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Home My WebLink About4.5 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. PK0119 (2)STAFF REPORT CITY COUNCIL Page 1 of 3 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 111 Page 2 of 3 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. 112 Page 3 of 3 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 113 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. 114 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 115 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 2 116 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 3 117 Attachment 4118 119 120 Attachment 5 121 122