POLE AND BACKBOARD PER MANUFACTU SPECIFIC CITY TO FURNISH EQUIPMEN 6 EA $ 1,361.67 $ 8 _ INSTALL BASK ETBALL COURT ST AS INDICATED 1 LS $ 800.00 _ _8,170.02 $ 800.00 TOTAL BASE BID PRICE 1 $ 203,67$.77 021042014 PAGE 3 CIFIC TEA 31133 VIA COLINAS SUITE 107 WESTLAKE VILLAGE, CA 91362 818- 707 -3797 818 - 706 -1951 FAX Thursday, January 23, 2014 City of Rosemead Erica Hernandez Public Works Department, Engineering Division 8838 E. Valley Blvd. Rosemead, CA 91770 RE: Rosemead Park Improvements Project — Basketball Courts - Official Bid Protest Dear Erica Hernandez: We are filing an Official Bid Protest on the apparent low bidder, PK Construction for not showing the proper evidence of authority to sign the bid. Per your Instructions To Bidders, Page 3, Number 9, Signing of Bids, it states the following, (which is attached hereto): "All bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to an Contract arising thereform" We are asking that you reject the bid from PK Construction for the above reason and award the bid to the next lowest responsive, responsible Bidder, Malibu Pacific Tennis Courts, Inc. Please consult with your legal department and kindly respond back to US. Malibu Pacific Tennis Courts, Inc. Encl CONTRACTORS LICENSE NUMBERS: CALIFORNIA: 618117 ARIZONA: 103253 NEVADA: 035476 on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the altemate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid Remo. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the Instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modily, nor supplement the printed' matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 8. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authored representative. Bidders wilt be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that parfcular joint venturer or partnerto actfor and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall bejointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under arty Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership In its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashiers check, bid bond (the bid bond must be submitted on the form Included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required Insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficuR to ascertain ths actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and ITB - 3 MAYOR: PGLLY LOW MAYOR PRO TEM: - WRLIAMALARCGN COUNCIL MEMBERS: SANDRAARIvm; A MARGARET CLARK STEV LY February 4, 2014 City of Rosemead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 Phil Carter Malibu Pacific Tennis Courts, Inc. 31133 Via Collinas, Suite 107 Westlake Village, CA 91362 Mr. Carter, The City of Rosemead received your Bid Protest Letter, dated January 23, 2014, protesting the low bid submitted by PK Construction for the Rosemead Park Improvements Project Basketball Courts on January 22, 2014. City staff has reviewed your bid protest letter and is rejecting it as it is without merit. The contractor in question, PK Construction, CA State License #718670, is a sole proprietorship and is not incorporated. As such, evidence of signatory authority is not applicable. Furthermore, all documents included in the bid package are executed and notarized to the satisfaction of the City. Please contact the Engineering Division at (626) 569 -2150 if you have any additional questions or concerns. Regards, ` — "- Rafael Fajardo Associate Civil Engineer