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Home My WebLink About08 - Bristol Street North Landscape ImprovementsCITY O, F NEWPORT BEACH Uty C®QAO' dl Staff Report Agenda Item No. 8 February 14, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer APPROVED: C— TITLE: Bristol Street North Landscape Improvements — Award of Contract No. 4301 ABSTRACT: Staff received construction bids for the Bristol Street North Landscape Improvements project and is requesting City Council's approval to award the work to Green Giant Landscape, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications; 2. Award Contract No. 4301 to Green Giant Landscape, Inc., for the total bid price of $305,460.00 and authorize the Mayor and City Clerk to execute the contract; and 3. Establish a contingency of $30,540.00 (approximately 10 percent) to cover the cost of unforeseen work. 4. Approve Budget Amendment No. 12BA- 027 recording and recognizing $316,900.00 in federal grant money from the Transportation Enhancement (TE) funding to Account No. 250 -4880 and appropriating $316,900.00 to Account No. 7251- C2002028. FUNDING REQUIREMENTS: City staff was successful in applying for federal Transportation Enhancement (TE) funding for project construction. The maximum programmed funding awarded to the City is $357,958.00, of which $316,900.00 is federal grant money and $41,058.00 is City matching funds. Should the final contract with Green Giant Landscape, Inc. fall Bristol Street North Landscape Improvements —Award of Contract No. 4301 February 14, 2011 Page 2 below the grant amount, the balance of the TE funding may be applied towards construction management and related services. The Budget Amendment records and appropriates $316,900.00 in additional revenue from TE grant funding and $316,900.00 in increased expenditure appropriations. The revenue will be posted to the Federal Highway Funds account in the Public Works Department, 250 -4880, and the contract cost will be expensed to the Contributions (TE Grant) account in the Public Works Department, 7251- C2002028. Proposed uses are as follows: Account Description Account Number Contributions (TE Grant) 7251- C2002028 $ Bristol Street Relinquishment 7253- C2002028 (City Matching Funds) Amount 316,900.00 20,100.00 Total $ 337,000.00 It should be noted that annual landscape maintenance cost associated with this project Vendor Green Giant Landscape, Inc. Green Giant Landscape, Inc. Various is estimated to be $9,200 per year. DISCUSSION: Purpose Construction Contract Construction Contingency Utility service connections and soil /material testing Total Amount $ 305,460.00 30,540.00 10, 000.00 $ 337,000.00 At 10:00 a.m. on January 19, 2012, the City Clerk opened and read the following bids for the Bristol Street North Landscape Improvements project: TOTAL BID AMOUNT $305,460.00' $307,810.00 $340,509.00 $427,000.00 $510,300.02" $592,079.00 * ** * As -read amount is $305,220.00 ** As -read amount is $510,600.62 *'" As -read amount is $612,079.00 BIDDER Low Green Giant Landscape, Inc. 2 KASA Construction 3 STL Landscape, Inc. 4 Nobest, Inc. 5 America West Landscape, Inc. 6 Marina Landscape, Inc. TOTAL BID AMOUNT $305,460.00' $307,810.00 $340,509.00 $427,000.00 $510,300.02" $592,079.00 * ** * As -read amount is $305,220.00 ** As -read amount is $510,600.62 *'" As -read amount is $612,079.00 Bristol Street North Landscape Improvements —Award of Contract No. 4301 February 14, 2011 Page 3 The total bid amount is less than one percent above the Engineer's Estimate of $303,000.00. The work for this contract includes the clearing and grading of the existing dirt shoulder to accommodate new landscaping and an irrigation system, constructing concrete pavement, curb and gutter, and depressed maintenance access curbs; and installing a maintenance walkway. The low bidder, Green Giant Landscape, Inc., possess California State Contractors Licenses Classifications of "A" and "C -27" as required by the project specifications. A check of Green Giant Landscape, Inc., references indicates satisfactory completion of similar projects within the City of Newport Beach and other local municipalities. Pursuant to the contract specifications, Green Giant Landscape, Inc., will have 65 consecutive working days to complete the work followed by a 60 -day landscape establishment period and 30 -day landscape maintenance period. Shortly after the bid opening, the second apparent low bidder (KASA Construction) submitted a bid protest. After investigation, staff determined the questions raised by KASA Construction regarding Green Giant Landscape, Inc.'s proposal to be immaterial. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15304(b) (Minor Alternations to Land) 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). Submitted by: Director Attachments: A. Location Map B. Bid Protest and Response Letter C. Budget Amendment �� r�� C [= � �1�� L�r �� -1, W PROJECT AREA PROJECT AREA w U K t N W em�xxam � emn¢em2,wm+ wmr¢am¢r N � s`¢ U F W t-u PROJECT AREA PROJECT AREA w U i- N a. > o �a 01 OF NEWPORT T REACH BRISTOL STREET N. LANDSCAPE PUBLIC WORKS DEPARTMENT IMPROVEMENTS C -4301 PROJECT LOCATION MAP ��,,��i��lr� Ill w MIMI= r l License # 927544 January 25, 2012 City of Newport Beach Iris Lee, PM 3300 Newport Blvd Newport Beach, CA 92663 Project: Bristol Street North Landscape Improvements, Project No. 4301 — Subject: BID PROTEST Bid Date: January 19, 2012 This letter is in regards to the validity of the proposal and the capacity of the Apparent First Low Bidder, Green Giant Landscape, Inc. to perform the work. After careful review of the proposal received today by KASA, I discovered a few discrepancies and omissions which in turn, would deem the apparent low first bidder, non - responsive. Public Contract Code section 4104 Specification in Bid of Information about Subcontractors, requires a general contractor when listing a subcontractor to list the Name and the Location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor. On page 17 Section 3- Designation of Subcontractors, it clearly states to list the Name and business address and item of work. Green Giant Landscape failed in listing any subcontractors; therefore the contractor will self - perform all scopes of the project. There is significant jack and boring on the job which Green Giant did not list a boring contractor nor does Green Giant have an electrical license or Certification to perform the Electrical portion of work. Furthermore and most importantly, Green Giant was missing the Notary Acknowledgement of the Principal for the Bidder's Bond, which is required and shall be grounds for automatic disqualification. On the lower portion of the bidder's bond it states that (Notary acknowledgement of Principal & Surety must be attached). The omission of the Acknowledgement of the Principal alone renders the apparent low bidder non - responsive. Lastly, Green Giant listed as their UDBE Logans Marketing for all the plant material. On the landscaping plan sheets it clearly states that all shrubs shall be purchased from Designed II or Mountain States Nursery. I checked the listed UDBE and their website at www.logansmarketingine.com and they do not state on their web page that they broker plant material. The only construction material Logan Marketing brokers is aggregates and bituminous 316 N. Corona Ave., Ontario, CA 91764 Phone: 909.457.8260 / Fax: 909.457.8261 1 / 1 License # 927544 material. The shrubs specified are not inexpensive and if a broker would add his mark up on the material it would raise the price of the product and would in turn over -bid the job. KASA Construction respectfully requests that the City of Newport Beach considers the above findings and makes a fair determination in making Green Giant Landscape non - responsive. If there is any additional information needed, please do not hesitate to call me at the number below. KASA Construction has extensive experience in this line of work and is anxious to begin the project. Visit www.KASAconstruction.com S' cerel , IVLL Hector Zavala Estimator KASA Construction, Inc. 316 N. Corona Ave., Ontario, CA 91764 Phone: 909.457.8260 / Fax: 909.457.8261 CITY OF NEWPORT BEACH PUBLIC WORKS (DEPARTMENT Stephen G. Badum, Director Hector Zavala KASA Construction 316 N. Corona Avenue Ontario, CA 91764 SUBJECT: BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS, C -4301 BID PROTEST Dear Mr. Zavala: The City of Newport Beach is in receipt of your KASA Construction's bid protest on the Bristol Street North Landscape Improvements project— Contract No. 4301, dated January 25, 2012. City staff has reviewed the noted points regarding the Low Bidder's (Green Giant Landscape, Inc.) proposal, and determined them to be immaterial. Please see the following responses: 1. KASA indicated Green Giant did not list any subcontractors to perform the boring and electrical work required. Green Giant possesses both "A" and "C -27" contractor licenses, which will allow them to perform the stipulated work without enlisting subcontractors. 2. KASA indicated Green Giant did not provide the proper notary acknowledgements for both Principal and Surety. C Green Giant submitted notary acknowledgements for both Principal and Surety. Copies have been attached to this letter as evidence. 3. KASA indicated the Green Giant - listed UDBE Logan Marketing only brokers aggregates and bituminous construction materials. KASA researched this information on Logan Marketing's website. o It is noted that Logan Marketing does broker construction material such as aggregates and bituminous materials; however, there is no evidence that Logan Marketing does not broker landscape material, as listed on the UDBE Commitment exhibit. The City would like to thank you for your time and interest in the Bristol Street North Landscape Improvements project. Should you have any further questions regarding this contract, please feel free to contact me at (949) 644 -3323. Sincerely, ( Iris Lee, P.E., T.E. Senior Civil Engineer 3300 Newport Boulevard • Post Office Box 1.768 • Newport Beach, California 92658 -8915 '1'eleplione: (949) 644 -3311 • Fax: (949) 644 -3318 • aRvw.city.rrei3port- heach.ca.us CITY'OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRISTOL STREET MORTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4301 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ten percent of the total amount of the bid Dollars ($ toe! 1, to be paid and forfeited to the City of Newport Beach if the bid 'proposal of the undersigned - Principal for the construction of BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS, Contract No. 4301 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the data of the mailing.of 'Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that 'the dealh'of any such Principal shall not exonerate the Surety irom Its obligations under this Bond. Witness our hands this M ,. day`o January 2012. Green Giant Landscape, Inc. Name of Contractor (Principal) AuthorVed SignatureiTNe PREsI paNT Philadelphia Indemnity Insurance Company J. ��i `A An �.� -` `Y't[r. Name of Surety Authorized Agent Signature 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety 818- 333 -5195 Telephone Linda D. Coats, Attomey -in -Pact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California-- County of I Cl O IT � �J personallyappeared f- before me , �_ /J 776V7CP.('� b�dz GCr�tC) a_-, t �i' /�/ �� /(Flare insert nK- /4dddcofJcoai er) L �fy�[� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/hentheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is we and correct. ••:_fit. ROSIE TOLEDO WITNESS m ITz'd o 1 al eal. m COMM. # 1913342 z y ? NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY C .My Comm. Expkes NoY (Noury S Si n rc ofN Cary ublic ADDITIONAL OPTIONAL INFORMATION DBSCT OF THE ATTACHED DOCUMENT - the or desciiptiot %ftaached document) (Fine or description ofattaehed document continued) Number of Pages_ Document Date (Additionat information) CAPACITY CLAIMED BY THE SIGNER 014Corporatc Officer (Tide) ❑ Partner(s) ❑ Allorney -in -Fact ❑ Trustee(s) ❑ Other 2008Vemion CAPAvt2,10.07800.873 -9865 svwsv.NomryClassce.com INSTRUCTIONS FOR COMPLETING THIS FORM Any ockowledgaim completed in Caltfonala meat contain verbiage exactly as appears above In the notary section or a separate ack,"leQgmeni font matt be Imepnly completed and attached to that document The only exception Is if a document is a br recorded outside ofCutfomla. In such instances, any ahernadvu ackmwledgment verbiage as may be printed on such a dncsrment m long os the verbiage does rot require tie rulary to do something dot is dlegal for a notary In California fie. Beni &irrg the authorized c rpoci {v of the signer). Pleare check the document wrefulfyfor proper nmtarid wording amt attach ouriarm Enquired. • Steme and Counly information mast he the slate and County where the document signer(s) personally appeared before the unary public for acknowledgmenL • Date of notarization must be the date that die signer(s) personally appeared which must also be the same date the acknowledgment is completed. • Ilia notary public most print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document sigrum(s) who pereonally oppose of the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. haishe/dwy, blare) or circling Ne comeat farms. Pailum to correctly indicate this information cony lead to rejection ofdocumem recording • Ilia notary, seal impression must be clew and photagmphicully reproducible. Impression must not cower text or noes. Ifseel impression smudges• gaseai ira sufficient area permits, ou erwise complete a different acknowledgment form. • Signature of the notary public must match the signalman an fJe with the office of the county clerk. Addidnral information is not required but could help to ensure this acknowledgment Is not misused or attached to a different ducment. Indicate title or type of Batched document, number of pages and date. J Indicate the capacity claimed by the signer. If the claimed capacity is a corporate affect, indicate the Lido (i.a CEO, CFO, Secretary). • Securely nnach Ws document to the signed document CALIF®RNTIA ALL- PURP ®SE ACKNOWLIED State of California County of Orange On l )/11')l1 / +v',4 d2., ` %'l 7- before me, Adelaide C. Hunter, Notary Public J (insert name and tide ofthe officer) personally appeared Linda D. Coats who proved to me on the basis of satisfactory evidence to be the persons) whose names) is /are subscribed to the within instrument and acknowledged to me that hefshrAhey executed the same in hisAter /their authorized capacity(ies), and that by his/hen'their signaturcH on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and'correct. WITNESS my hand and official seal. Signature A- 61 m`'" _. ADELAIDE C. HUNTER �'+�'(: �'�• Cununisslon # 1808799 en 3 Notary Public -- Cailtomia a s - ' Orange County � My Comm. Expires Aug 0. 2012 mroararav tr�uc�a� M" WO CrIv M ro Uk MIDA C I'L = � L, � I �City of Newport Beach NO. BA- 12BA-027 BUDGET AMENDMENT 2011-12 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $316,900.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance To increase revenue & expenditure appropriations due to award of Transportation Enhancement funding from the Department of Transportation for the Bristol Street North Landscape Improvements project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund /Division Account Description 250 4880 Contributions Fund - Federal Highway Funds EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contribution Account Number C2002028 Landscape Improvement on Bristol Division Number Account Number Division Number Account Number Division Number Account Number Signed: J ,qf nC ' �- VA �JV Fin cial Appro I: Finance Director Signed: � L tU_/ Approval: City $316,900.00 $316,900.00 Automatic System Entry. a.7. i I-?, Date 34--7/17- Date Signed: City Council Approval: City Clerk Date