HomeMy WebLinkAboutAGENDA REPORT 2010 0901 CC REG ITEM 09EITEM 9.E.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of
MOORPARK CITY COUNCILACTION: a
AGENDA REPORT
TO: The Honorable City Council
FROM: Allen M. Walter, Parks and Landscape Superintendent !-�J
DATE: August 26, 2010 (CC Meeting of September 1, 2010)
SUBJECT: Consider Rejection of Lowest Bidder, MACCOR Construction,
and Approve Selection and Award of Contract to Second
Lowest Bidder, Bottenfield Construction, for Glenwood Park
Restroom Construction
SUMMARY
At the December 16, 2009, City Council meeting, Council approved staffs
recommendation to proceed with a conventional design and construction plan of
restrooms at Glenwood Park. Council also authorized the City Manager to
execute an agreement with Martinez Architects for the architectural design
services and PICON, Inc. (Phil Vein) for pre- construction coordination,
construction, and closeout services.
At the June 16, 2010, City Council meeting, the Council authorized solicitation of
bids for construction of the new restroom facility. The Council is now being asked
to award a contract to the second lowest qualified bidder.
DISCUSSION
On August 3, 2010, the City Clerk received and opened sealed bids for the
Glenwood Restroom Project. Five (5) sealed bids were received by the City
within the prescribed submission time period. All bidder proposals received met
the bid requirements to attend the pre- construction conference and to include bid
bonds or cashiers checks in the proposal submittal.
21A
Honorable City Council
September 1, 2010
Page 2
The submitted construction bids are as follows:
Bid Order
Bidder
Total Bid Price
1
MACCOR Construction
$193,000
2
Bottenfield Construction
$238,910
3
Malibu Pacific Tennis Court, Inc.
$249,940
4
Public Works Construction
$258,850
5
SBS Corporation
$264,376
The City satisfied competitive bid requirements by using the standard bid
process. Construction cost proposals were accepted from single general
contractors that could inclusively provide restroom building construction, site
work, and all utilities. Managing all of the work with a single general contractor
lessens any construction conflicts and the potential for change orders.
After the City accepted the bid proposals, the lowest recorded bidder was
MACCOR Construction with a bid of $193,000. After a review of MACCOR
Construction's bid proposal documents, it was found that MACCOR was not
responsive to the licensing requirements or the reference requirements of the bid
documents.
Licensing Requirements
The review of MACCOR Construction bid documents revealed that MACCOR
Construction, California State Contractor License number 912642 is a Class B
General Building Contractor License for structure work. This License does not
allow for work within the City right -of -way. The selected contractor must access
the right -of -way (Harvester Street) for restroom sewer connection.
The Glenwood Restroom plans, page C.1, note #26, denotes work within the City
right -of -way requiring approval from the City and Ventura County Waterworks
District #1. The City requires Class A, C -36 or C-42 licensed contractor or
subcontractor to work in the right -of -way. The Ventura County Waterworks
District #1 will not issue a permit without a Class A, C -36 or C-42 license to a
contractor or subcontractor to work in the right -of -way. MACCOR Construction's
License did not fulfill this requirement, and their subcontractor list does not
include a contractor with the Class A License.
MACCOR Construction's Class B License does not allow for C -27, landscape
and irrigation work, and no C -27 subcontractor was listed to perform this work
(per Technical Specifications, Section 02810, Part 1, subsection 1.02 E).
SACommunity Services\ADMINISTRATIVE \CC Reports\2010 \9 -1 -10 Glenwood Restroom Bids.doc 21 B
Honorable City Council
September 1, 2010
Page 3
Reference Requirements
Bidder qualifications required MACCOR Construction to provide at least three (3)
references from owner contracted public projects, with a value of $500,000 or
more and one similar Public Project in which the bidder was the entity submitting
the proposal. The references included in the bid by MACCOR did not include the
references required by the bid documents. For that reason, City staff is
recommending that the City Council reject the MACCOR bid as non - responsive
to the bid documents.
If the City rejects the MACCOR Construction bid, then the next lowest bidder
may be selected. Bottenfield Construction is the next lowest bidder at $238,910,
which exceeds MACCOR's bid by $45,910. The comparison is as follows:
Glenwood Park Restroom Estimated Total
Description
MACCOR
Bottenfield
Construction and Site Work
$193,000
$238,910
Architect and Project Coordination Services
$ 41,200
$ 41,200
Permits and Fees (Water, Sewer, CIC)
$ 22,200
$ 22,200
Project 10% Contingency
$ 29,000
$ 29,000
Estimated Restroom Construction Total:
$285,400
$331,310
The Bottenfield Construction proposal documents were reviewed for bidder
qualifications and compliance. All of the documents complied with the Project
Manual and Specification requirements and appropriate California State
Contractors licenses for both prime contractor and subcontractors. Bottenfield
Construction listed public sector projects at several school districts with contracts
over $500,000. Bottenfield Construction has submitted a responsive bid.
FISCAL IMPACT
Glenwood Park is within Park Improvement Zone III. The estimated cost of the
project included in the City's FY 2009/10 Capital Improvement Budget is
$246,696. If Bottenfield's bid is accepted, the project cost will exceed the budget
by $84,614.
If the City Council awards the contract to Bottenfield, the additional $84,614
needed to complete the project is within Park Improvement Zone III revenues
(developer fees). At the end of FY 2009/10, Zone III had a fund balance of
$353,413, sufficient to cover the additional cost.
SACommunity Services\ADMINISTRATIVE \CC Reports\2010 \9 -1 -10 Glenwood Restroom Bids.doc 21 C
Honorable City Council
September 1, 2010
Page 4
STAFF RECOMMENDATION
Reject the bid of MACCOR Construction as
reference requirements, award the contract
Bottenfield Construction, and authorize
Agreement with Bottenfeld Construction
construction, subject to final language app
Attorney.
non - responsive on the licensing and
to the next lowest qualified bidder,
the City Manager to execute an
for the Glenwood Park Restroom
roval of the City Manager and City
Attachment A: Agenda Report authorizing bid process
SACommunity Services\ADMINISTRATIVE\CC Reports\2010 \9 -1 -10 Glenwood Restroom Bids.doc 21
ATTACHMENT A
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Allen M. Walter, Landscape /Parks Maintenance Superintendent
DATE: May 4, 2010 (Meeting of June 16, 2010)
SUBJECT: Consider Glenwood Park Restroom Construction Plans and
Specifications
SUMMARY
At the December 16, 2009, City Council meeting, Council approved staffs
recommendation to proceed with a conventional design and construction plan of
restrooms at Glenwood Park. Council also authorized the City Manager to
execute an agreement with Martinez Architects, Inc. for the architectural design
services and PICON, Inc. for pre- construction coordination, construction, and
closeout services.
Martinez Architects and PICON have developed a construction design and
specifications for the Glenwood Park restrooms. The Council is now being asked
to approve construction designs and specifications, and authorize solicitation of
bids for construction of the new restroom facility.
DISCUSSION
The City's Fiscal Year 2009/10 Capital Improvement Budget includes $260,000
for construction of a public restroom at Glenwood Park. With a ten percent (10 %)
contingency, the restroom project total estimate is $323,080.
Martinez Architects and PICON have prepared the construction design and
specifications for a 380 square foot restroom at Glenwood Park. Construction
and required amenities will adhere to the Americans with Disabilities Act (ADA)
requirements. The restroom will contain City park restroom standard amenities.
The women's restroom contains two toilets (one ADA accessible), the men's has
one toilet (ADA accessible) and one urinal, plus sinks and hand dryers. The
storage area was eliminated to reduce construction cost and will not affect use or
function of the restroom.
21E
Honorable City Council
June 16, 2010
Page 2
The City has completed the soils test and the civil engineering and utility plans
for the restroom at Glenwood Park. The City electrical contractor has provided
provisions to protect the shared power source conduit added to the power
electronic marquee sign and the proposed restroom. Measures are in place to
prevent long -term interruption of the marquee sign during construction and
conversion of the shared conduit power source. The estimated construction
period will be 75 days, excluding weekends and holidays, following issuance of
the "Notice to Proceed."
FISCAL IMPACT
Glenwood Park is within Park Improvement Zone III; therefore, the restroom
project is funded by Zone III revenues (developer fees). The project cost estimate
is $323,080 as seen in the table below.
As a reminder, this fund is projected to have a positive fund balance of about
$258,000 on June 30, 2010. The total budget allocation for Zone III in FY
2010/11 is about $336,000. If all is built in FY 2010/11, this fund is projected to
have a negative fund balance of approximately $75,000 on June 30, 2011. We
have not projected receipt of any developer fee revenues for FY 2010/11 for
Zone III and don't anticipate any for about three years.
Glenwood Park Restroom Cost Estimates
Description
Cost Estimate
Construction and Site Work
$230,680
Architect and Project Coordination Services
$ 41,200
Permits and Fees (Water, Sewer, CIC)
$ 22,200
Project 10% Contingency
$ 29,000
Total
$323,080
The City will satisfy competitive bid requirements by using the standard bid
process. Construction cost proposals will only be accepted from single general
contractors that can inclusively provide restroom building construction, site work,
and all utilities.
With the City Council's approval of construction designs and specifications, staff
will proceed with bid solicitation for Glenwood Park restroom construction. After
receiving construction bids, staff will return to the Council to award a construction
contract to the lowest qualified bidder. At that point, staff will present a
recommendation, and possibly a loan request, from another fund.
21F
SACommunity Services\ADMINISTRATIVE \CC Reports\2010 \6 -16 -10 Glenwood RR.doc
Honorable City Council
June 16, 2010
Page 3
STAFF RECOMMENDATION
Approve the design and specifications for restrooms at Glenwood Park and
authorize bid process.
SACommunity Services\ADMINISTRATIVE \CC Reports\2010 \6 -16 -10 Glenwood RR.doc 21 G
AUG -13 *2005 09:37A FROM:
MACC0R. C0K TWCn0N
805 -551 -5211 or 805 - 585 -9001
FAX 7VAN5MITTAL FORM
To: Mr. Steven Kueny
Mr. Allen Walter
Mr. Hugh Riley
Company: CITY OF MOORPARK
Date Sent: August 30, 2010
Phone: 517 -6200
Fax: 523 -8835 and 532 -2550
Message:
TO:5322550 P.1
ITEM 9.E.
Number of Pages: 9
�ECEIVEf�
AUG 2010
CITY CLERK'S DIVISION
CITY OF MOORPARK
Written Wsponse to your Recommendation and deeming our firm
"non - responsive"
Maccor, Inc.
Camarillo OFFice
1755 Pancho Road
Camarillo, CA 93o12
Thank you
ALJG -13- -2005 09:37A FROM: TO:5322550 P.2
MACCOR CONSTRUCTION
State Contractors License #912642
1755 Pancho Road Camarillo, California 93012
Phone No. 805 -585 -9001
SBDVBE CERTIFICATION #53361
"Small Business Disadvantaged Veteran Business Enterprise"
City of Moorpark
City Manager
Mr. Steven Kueny
799 Moorpark Avenue
Moorpark, CA 93021
Dear Mr. Steven Kueny,
805 -517 -6360
805 -523 -8836
awaiter@d.moorpark.ca.us
As a way of Introduction, please do not construe this letter as insulting the integrity
of your method in arriving at your decision. However, our firm is in complete
Disagreement with the recommendation of deeming our bid non - responsive.
First, I will address your block of paragraphs pertaining to your statement;
"on the subiect of licensing requireinentts"
Although you have made a determination that our firm is not qualified to complete
the Sewer Connection as per the Ventura County Waterworks District #1 and
our license does not allow to complete an C -27 work, Landscape and irrigation.
This Is not completely correct, the listed subcontractor IC Construction has his own
Second Tier Subcontractors that are properly licensed to complete this work.
A "B" license is allowed to Construct "any structure build, being built, or to be built for
the support, shelter and enclosure of persons, animals, chattels, or movable property
of any kind, requiring in its construction the use of at least two unrelated building
trades or crafts, or to do or superintend the whole or any part thereof......"
Therefore, this project has at least 10 unrelated trades, thus allowing the "B"
Contractor to complete this project (See Contractors Board License Classification)
Thus , it is my opinion that our firm has met this requirement by way of our own
License or under our listed subcontractors own contractors which I know he has
an "A" License Contractor fnr the sewer tie-in and a Landscape Contractor, this is
why they were listed under there portion of work to be completed on the bid.
AUG-13 -2005 09:37A FROM: TO:5322550 P.3
Now, on your statement;
"On the subfect of reference requirernents"
This Is a very discerning and ambiguous requirement from the stand point of
a tax paying Citizen and Contractor.
As you are aware, "The purpose of requiring governmental entities to open the contracts
Process to public bidding is to eliminate favoritism, fraud and corruption, avoid misuse of
Public funds and xUrnuLne aMMOINNIM Madmt glace
In my opinion when you implement a list of subjective requirements as bidder
Qualifications on such a small project, you, In essence are eliminating the
opportunity to small contractors and actually wasting taxpayer money by
favoring the larger contractor that usually has much more overhead and uses
more of a "paper contractor" mentality. Whereby, they do minimum "In- House ".
This is very apparent by way of our Bid, the Next bidder was almost $50,000 more
expensive than our bid. This extra money could buy a lot of Supplies for a School
or ADA ramps throughout the City..
On a normal basis, most public entities , for projects over $500,000.00 will create
Pre - qualification procedures under Public Contract Code section 20111.5, Section 201010 (a),
Section 201010 (b) and Secdon 20101(d) which would extend a contractor
"an appeal procedure, by which a contractor that is denied pre - qualification may
seek a reversal of that determination"
This is usually the way it is done, thus avoiding this waste of time of re- bidding or
giving the contract to the second low bid which Is $50,000 more expensive for the
Same project. The listed bidder qualifications can be interpreted differently and
Review is subjective to the individual dedding.
Our firm carries all the appropriate insurances, Licenses by definition of the California
Contractors license Board.. Bonding capacity in excess of $1,000,000.00 which protects
the City of Moorpark against any substandard performance of the Contract
and any claims for Labor or Materials.
AUG -13 -2005 09:38A FROM:
TO: 5322550 PA
In conclusion, I am sure that your terms listed In the Specification allows you to
make this determination. My concern and I guess In a nut -shell of greater importance,
If you Intend to Qualify a Bidder as you have, you are doing an injustice to the
taxpayer and smaller contractors which are just if not more qualified of completing
these projects because of the mere fact that many trades are completed In -house
resulting in better prices and higher quality control.
Thus, our firm respectfully requests that you re- evaluate or a minimum share
these facts with the City Council and place it on record so that In the future,
the above considerations can be implemented into future projects to ma)dmine
taxpayer dollar; Specificalily, Formal prequalification under public code,
not as stringent of requirements for small contracts (no other cities do this as
Far as I know) and a formal ruling from the Stage License Board on Ilcense
Classification allowances.
Again, please reconsider your position by further investigation of the facts and
Deem our bid as RESPONSIVE and award our firm the contract.
Respectfully submitted,
Authored by Mr. Michaels and Mr. Cortinez
James T. Cortinez
Vice President
Attachments: 1) Letter sent to City of Moorpark qualifying or company
And answering the questions of PICON. (3 Pages)
2) Contractors Board definition of "B" License (1 Page)
CC: Robert MacKJnnon
There is no provision in the law that mandates the requirement that our firm needs
To list the conb acbors that our subcontractors Intend to use on public works projects.
AUG -13 -2005 09:38A FROM:
August 27, 2010
TO:5322550 P.5
Parks and Reemation Department
M Moorpark Averure, Moorpark CWftrb NMI (SOM 517-OW !a ceo6} s32 ,2650
VIA FAX TO 809 - 3844=3 and U.S. MAIL
Julian Michaels
MACCOR Construuctlon
1755 Pancho Road
Camarilio, California 93012
Also mulled to:
MACCOR Construction
5235 Mission Oaks Blvd., #546
Camarillo, California 93012
Re: City of Moorpark — Glenwood Park Restroom Project
Dear Mr. MicNW&:
The City has received the bid from MACCOR Construction (` MACCOR") on the above
referenced project
The MACCOR bid appears to be non - responsive to the bid documents due to failure to provide
the necessary licenses and re%rancss required by the bid documents.
On the subject of Itcensing requirements, MACCOR Construction, Capfomis State Contractor
License number 912642 is a Class B General Building Contractor License for structure work.
This License doss not slow for work wkW the City right-of -way. The selected contractor must
access the right- of-way (Harvester Strad) for restroom sswar connection.
The Glenwood Restroom qWs, page C.I. rAAs #28, denotes work within the City right -of way
requiring approval from the City and Venture County Wsterwortcs District #1. The City requires
Class A. C -38 or C42 kensed contractor or subcontractor to work in the right -of -way. The
Ventura County Waterwoft District 01 will not issue al permit without a Cuss A, C -36 or C-42
license to a contractor or subcontractor to work in the right -of -way. MACCOR CoWnmbon's
License did not fulfill this regWrement, and your subcor>Rr'aator list does not include a contractor
with the Class A Cleanse.
MACCOR Construction's Class B Lkwm does not allow for C-27, landscape and Irrigation
work, and no C -27 subcontractor was listed to perform this work (per Technical Specifications,
Section 02810, Part 1, subsection 1.02 E).
On the subject of reference requirements, the bid documents required that the bidder Net at least
three owners contracted with on public projects with a value of X500,000 or more underta lw
since January 2006. This bid documents also required bidders to list at feast one similar Public
Project, with similar structure and amenities, in excess of 3500,000 since January 2006, In
JANICE S. PARVIN ROSEANN MgC08 KITH F. MUMOUSE DAVID POUOCK MARK VAN DAM
Mayor Mayor Pro Tan Counailrrwrlw Coundiftn ter Coundlmambw
TAA F%
AUG -13 -2005 09:39A FROM: TO:5322550 P.6
MACCOR Construction
Page 2
Southern Califomia, satisfactory to the owner of the project In which the project work must have
been done as the entity sWxMng the proposal.
The bid by MACCOR submits three references In the bid form and another seven references in
on attachment, for a total of tarn mfaronces. No public agency is identiiriW in references 1 and 3
of the bid form or in references 2, 9, 5, 8 and 7 of the attachment. Reference 2 on the bid form is
for $287,000 and reference 1 on the attachment Is for $200,000, which are both less than the
$t30o,000 threshold. Referenos 4 on the attachment does not ghro the year or amount of the
contract. Thera Is no ktdicatlon of whether MACCOR Is the general contractor on any of the
reforenoea_ None of the references appear to be similar to the Glenwood Park restroom project.
For the above reasons, City staff Intends to reoommand that the City CouncH reject the
MACCOR bid as non- rosponsive, and this recommendation will be consrdered by the City
Council at its meeting on September 1, 2010, at 7:00 p.m. in the Council Chambers of the
Moorpark City Nall located at 799 Moorpark Avenue, Moorpark, California. If you wish, you may
submit a written response to this letter, which must be addressed to the undersigned by August
30, 2010, at 5:00 p.m., and it will be made available to the City Council, andfor you may appear
at the City Council meeting on September 1, 2010.
Thank you for your cooperation.
Sincerely,
Steven Kueny
City Manager
Q Hugh Riley, AsshWd City Manager
Allen Walter, Parks and Landacape Superintendent
Joseph Montes, City Attorney
PICON, Inc,, Project Consultant
AUG -13 -2005 09:39A FROM: T0:5322550 P.7
MACCOR CONSTRUCTION
State Contractors License #912642
1755 Pancho Road Camarillo, California 93012
Phone No. 805 - 585 -9001
SBDVBE CERTIFICATION #53361
City of Moorpark
Parks and Landscape Superintendent
Mr. Allen Walter
799 Moorpark Avenue
Moorpark, CA 93021
Dear Sirs,
805- 517 -6360
805- 523 -8836
awalter@ci.moorpark.ca.us
This letter will confirm that our firm has a three tier "check - valve" system during
The bidding process that includes our Field Management,, Office Management,
Estimating Department and the Officers of MACCOR, whereby, our bids and all
Requirements and contract conditions are reviewed and implements into the
Bidding process.
Our firm , Maccor, is very comfortable and confident that our bid submission is
Is complete, accurate and qualified to complete the project to meet and exceed
All building code , local and specification requirements to render a quality project
For all trades and classifications associated with the project known as
"Glenwaad Park ftga an ft= on and off s& L=mk menbs, Sauk AM-2010-1 if
In addition to listing the subcontractors for specific trades, our firm MACCOR is
Qualified, experienced and capable In completing all of the following aspects of
This project with its' own "in- house" forces;
1. Division 15 - Mechanical
a. Sections 15010, 15050, 15080, 15400 and all related Items of work -- This is inclusive
of all the specific tasks , such as, copper lines, cast iron , etc. associated with the
Completions of all the plumbing Items on this project.
2. Division 8- Doors & Windows
a. Section 8110- Hollow Doors and Frames- Our Arm employs both Finish
AUG -13 -2005 09:398 FROM:
TO:5322550 P.8
And rough carpenters that are very qualified to install any type of door.
3. Division 3- Concrete
a. Sections 03100, 03200, 03300- Our firm has under its employ Cement Masons,
Steelworker and Form setters that are qualified and experienced to complete
All aspects of concrete Including, but not limited to; Structual, Piers, Foundations,
Sidewalks, Curb- Gutter, Curbs, Handicap ramps and any work supplemental
and /or incidental to concrete work.
4. Division 2- Site Work
a. Our firm completes all soft and Heavy Demolition In -house -- Our firm owns
2 Excavators, bad mAes, jack- hammers, bobcats, etc.... to complete such
Items with very well qualified operators un our employ.
As per your inquiring regarding Asphalt Paving and Striping; our firm employs
Several individuals that have worked for such companies as Granite, R&H Paving,
J &H Engineering.
In dosing, the principles of MACCOR have assembled a very well - rounded, highly
Experienced group of individuals from all dedpiines of the construction field.
Maccor is not at all Interested in "playing" paper contractor leaving all responsiliblites
And liabilities to subcontractors. The philosophy Is that, "Quality Control and compliance"
Is a hands -on duty, . In addition, compliance under Government work requires at
Least 50% of the work to be completed is by the prime (I realize certain agencies
Fluctuate with this percentage).
Therefore, our firm will complete this project in a manner that will comply and
Exceed all standards in accordance with the General Conditions, Specific Conditions,
All Building codes and laws in the Building Industry and all requirements set forth
Under the City of Moorpark contract documents.
Thank you for your courtesy and much hoped for contract award.
Respectfully submitted,
Authored by: James Cordnez and Michael Duran
AUG -13 -2005 09:40A FROM: TO:5322550 P.9
License Classifications - Contractors State License Board Page 1 of I
Department of Consumer Affairs
Contractors State Li ' e�oard
B - General Building Contractor
Business A Professions Code
Division 3, Chapter 9. Contractors, Article 4. Classifications
7067. (a) Except as provided in this secdion, a general buDding contractor is a contractor whose prindpal
contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and
enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construdon the use of at
least two unrelated building trades or crafts, or to door superintend the whole or any part thereof.
This does not Include anyone who merely Urishes materials or supplies under Sedan 7045 without fabricating
them into, or consuming them in the performance of the work of the general building contractor.
(b) A general building contractor may take a prima contract or a subcontract for a framing or carpentry project.
However, a general building contractor shall not take a prime contract for any project involving trades other than
framing or carpentry unless the prime contract requires at least two unrelated building trades or rifts other than
framing or carpentry, or unless the general building contractor holds the appropriate license classification or
subcontracts with an appropriately licensed specialty contractor to perform the watt. A general buik9ng contractor
WWI not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at
least two unrelated trades or craft other than framing or carpentry, or unless ire general buNding contractor holds
the appropriate license claseritcatlon. The general building contractor may not count framing or carpentry in
calculating the two unrelated trades necessary In order for the general building contractor to be able to take a
prime contract or subcontract for a project involving dither trades.
(c) No general building contractor shall contract for any project that includes the "C-16" Fire Protection
classification as provided for In Section 7026.12 or the "G57" Well Drilling classification as provided for in Section
13750.5 of the Weber Code, unless the general building contractor holds the specialty, license, or subcontracts with
the appropaabely licensed specialty contractor_
(Amended by Stats. 1997, Chapter 812 (S8 857).)
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