HomeMy WebLinkAbout4.5 Approval of Plans and Specifications, Reject Bid Protest, and Award of Contract to Suarez and Munoz Construction, Inc. for the Fallon Sports Park – Phase 3 Project No. PK0119STAFF REPORT
CITY COUNCIL
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Agenda Item 4.5
DATE:February 16, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Approval of Plans and Specifications, Reject Bid Protest, and Award of
Contract to Suarez and Munoz Construction, Inc. for the Fallon Sports Park –
Phase 3 Project No. PK0119
Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications, rejecting a bid protest, and
awarding a contract to Suarez and Munoz Construction, Inc. for the Fallon Sports Park – Phase 3
project, CIP No. PK0119. The scope of work includes construction of a cricket pitch, lighted
batting cages, four volleyball courts, play area, and two little league baseball fields.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications, Rejecting a Bid Protest, and
Awarding a Contract to Suarez and Munoz Construction, Inc. for the Fallon Sports Park – Phase 3
Project, CIP No. PK0119.
FINANCIAL IMPACT:
As approved in the 2020-2025 Capital Improvement Program, the total budget for the Fallon
Sports Park – Phase 3 project is $10,598,000 and is funded by Public Facility Fees Fund as shown
in Attachment 2. The budget for improvements is $8,233,770. The low bid submitted by Suarez
and Munoz Construction, Inc. is $6,617,814 and Staff recommends a construction contingency of
$700,000, for a total potential construction cost of $7,317,814. Sufficient funds are available in the
project budget to award a construction contract to Suarez and Munoz Construction, Inc.
DESCRIPTION:
The 2020-2025 Capital Improvement Program (CIP) includes the Fallon Sports Park – Phase 3
project, CIP No. PK0119. On December 17, 2019, the City Council approved the conceptual design
for the project, which included the following elements:
Little League Fields: Two fields with fencing, scoreboards, bleachers, single story
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scorekeeper booth, bull pens, dugouts, walkways, planting, and irrigation.
Plaza Area: Walkways, playground, planting, and irrigation.
Courts/Cages/Lawn: Four volleyball courts, with one set of bleacher pads, five-bay batting
cage with lighting, lawn area, walkways, planting, and irrigation.
Cricket Area: Lawn area, single pitch, walkways, concrete terrace seating/steps, two sight
screens, drainage, planting, and irrigation.
Upon approval of the conceptual design, Staff was directed to proceed with updating the Mitigated
Negative Declaration for the project as it included lighting for the five-bay batting cages which
differed from the approved Master Plan for the park. On June 16, 2020, the City Council adopted
Resolution No. 57-20 approving an addendum to a Mitigated Negative Declaration (Attachment 5).
The plans and specifications were completed and advertised for bid in December 2020. A total of
four sealed bids were received on January 21, 2021. A summary of bids is provided as Attachment
3. Staff reviewed the bid results and bidder qualifications, checked references and necessary
licenses, and found that Suarez and Munoz Construction, Inc. (SMC) was the lowest responsive
bidder.
Bid Protest
In accordance with the Instructions to Bidders, the second lowest bidder, Robert A. Bothman,
submitted a bid protest to the City, dated January 25, 2021 (Attachment 4). The protest claims
that the lowest bidder, SMC, is non-responsive for failure to meet the specific experience
requirements. Staff and the City Attorney reviewed the protest, determined that the claim lacks
legal merit, and recommends that the City Council reject the protest.
The City’s bid qualifications require bidders to have successfully completed the construction of a
minimum of two “qualifying facilities.” A qualifying facility is either a Public Facility valued at over
$7 million for which the bidder was a General Contractor, or a commercial landscape construction
project valued at over $10 million for which the bidder was a General Contractor or
Subcontractor. In its sealed bid, SMC listed two qualifying facilities with values over $7 million for
which they served as General Contractor: the Waterfront Park Renovation and the Presidio Middle
School Project. The protest letter asserts that the Presidio Middle School Project is not a
qualifying facility, based on the claim that Van Acker Construction Associates, Inc. was the General
Contractor and SMC was the Subcontractor for the Presidio Middle School Project.
In response to the protest letter, SMC provided additional information and documentation for City
review. Upon review of SMC’s information and documentation, Staff and the City Attorney found
that Van Acker Construction Associates, Inc. served as the project manager not the General
Contractor, and that SMC was the General Contractor for the Presidio Middle School Project;
therefore, Staff and the City Attorney concluded that SMC meets the City’s qualification
requirements and is the lowest responsible bidder submitting a responsive bid. Staff recommends
that the City Council reject the protest as lacking legal merit and adopt the Resolution (Attachment
1) awarding the construction contract to SMC.
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In order to facilitate the approval of contract change orders and avoid construction delay, it is
requested that the City Manager be authorized to approve change orders up to the contingency
amount of $700,000. The Resolution will authorize this change as it relates to the project.
If the construction contract is awarded to SMC, Staff expects work to begin in early March 2021,
with onsite construction activity commencing in late April. The project is anticipated to be
complete, including the 90-day plant establishment period, in summer 2022.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report was sent to Suarez and Munoz Construction, Inc. and Robert A.
Bothman, and the City Council Agenda was posted.
ATTACHMENTS:
1) Resolution - Approving the Plans and Specifications, Rejecting a Bid Protest, and Awarding a
Contract to Suarez and Munoz Construction, Inc. for the Fallon Sports Park – Phase 3 Project,
CIP NO. PK0119
2) Fallon Sports Park – Phase 3 CIP Budget
3) Bid Results
4) Bid Protest RAB
5) Resolution No. 57-20 - Approved Addendum to Mitigated Negative Declaration
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PLANS AND SPECIFICATIONS, REJECTING A BID PROTEST, AND
AWARDING A CONTRACT TO SUAREZ AND MUNOZ CONSTRUCTION, INC. FOR THE
FALLON SPORTS PARK – PHASE 3 PROJECT CIP NO. PK0119
WHEREAS,the design team completed plans and specifications for the Fallon Sports
Park - Phase 3 Project, CIP No. PK0119 (“Project”), and the Project includes the construction of
two little league fields, play area, four volleyball courts, five-bay lighted batting cage and cricket
pitch at Fallon Sports Park; and
WHEREAS,the City of Dublin did, on January 21, 2021, publicly open, examine, and
declare all sealed bids for doing the work described in the approved plans and specifications for
the Project, which plans and specifications, are hereby expressly referred to for a description of
said work and for all particulars relative to the proceedings under the request for bids; and
WHEREAS,said bids were submitted to City Staff and Suarez and Munoz Construction,
Inc. was determined to be the lowest responsive and responsible bidder for doing said work; and
WHEREAS,a bid protest from Robert A. Bothman was filed with the City by 5:00 p.m. on
the third business day after bid opening in accordance with the Instructions to Bidders; and
WHEREAS, the bid protest from Robert A. Bothman was deemed meritless based on the
additional documentation received from Suarez and Munoz Construction, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the plans and specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
reject the bid protest from Robert A. Bothman.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
award the Contract for the Project to the lowest responsive bidder, Suarez and Munoz
Construction, Inc., at a bid of six million, six hundred seventeen thousand, eight hundred
fourteen dollars and zero cents ($6,617,814.00), the particulars of which bids are on file in the
Office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or designee to approve the Project Contract Change Orders based
on the appropriate funds designated for the Project up to the contingency amount of seven
hundred thousand dollars and zero cents ($700,000.00).
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute
the Project Construction Agreement with Suarez and Munoz Construction, Inc.
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 16th day of February 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Number PK0119 Program PARKS
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 $19,909 $44,519 $105,590 $170,018
9200 $55,696 $1,938,416 $1,994,112
9400 $980,924 $7,252,846 $8,233,770
9500 $26 $200,074 $200,100
$75,631 $3,163,933 $7,358,436 $10,598,000
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
4100 $75,631 $3,163,933 $7,358,436 $10,598,000
$75,631 $3,163,933 $7,358,436 $10,598,000
ANNUAL OPERATING IMPACT $260,000 $260,000 $260,000
FALLON SPORTS PARK - PHASE 3
ESTIMATED COSTS
FUNDING SOURCE
TOTAL
Miscellaneous
TOTAL
Public Facility Fees
2020-2025 CAPITAL IMPROVEMENT PROGRAM
Salaries & Benefits
Contract Services
Improvements
PROJECT DESCRIPTION
Fallon Sports Park is a 60-acre community park bordered by Fallon Road, Central Parkway, Lockhart Street and Gleason Drive. Phases 1 and 2 of the park have been completed
and Phase 3 represents the final phase of park development.
The Phase 3 project provides for the design and construction of the remaining 14 acres of Fallon Sports Park, referred to as the Upper Terrace. On December 17, 2019, City
Council approved the concept design that includes a cricket field, sand volleyball courts and multi-sport batting cages. Construction is anticipated to start in 2021.
ANNUAL OPERATING IMPACT: $260,000
MANAGING DEPARTMENT: Public Works
Attachment 2
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Fallon Sports Park - Phase 3
PK0119
Bid Date:
BASED BID
ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension
1 1 LS $6,615,414.00 $6,615,414.00 $7,187,000.00 $7,187,000.00 $7,297,777.00 $7,297,777.00 $7,494,707.00 $7,494,707.00
2 1 LS $2,400.00 $2,400.00 $10,000.00 $10,000.00 $50,000.00 $50,000.00 $5,000.00 $5,000.00
TOTAL $6,617,814.00 $7,197,000.00 $7,347,777.00 $7,499,707.00
List of Sub-Contractors
Plae/Century Turf Inc.
Bockman and Woody ElectricElectrical
Fencing and Gates
Play Equipment Installation
Bockman and Woody
CalcoGolden Bay Fence
Bockman and Woody Electric
Synthetic Turf Valley Precision Grading Inc.Heavenly Construction Inc.
Project Name:
Project No. :
PUBLIC WORKS DEPARTMENT
AAA Fence Company Inc.
Robert A. Bothman
Construction
Who Built Creative Builders Inc.
Construction Survey Inc.
Landscape and Irrigation Marina Landscape
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
January 21, 2021
Robert A. Bothman
Construction
APPARENT LOW BIDDER
Ross Recreation Equipment
Golden Bay Fence
Plae
St. Francis Electric
Surveying and Staking
Description Suarez and Munoz
Construction Inc.
Jensen Landscape Contractor
LLC
Mike O'Dell
DESCRIPTION
Base Bid Item #1 - Base Contract Work
Base Bid Item #2 - CO #1
Granite Rock Company
Granite Rock Company
Kier and Wright
Suarez and Munoz
Construction Inc.
Jensen Landscape Contractor
LLC
Colony Landscape
Scorekeepers Booth Public Restroom Company The Public Restroom Public Restroom Company
Sand Channel Drainage Colony Landscape Colony Landscape Colony Landscape
Cotart Goodfellows
Marina Landscape
Reinforcing Steel Camblin Steel
TNB Construction R and R Maher
Signage Express Sign and Neon Frank and Sons Inc.Express Sign and Neon
Earthwork and Paving
European Paving Designs
ABV Scoreboard Services
Drainage Preston Pipelines Platinum Pipelines
Concrete
Scoreboard
Pavers
1
Attachment 3
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Attachment 4118
119
120
Attachment 5
121
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