HomeMy WebLinkAbout17 - Newport Beach Police Department RemodelTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
February 13, 2018
Agenda Item No. 17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Peter Tauscher, Civil Engineer,ptauscher@newportbeachca.gov
PHONE: 949-644-3316
TITLE: Newport Beach Police Department Remodel — Award of Contract
No. 7261-1 (17F12)
ABSTRACT:
Staff has received acceptable bids for the Newport Beach Police Department Remodel
project and is requesting City Council approval to award the Construction Remodel work
to TL Veterans Construction, Inc.
RECOMMENDATION:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment;
b) Approve the project drawings and specifications;
c) Declare TL Veterans Construction, Inc. as the lowest responsive bidder;
d) Award Contract No. 7261-1 to TL Veterans Construction, Inc. (TLV) for the total bid
price of $496,800.00, and authorize the Mayor and City Clerk to execute the contract;
and
e) Establish a contingency of $50,200.00 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract.
FUNDING REQUIREMENTS:
The current adopted CIP budget includes sufficient funding for this project. The following
funds will be expensed
Account Description Account Number Amount
General Fund 01201925-980000-17F12 $ 555,000.00
Total: $ 555,000.00
17-1
Newport Beach Police Department Remodel - Award of Contract No. 7261-1
February 13, 2018
Page 2
Proposed uses are as follows:
\/Pnrinr
TL Veterans Construction, Inc
TL Veterans Construction, Inc
Various
BACKGROUND:
Purpose
Construction Contract $
Construction Contingency $
Incidentals $
Total: $
Amount
496,000.00
50,200.00
8,000.00
555,000.00
The existing Police Department building was constructed in 1973. The station building
has received various updates through the years with the last significant interior remodel in
1985. This remodeling effort is focused on updating the Detective, Interview, Squad, CSI
and CSU rooms. This remodel project will provide updated lighting, ceiling tiles, a new
electrical system, minor wall modification and repair, painting, and prepare the rooms for
new furniture. The new furniture will be provided under a separate contract by the Police
Department and installation coordinated with this construction work. The project is also
planned so as to accommodate current and future police staffing needs.
DISCUSSION:
On January 26, 2018, at 2 p.m. the City Clerk opened and read the following electronic
bids for this project:
After the bid opening, the second low bidder submitted a letter to the City protesting and
claiming the low bidder's bid was non-responsive in complying with several items in the
bidding documents. The low bidder then submitted a response to the bid protest with
accompanying documentation.
Staff reviewed the low bidder's response and determined the low bidder complies with the
bidding specifications for this project. Staff recommends the City Council declare TLV as
the lowest responsive bidder.
17-2
BIDDER
TOTAL BID AMOUNT
Low
TL Veterans Construction, Inc.
$
496,800.00
2
General Consolidated Constructors, Inc.
$
498,000.00
3
Interlog Corporation
$
499,000.00
4
Astra Builders, Inc.
$
562,140.00
5
Optima RPM, Inc.
$
563,000.00
6
Marjani Builders, Inc.
$
608,000.00
7
R.C. Construction Services, Inc.
$
664,000.00
8
PCN3, Inc.
$
684,000.00
9
Dalke & Sons Construction, Inc.
$
739,820.00
10
NR Development, Inc.
$
740,500.00
11
JR Universal Construction, Inc.
$
809,359.00
12
Hamel Contracting, Inc.
$
872,008.00
After the bid opening, the second low bidder submitted a letter to the City protesting and
claiming the low bidder's bid was non-responsive in complying with several items in the
bidding documents. The low bidder then submitted a response to the bid protest with
accompanying documentation.
Staff reviewed the low bidder's response and determined the low bidder complies with the
bidding specifications for this project. Staff recommends the City Council declare TLV as
the lowest responsive bidder.
17-2
Newport Beach Police Department Remodel - Award of Contract No. 7261-1
February 13, 2018
Page 3
The bid amount submitted by TLV is 4.5% below the Engineer's Estimate of $520,000.00.
TVL possesses a California State General Building "B" Contractors License, as required
by the project specifications, and has satisfactorily completed facility projects for the City
and other local agencies.
Pursuant to the contract specifications, TVL is allotted 70 consecutive working days to
complete the work. Liquidated damages in the amount of $1,000.00 per calendar day will
be assessed in case of tardy completion.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or
Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the Item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — General Consolidated Contractor, Inc. Letter
Attachment C — TL Veterans Construction, Inc. Response Letter
17-3
NEWPORT BEACH
POLICE DEPARTMENT REMODEL
LOCATION MAP
ATTACHMENT A
NOT TO SCALE
. mF,,rzzr."O" OF,
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7261-01 2/13/2018
17-4
ATTACHMENT B
1981111 Cusrl,, L.\xr: TEL.: 951-734-3507
C=CC PI;ImI5, CA 925711 FAX: 951-734-3.154
Vic 4507287
Peter Tauschcr
Scnior Civil Fnginccr
City of Newport Beach
100 Civic Center Drive
Nc\wport Beach, Ca 92660
Re: PROTEST LETTER OF "ITL VETERANS CONSTRUCTION INC.
Newport Beach Police Department Remodel, Contract No. 7261-1
Dear Mr. 'fauschcr.
Aftcr rcvic\ying the bid documents submitted by TL Construction. Inc.. we have found several issues
that Should render their bid non-responsive. TL. Veterans Construction. Inc. has only been in business for three
\cars and do not appear to possess the necessary experience that is rcquircd in the Project
Specifications.
Specification Scction 09 51 13 1.3.13 and Scction 09 5 1 33 1.3.13 state that the installer must have a
nliniminn 5 \cars documented cxperiencc. Since TI. Veterans, Inc. did not list a subcontractor with the
required experience and since they do not possess the rcquircd experience. they do not meet the requirements
of the specification.
Specification Section 09 69 13 1.8.D states that the installer is to be FCIR certified Or demonstrate the ability
to comply \with FCIB certification procedures. TL Veterans. Inc. is not FCIB certified and their abilit\ to
demonstrate compliance is questionable \\ ith their limited cxpericncc.
Specification Section 06 41 16 1.3 Palls B. D. E. F and 1-1 require the casc\work to be WI Certified and have
compliance labels Installed oil all Items. This section also rcgLIII_CS the Installation to be monitored and
inspected. Upon completion. a WI Monitored Compliance Certificate is rcquircd to be submitted. TL Veterans.
Inc. (lid not list a casework SUI)COIltractor for this \work and will not be able to comply \with all the WI
rcqu ircnlcnts.
Spccitication Section 09 90 00 1.6.13 stales that the application must be performed by a company \with a \-cars
documented cxpericncc. TL Vctcrans. Inc. does not possess the required cxpericncc listed.
We at GCC are concerned that T1. Veterans docs not have the necessary cxpericncc to perform the work Of
this contact. Thcy not only lack the rcquircd dOCLInicllted experience. but their completed projects. longe in
cost well under $200,000. We feel that it is in the best interest of the City to render their bid non-responsive.
Sincerely.
;';.*"—Rob McCoy
President
17-5
ATTACHMENT C
February 1St, 2018
Peter Tauscher
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Sub: Response to the Bid Protest
Re: Protest Letter of TL Veterans Construction Inc., Newport Beach Police Department
Remodel, Contract No. 7261-1 by General Consolidated Contractors, Inc.
To Mr. Tauscher:
This letter serves as TL Veterans Construction Inc.'s (TL Veterans) official response to General
Consolidated Contractors, Inc.'s (GCC) bid protest letter for the project mentioned above, dated
January 30th, 2018. In its protest letter, GCC asks the City of Newport Beach (City) to deem TL
Veterans' bid as non-responsive based on four issues. Accordingly, TL Veterans addresses each
issue separately below.
1. Specification Section 09 5113 1.3B and Section 09 5133 13.B
a. GCC alleges TL Veterans to "... not possess the required experience" because the
sections state that "the installer must have a minimum 5 years documented
experience." TL Veterans' designated project manager for this project, Harrison
Lee, has worked in the general construction industry for over ten years with a
wealth of experience in commercial projects that included acoustical panel and
tile installations. See Attachment A. Furthermore, TL Veterans also employs
journeymen who are familiar and proficient with acoustical panel and tile
installations. Through the combined experience of its field staff, TL Veterans is
technically capable of completing all works called for under the two sections, and
therefore the City should deem TL Veterans responsive.
2. Specification Section 09 6813 1.8D
a. GCC argues that "TL Veterans, Inc. is not FCIB certified and their ability to
demonstrate compliance is questionable with their limited experience." FCIB
refers to Floor Covering Installation Board, as defined in the section. However,
FCIB's website, www.fcibcertified.com, and its phone number, (800) 882-8846,
are currently not in use. Additionally, according to Floor Covering Weekly's
news article dated January 20th, 2005, FCIB's trustees voted to suspend
operations. See Attachment B. As GCC alludes to, general contractors are either
required to be FCIB certified or demonstrate their ability to comply with FCIB
17-6
certification procedures. But without the organization to demonstrate TL
Veterans' ability to comply, this issue becomes moot.
b. Even if FCIB still existed, GCC offers no proof to its claim that TL Veterans'
ability to demonstrate compliance with FCIB certification procedures is
questionable, save for an unsubstantiated claim of TL Veterans' "limited
experience." GCC fails to define what constitutes "limited experience," fails to
establish how they came to conclude that TL Veterans has "limited experience" as
GCC defines it, fails to elucidate how such "limited experience," if true and
applicable to TL Veterans, adversely affects TL Veterans' ability to demonstrate
compliance, and finally fails to show whether "limited experience" as GCC
defines it is an acceptable standard for the City to evaluate a general contractor's
ability to comply.
c. With FCIB defunct at the time that the bid documents were made available to
interested contractors, and without any reliable evidence to conclusively show TL
Veterans' inability to comply, the City should dismiss GCC's claims related to the
Specification Section 09 68 13 1.81) and deem TL Veterans responsive.
3. Specification Section 06 4116 1.3 Parts B, D, E, F, and H
a. The subsections 1.3 B, D, E, F, and H read as following, with WI referring to the
Wood Institute of California:
i. 1.3B: "All millwork and the installation of millwork shall be monitored
for compliance under the scope of the WI Monitored Compliance Program
(MCP).
ii. 1.31): "Provide WI Inspection Service at the millwork fabricator. Provide
to Architect a written report showing the results of the inspection."
iii. 1.3E: "Provide WI Certified Compliance Labels on all items of casework
and countertops."
iv. 1.3F: "Provide WI Inspection Service at the job site. Provide to Architect a
written report showing the results of the inspection."
v. 1.31-1: "Upon completion of the installation, provide a WI Monitored
Compliance Certificate."
b. As evinced above, none of the subsections require a bidding general contractor to
utilize a subcontractor in manufacturing casework items. Hence, GCC's argument
that TL Veterans "did not list a casework subcontractor... and will not be able to
comply with all the WI requirements" simply lacks any credit merit for the City in
considering TL Veterans' responsiveness to the bid. In fact, as a general
contractor TL Veterans currently employs carpenters of all levels that are both
experienced and skilled enough to produce casework items that TL Veterans is
confident to be approved by the WI. With issues related to Specification Section
06 41 16 1.313, D, E, F, and H resolved, the City should deem TL Veterans
responsive.
17-7
4. Specification Section 09 90 00 1.6B
a. GCC alleges TL Veterans to "... not possess the required experienced listed" in
the section. TL Veterans' designated project manager for this project, Harrison
Lee, has worked in the general construction industry for over ten years with a
wealth of experience in commercial projects that included exterior and interior
painting. See Attachment C. Furthermore, TL Veterans also employs journeymen
who are familiar and proficient with commercial painting, both exterior and
interior. Through the combined experience of its field staff, TL Veterans is
technically capable of completing all works called for under the section, and
therefore the City should deem TL Veterans responsive.
TL Veterans is confident that all the issues raised by GCC are fully resolved by its responses
above and attached documents, and that the City will find TL Veterans responsive to the bid. If
you wish to discuss further about this response letter, please contact me at the number or email
address below. Thank you for your time and attention to this matter.
Sincerely,
Theodore Lee
President
17-8
ATTACHMENT A
1. Magnolia Clinic 11 Remodel
a. Project Manager and Contact Number: Brian Son, (714) 822-
1815
b. Project Owner: MTM Construction Inc.
c. Amount: $880,477.00
d. Site Address: 2220 E Gonzalez Rd., Oxnard, CA 93036
e. Project Duration: February 23, 2012 — September 20, 2012
2. Williams Behavioral Health T1
a. Project Manager and Contact Number: Brian Son, (714) 822-
1815
b. Project Owner: MTM Construction Inc.
c. Amount: $428,650.00
d. Site Address: 1911 Williams Dr., #200, Oxnard, CA 93036
e. Project Duration: March 10, 2014 — July 25, 2014
17-9
Q) No, secure wv,�L^r.floorcoveringweekiy.com/main/topnews/fcib-suspends-operations-t46fi0.aspz
Wednesday. January 31, 2018 Subscribe
ShareVCW
' L 0 R C 0 Y E R I N 0 W E C K C Y
FCIB suspends operations_'
Thursday, January 20, 2005
Byt -None
[West Bloomfield, Mich.] The trustees of the Floor Covering Installation Board (FCIB) have voted to suspend operations.This
offshoot of the Floor Covering installation Cortracturs 4ssociation (FGCA) was created to develop standards for flooring contractor
husi nesses and certify those companies that met or exreeded those sta n dards. Armstrong
Acco rding to Dave Stafford, chairman, the hoard of trustees made its decision based on a continued decline in FCIB-certified 1 2 3 -
contractor membership. "We have reluctantly concluded that there Is not sufficient interest in our industry for this type of -
certification to continue," he said.
Stafford credits the lack of interest in business -entity certification to a number of factors, including the industrys em ph asis on
individual certification. l
"This in no way diminishes the quality of the rertificaticns earned bysnme of the finestflooring companies in the country,- Strafford
said. F09 -certified contractors can display the certification until it expires.
Questions regardingthe FCIG shpuid go to the FCICA, which may be reached at(248) 661-5015 or by a -mailing infoofrica.com, •*W� -
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17-10
ATTACHMENT C
1. Camp Pendleton Painting and Coating
a. Project Manager and Contact Number: Thomas Son, (626)
224-8359
b. Project Owner: MTM Construction Inc.
c. Amount: $1,600,000.00
d. Site Address: Various buildings, Camp Pendleton, CA
e. Project Duration: February 2008 — March 2010
2. Santa Paula Agricultural COMM Office Remodel
a. Project Manager and Contact Number: Brian Son, (714) 822-
1815
b. Project Owner: MTM Construction Inc.
c. Amount: $159,758.98
d. Site Address: 815 E Santa Barbara St., Santa Paula, CA
93060
e. Project Duration: June 25, 2012 — January 3, 2013
17-11