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HomeMy WebLinkAboutItem 12d - Baseball Field Bleacher ProjectBaseball Field Bleacher Project January 17, 2023 Page 1 of 3 DATE: January 17, 2023 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: Michael Kwok, Associate Civil Engineer SUBJECT: CONTRACT WITH ACE CONSTRUCTION, INC. FOR THE BASEBALL FIELD BLEACHER PROJECT IN THE AMOUNT OF $866,000.19 CEQA: Exempt Recommendation: Approve SUMMARY The City of Arcadia’s 2017 Parks Master Plan identified and prioritized various improvements for the growth and development of the City’s parks. The Fiscal Year 2022- 23 Capital Improvement Program allocated funding for the construction of new bleachers and shade canopies at Hugo Reid Park, Longden Avenue Park, and Bonita Park. To ensure that the City is receiving the most competitive prices and quality service for this work, a formal bid was conducted. Ace Construction, Inc. submitted the lowest responsive bid. It is recommended that the City Council approve, authorize, and direct the City Manager to execute a contract with Ace Construction, Inc. for the Baseball Field Bleacher Project in the amount of $866,000.19, and approve a 9% contingency. BACKGROUND On August 1, 2017, the City Council adopted the Parks Master Plan, which is a guiding policy document that provides recommendations for prioritizing future recommendations for growth, development, and implementation strategies related to parks and recreation facilities. The recommendations proposed were based on a detailed assessment of community demographics, community needs, existing conditions of recreation and parks facilities, and effectiveness of the various recreation and community services programs. These recommendations were prioritized on a four-tier basis, depending on their degree of need, with Tier 1 being of highest priority and Tier 4 the lowest priority. Tier 1 recommendations are critical projects necessary for maintaining and improving existing program operations, replacing aged infrastructure, and providing additional park enhancements for continued enjoyment and safety. Baseball Field Bleacher Project January 17, 2023 Page 2 of 3 The Master Plan identified approximately $10 million in Tier 1 improvements and recommended that the City implement them as soon as possible. The installation of new bleachers and shade canopies at Hugo Reid Park, Longden Avenue Park, and Bonita Park are listed as Tier 1 improvements in the Parks Master Plan. A copy of the Project Location Map is shown on Exhibit “A”. The bleachers and canopies would generally look similar to those installed at the City Hall Soccer Field several years ago. In August 2022, the City published a Notice Inviting Bids for the Baseball Field Bleacher Project. On August 23, 2022, the City Clerk received four bids. On the day of the bid opening, the Public Works Services Department (“PWSD”) received a letter from the lowest bidder, Premier Construction Consultants, requesting their bid to be withdrawn due to a clerical error; all other bids were reviewed. During the evaluation process, the City received a bid protest from the fourth lowest bidder, Armond Baghramian Inc. stating that Golden Sun Enterprise, Inc. and ACE Construction, Inc. did not meet the project’s self- performance requirement. The project specifications stated that the awarded contractor must self-perform 50% or more of the project work. The bid protest indicated that the second and third lowest bidder’s subcontractors were performing more than 50% of the project. The fourth lowest bidder, Armond Baghramian, Inc. exceeded the project budget. After discussing with the City Attorney, the PWSD recommended that all bids be rejected to allow for the bid documents to be revised to omit the self-performance requirement. On October 18, 2022, the City Council rejected bids for this project and directed staff to re- bid the project. DISCUSSION A Notice Inviting Bids for the Baseball Field Bleacher Project was published in the City’s adjudicated newspaper and bid packages were provided to contractors that perform this type of work. On November 29, 2022, the City Clerk received seven bids with the following results: Bidder Location Bid Amount____ ACE Construction, Inc. North Hollywood, CA $ 866,000.19 Hart Design Build Inc. Glendale, CA $ 872,000.00 Golden Sun Enterprise, Inc. Van Nuys, CA $ 902,777.00 Armond Baghramian, Inc. Glendale, CA $ 950,584.00 Access Pacific, Inc. Pasadena, CA $ 965,002.04 MCM Construction, Inc. Los Angeles, CA $ 982,522.44 NoHo Constructors Studio City, CA $ 997,360.00 Bid documents were reviewed for content and the contractor’s background was investigated. Based on the review, it has been determined that ACE Construction, Inc. is the lowest responsive bidder for this work. ACE Construction, Inc. has successfully completed other projects for the Cities of West Covina and Alhambra, along with the Los Angeles Unified School District. Baseball Field Bleacher Project January 17, 2023 Page 3 of 3 ENVIRONMENTAL ANALYSIS This Project is considered a Class 1 exemption as defined in Section 15301 “Existing Facilities” projects of the California Environmental Quality Act (“CEQA”), which exempts projects consisting of the minor alteration of existing public structures. FISCAL IMPACT Funds in the amount of $950,000 have been budgeted in the FY 2022-23 Capital Improvement Program for this project. The total cost for this Project is $866,000.19. A 9% construction contingency would bring the total cost to $943,940.21, which is within the adopted budget. RECOMMENDATION It is recommended that the City Council determine that this project qualifies as a Class 1 exemption per Section 15301 of the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute a contract with ACE Construction, Inc. for the Baseball Field Bleacher Project in the amount of $866,000.19, and approve a 9% contingency. Attachments: Exhibit “A” – Project Location Map Proposed Contract CITY OF ARCADIA BASEBALL FIELD BLEACHER PROJECT PROJECT NO.: 55851423 BETWEEN CITY OF ARCADIA AND ACE CONSTRUCTION, INC. CONTRACT Contract - 1 CONTRACT FOR THE CITY OF ARCADIA This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between City of Arcadia, sometimes hereinafter called “City,” and Ace Construction, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: A. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Baseball Field Bleacher Project Project No.: 55851423 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. B. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 70 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. C. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of EIGHT HUNDRED SIXTY- SIX THOUSAND DOLLARS AND NINETEEN CENTS ($866,000.19). Payment shall be made as set forth in the General Conditions. D. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Special Conditions, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. E. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Contract - 2 Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. F. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. G. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. H. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Contract - 3 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF ARCADIA By: Dominic Lazzaretto City Manager ACE CONSTRUCTION, INC. By: Signature Print Name and Title Attest: By: City Clerk By: Signature Print Name and Title Approved as to Form: Michael J. Maurer City Attorney