HomeMy WebLinkAboutStaff Report 3.C 8/4/2014DATE: August 4, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
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FROM: an Jo .ASCE — Director, Public Works & Utilities
LD�immer, P.E. — Capital Improvements Division Manager
SUBJECT: Resolution Authorizing Award of Contract for the Various Locations Rock Slope
Protection Project
RECOMMENDATION
It is recommended that the City Council approve the resolution authorizing the award of contract
for the Various Locations Rock Slope Protection Project.
BACKGROUND
During the storm event of December 2005 to January 2006, excessive rains caused high velocity
flows in Petaluma River and other creeks. The incident scoured riprap under a 60"corrugated
metal pipe to the Petaluma River at the Turning Basin that collects storm drainage from the B
Street neighborhood out fall; the embankment of the Old Redwood Highway Bridge abutment;
the embankment of the Washington creek near Noriel Trail; and a portion of river bank near
Copeland Pump Station.
This contract work for four project locations is described below:
1. B Street 60" CMP Outlet Rio Ran Erosion Renair - F00111806/PWI 118:
Excavation and placement of rock slope protection on bank of the Petaluma River around
the outlet of a 60 inch culvert. A temporary cofferdam will be installed around the project
site to facilitate, dewatering of the existing culvert flows by the contractor.
2. Rin Ran Repair below Old Redwood Hiehwav - F00127706/PW1277:
Excavation and placement of rock slope protection on the abutment slopes under the Old
Redwood Highway Bridge in the City of Petaluma. A temporary cofferdam in the
Petaluma River and erosion control will be implemented during construction.
3. Noriel Trail Embankment and Storm Drain Outlet Repair - F00242006/PW2420:
Excavation and placement of rock slope protection on the stream embankment at one
location upstream of the Noriel Lane walk bridge and two culvert outlets on the
Agenda Review:
City Attorney Finance Director City Man er i
downstream side of the bridge, together with miscellaneous permanent erosion control
and riparian planting measures.
4. Rock Slone Protection at Coneland Sewer PumD - F00332906/PW3329:
Excavation and placement of rock slope protection on bank of the Petaluma River and
installation of a temporary cofferdam in the Petaluma River and temporary erosion
control.
The above projects were approved for Federal Emergency Management Agency (FEMA)
funding to mitigate flood damage.
DISCUSSION
The project will include excavation and placement of rock slope protection on the banks at
various locations and all work incidental to it, i.e. building temporary cofferdams and providing
erosion control measures.
The Notice Inviting Bids was advertised on June 24, 2014 and on July 3, 2014; two (2) bids were
received as follows:
Name of Bidder
Bid Total Comments
1. Coastside Concrete
$433,910.00 Lowest Responsive Bidder
2. Team Ghilotti, Inc.
$525,870.00
Engineers Estimate
$385,000.00
The lowest responsible and responsive bidder, Coastside Concrete, has performed various street
projects for the City of Petaluma. Staff verified that Coastside Concrete possesses a valid Class
A, B and C-8 California Contractor's License, license number 908693, which expires on January
31, 2016 which qualifies Coastside Concrete to perform the work.
A formal protest letter (attached), dated July 21, 2014, has been received from Team Ghilotti Inc.
The basis of their protest is that Coastside Concrete did not list a "Pile Driving" subcontractor in
their bid. Team Ghilotti Inc. contends that Coastside Concrete does not demonstrate a
competency in completing projects of similar size and complexity. Team Ghilotti also contends
that Coastside Concrete has seven (7) years of contracting experience under their current
business name and not 10 years as mentioned in the Bid forms.
In their response letter (attached), dated July 22, 2014, Coastside Concrete contends that they
will be self -performing the "Sheet Piling / Cofferdam" item and are capable of doing so. The
Contract Documents do not list any specific qualifications that a contractor must have in order to
be capable of performing this work other than holding a Class `A' Contractors License, which
Coastside Concrete holds. This protest letter has been reviewed by staff and the City Attorney
and has been found not to have merit, and staff recommends the protest be rejected.
Coastside has successfully completed several projects for the City satisfactorily.
Construction is scheduled to begin in August and to be completed by October 15, 2014. It is
imperative that the construction completes before October 15, 2014 as the project involves
working in the creek. It is anticipated that construction management and inspection services will
be conducted by City staff.
The proposed action meets Council Goals: "Plan for and implement priority capital projects as
funding permits."
FINANCIAL IMPACTS
It is anticipated that the work for the Various Locations Rock Slope Protection Project will be
reimbursed by FEMA and Cal/Office of Emergency Services for actual costs of design,
construction management/inspection, and construction. The following table is a breakdown of
estimated total project cost for Various Locations Rock Slope Protection Project:
•O.
*Planning / Environmental,
Design & Salaries/Benefits
Construction Contract (low bid)
Construction Management
Contingency
TOTAL:
Various Locations Rock
Slope Protection Project
Budget
$337,321.73
$433,910.00
$45,000.00
$50,000.00
$866,231.73
*This cost includes total amount spent to date for all four locations and for these phases. These
projects have gone through multiple scope changes, time extensions, and staff changes since
2006 which is why the costs prior to construction are more than we would typically see based on
the construction value.
Once completed, staff will seek reimbursement and project close-out with FEMA.
ATTACHMENTS
1. Resolution
2. Location Map
3. Bid Protest Letter — Team Ghilotti Inc.
4. Bid Protest Response — Coastside Concrete
Attachment 1
RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR
THE VARIOUS LOCATIONS ROCK SLOPE PROTECTION PROJECT
WHEREAS, in accordance with the City of Petaluma Charter and Municipal Code,
California Public Contract Code Section 20162 and other applicable law, City staff prepared
construction bid documents and solicited bids for the Project; and
WHEREAS, the project was advertised on June 24 and July 3, 2014, and two (2) bids
were received and opened on July 16, 2014 in accordance with applicable law; and
WHEREAS, the lowest responsible bid for the Project was submitted by Coastside
Concrete from Santa Rosa, CA for $433,910.00; and
WHEREAS, staff has determined that the Contractor's bid satisfies the bidding
requirements for the Project; and
WHEREAS, staff has verified that Coastside Concrete possesses a valid California
Contractor's License, Class A, number 908693 that qualifies Coastside Concrete to perform the
Project; and
WHEREAS, the Project is categorically exempt pursuant to California Environmental
Quality Act ("CEQA") and Title 14, the California Code of Regulations ("CEQA Guidelines"),
Section 15301, because the project consists of repair and maintenance to an existing public
street; and
NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City hereby:
1. Approves a construction contract contingency of $50,000 and
2. In accordance with the City of Petaluma Charter and Municipal Code, California Public
Contract Code Section 20162 and other applicable law, waives any and all non-
conformance in the bid of Coastside Concrete for the Various Locations Rock Slope
Protection Project, City Project Nos. / FEMA Nos. F00111806 / PW1118, F00127706 /
PW1277 F00242006 / PW2420, F00332906 / PW3329, finds the bid of $433,910.00 to be
the lowest, responsive bid and further finds that Coastside Concrete is the lowest
responsible bidder.
3. Awards the contract for the Various Locations Rock Slope Protection Project, City
Project Nos. / FEMA Nos. 1700111806 / PW1118, F00127706 / PW1277 F00242006 /
PW2420, F00332906 / PW3329 to Coastside Concrete in the amount of $433,910.00, the
amount of the lowest responsive bid, conditioned on Coastside Concrete's timely
executing the project contract and submitting all required documents, including but not
limited to, executed bonds, certificates of insurance, and endorsements, in accordance
with the project bid documents.
4. Directs staff to issue a notice of award to Coastside Concrete
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5. Authorizes and directs the City Manager to execute the project contract on behalf of the
City of Petaluma upon timely submission by Coastside Concrete of the signed project
contract and all other required documents, including but not limited to, executed bonds,
certificates of insurance, and endorsements, in accordance with the project bid
documents.
Attachment 2
VARIOUS LOCATION ROCK SLOPE
PROTECTION PROJECT
PROJECT NO. F00111806 / PW1118, F00127706 / PW 1277
F00242006 / PW2420, F00332906 / PW3329
LOCATION MAP
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Project Sites
$ Various Location
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Team Ghllotti, Inc.
2531 Petaluma Blvd, South
Petaluma, CA 94952
(707)763-8700 phone
(707) 763.8711 fax
(707) 762-1430 estimating fax
www.teamcihilotti.com
RE"El VEE
IUL 2� 2014
CITY CLERK
** ^h^rent 3
City of Petaluma, Attn: John C. Brown.
To: Cc: Coastside Concrete, Ain; Brett Date: July 21, 2014
Sousa
-1 al _ -778- 4 554
707.778.4419 (City of Petaluma)
Fax:
Re:
Pages; 7 Including Cover Sheet
707.843.7983 (Coastside Concrete)
BID PROTEST; Various Locations Rock
Email
Slope Protection Project
❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ please Recycle
Please find allaohed to this cover sheet our bid protest for the Various Locations Rock Slope Protection
Project. Hard copies will be sent in the mail to Coastside Concrete and hand courierad to the City of
Petaluma.
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1 i1t�11�
Cr,�1IrDf�l'in
June 21, 2014
City of Petaluma
Department of Public Works & Utilities
Attn: John C. Brown, City Manager
I 1 English St.
Petaluma, CA 94952 >
Reference: Various Locations Rook Slope Protection Project
City Project Numbers /FEMA Numbers: F00111806/PW I I I8, F00127706/PW1277,
F00242006/PW2420, F00332906 / PW3329
Subject: Protest of Bid Submitted by Coastside Concrete
Dear Mr. John C, Brown,
In accordance with the construction documents, this letter is to notify the City of Petaluma that
we are protesting the apparent low bid of Coastside Concrete for the project referenced above.
Our protest is based on the requirements specified in the instruction to bidders, paragraph 10
Competency of Bidders;
'In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the
financial standing but also to the general campetency of the Bidder far the performance of the
Work covered by the Bid.'
And bid documents, Bidder's Affidavit of Non -Collusion Submitted with Bid:
'[Contractor] hereby declares that: _-all statements contained in the bid arc true.
I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and
correct.'
On page 1 of the bid documents, "Questionnaire and Financial Assurance Statement," of
Coastside Concrete's bid proposal under the second paragraph that states "The Bidder has been
engaged in the contracting business under the present business for _" Coastside Concrete
answered "10" years of experience. Attached to this protest letter is a copy of Coastside
Concrete's contractor's license showing an issue date of January 4, 2008. Coastside Concrete
has seven years of contracting experience under their current business name not 10 years as
submitted in their bid proposal. This inaccuracy in Coastside Concrete's bid misconstrues the
actual years of contracting experience they have under their current business name.
Under the "Questionnaire and Financial Assurance Statement," Coastside Concrete listed three
projects, "2013 Facility Improvement, $500,000,2013 3`' & Cijo's Parking Lot Improvement,
$375,000, and 2013 Roadway Improvements, $500,000" none of which demonstrate a
competency in the size and complexity of the work for which Coastside Concrete submitted their
2531 Petaluma Blvd South * Petaluma, CA 94952 * FAY: 707-763-8711 1 www.TeamGhjlotd.com
STATE CONTRACTORS LICENSE 118953811 CLASS:A
proposal. None of the listed projects demonstrate competency in the construction and placement
of rock slope protection, cofferdams, and / or pile driving. Furthermore, no subcontractor was
listed in their proposal demonstrating competency in these areas. Specifically, the lack of listed
subcontractor with pile driving experience and proof o£ completion ofpile driving projects by
Coastside Concrete demonstrate either a -tack of competency for the scope of work as specified in
the contract documents and/or failure of Coastside Concrete to list a subcontractor with this
experience. As noted in the bid document "List of Subcontractors,":
`In accordance with the provisions of Section 4102 and 4108, inclusive, of the Goverment Code of
the State of California, each bidder shall list below the name and location of place of business of
each subcontractor who will perform a portion of the contract work in excess of one-half of one
percent of the total contract price.'
Due to the inaccuracy and lack of proof of competency for the completion of such work in a
similar nature, size, and complexity on the bid proposal submitted by Coastside Concrete, TGI
respectfully requests that the agency disqualify their bid as non-responsive and award the
contract to Team Gbilotti, Inc. as the low responsive bidder for this project.
Sincerely&, %�
Robert E. Lee i�
Vice President
Team Ghilotti, Inc.
CC: Coastside Concrete
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;C9e Yh.
.r_1. DEPARTMENT i • AFFAIRS
�,
Contractors State r: o w � Jt
Contractor's License retail - License # 908693
'rte DISCLAIMER: A license stows check provides information taken from the CSLB license database. Before
relying on this information, you should be aware of the following limitations.
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link
for complaint disclosure will appear below. Click on the link or button to obtain complaint andfor legal action information.
Per B&P 7071.17., only construction related civil judgments reported to the CSLB are disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration.
Due to workload, there may be relevant Infamnadon that has not yet been entered onto the Board's license database,
License Number 9DS693 Extm❑t.Date 7/17/2014
COASTSIDE CONCRETE --- '- - ---- --
Business Information
En6tV —_
Issue Date
Expire Date
---
License Status
Business Phone Number. (707) 576-1727
2150 W HEARN AVE
SANTA ROSA, CA 95407
01 N420aB
01MI2016 ----- — ^'--.—..'----._._
ACTIVE
This license is current and active. All information below should be reviewed.
CLASS DESCRIPTION
C.B CONCRETE
Ciassifird6ons A GENERAL ENGINEERING CONTRACTOR
B GENERAL BUILDING CONTRACTOR
CONTRACTOR'S BOND
This license filed a Contractor's Band with
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Banding Bond Number; 1 00 033 344
Bond Amount: $12,600
Effective Date: 09124007
WORKERS' COMPENSATION
This license has workers compensation Insurance wlth
Workers' Compehsation WESCO INSURANCE COMPANY
Policy Number: VMC0359522
Effective Date: 05101/2013
https://tivww2.cslb,ca.gov/OnUneSmices/GhecicLicensell/LicenseDetail.aspx?LieN un=90... 7/17/2014
H
Expire Elate: 05/01/2015
Workers' Comoansation Wistory
Personnel listed on tills license (wnent or disassociated) an: Itsted
Pafaonnel List it Other Licanses
Conditions of Use I Privacy Policy
Copyright 6 2010 State of California
https:/hwvw2.eslb.r&gov/OnlineServicesIClieckLieenselF2icenseDetail.aspx?LieNum=go... 7/17/2014
WDEPARTMENT OF CONSUMER AFFAIRS
L7 . oContractors State License Board
Contractor's License Detail (personnel List)
Contractor License #: 908693
Contractor Name: GOASTSIDE CONCRE T E
Click on the person's name to see a more detailed page of information on that person
NAME TITLE ASSOCIATION DISASSOCIATION CLASS MORE
DATE DATE CLASS
QUALIFY
MARK EDMUND SOUSA PARER 01/04/2008 C-8
QUALIFY
BRETT ALEXANDER SOUSA PARTNER 01/04/2008 A More
Conditions of Use I Privacv Polioy
Copyright Q 2010 State of California
https://www2.cslb.ca.gov/OnhneSelvices/CheckLicenseII/PersonnelList.aspx?LieNum=90... 7/17/2014
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FEW
S�
r
L
COAS`1'SIDE CONCRETE
2160 West Hearn Ave.
Santa Rosa, CA 95407
707-843-7691— Voice
707-843-7693 — Fax
July 22, 2014
City Of Petaluma
Department of Public Works & Utilities
Attn: John C. Brown, City Manager
Regarding: Various Locations Rock Slope Project
Subject: Protest of Bid by Team Ghilotti
Dear Mr. Brown,
Attachment 4
RECEIVED
JUL 2 4 2014
CITY MAN/'LGER
This letter to you is regarding the bid protest by Team Ghilotti. They start with page 1 of the bid
documents "Questionnaire and Financial Assurance Statement". Coastside Concrete has in fact been in
business for 10 years. The founding partner Mark Sousa, has been in this business since 1983. As far as
our listed projects, each and every one of those projects was finished in the allotted amount of working
days without complaint. We feel we are competent in this line of work or we would not have submitted
a bid to the City of Petaluma to begin with. We will be doing the pile -driving ourselves so obviously we
would not list a sub -contractor.
It is our belief that Team Ghilottl is looking to discredit our reputation as a Contractor and their
allegations have no merit.
We look forward to the opportunity of working with the City of Petaluma on the above Project.
Sincerely,
Brett Sousa
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