HomeMy WebLinkAbout12/17/2014 - STAFF REPORTS - 5.A. ?ALM Sp4
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Q`'F°R"� City Council Staff Report
DATE: December 17, 2014 NEW BUSINESS
SUBJECT: DISMISS THE BID PROTESTS FROM CONSERVE LANDCARE AND
MARINA LANDSCAPE, INC., AND WAIVE ANY INFORMALITY (NON-
RESPONSIVENESS) AND AWARD A CONSTRUCTION CONTRACT TO
GOLDEN VISTA CONSTRUCTION, INC., A CALIFORNIA
CORPORATION, DBA GOLDEN VALLEY CONSTRUCTION, IN THE
AMOUNT OF $1,328,315 FOR THE TAHQUITZ CANYON WAY MEDIAN
LANDSCAPING PHASE 2, CITY PROJECT 13-33
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY:
Award of this contract will allow the City to proceed with the landscape conversion of
existing medians within Tahquitz Canyon Way between Sunrise Way and El Cielo Road
into a vibrant, drought tolerant landscape inclusive of new plants, trees, irrigation
systems, landscape lighting, decomposed granite paving, boulders and decorative
paver crosswalks. In addition, this contract includes certain enhancements to the
previously completed Tahquitz Canyon Way median landscaping within Section 14,
between Indian Canyon Drive and Sunrise Way.
RECOMMENDATION:
1. Dismiss the bid protest submitted by Conserve LandCare dated November 26, 2014;
2. Dismiss the bid protests submitted by Marina Landscape, Inc., dated December 1
and 8, 2014;
3. Waive any informality (non-responsiveness), and award a construction contract
(Agreement No. ) to Golden Vista Construction, Inc., a California corporation,
dba Golden Valley Construction, in the amount of $1,328,315 for the Tahquitz
Canyon Way Median Landscaping Phase 2, City Project 13-33;
4. Delegate authority to the City Manager to approve and execute construction contract
change orders up to a cumulative amount of 5% of the contract amount ($66,416);
ITEM NO, P
City Council Staff Report
December 17, 2014 -- Page 2
Tahquitz Canyon Median Landscaping Phase 2 (CP 13-33)
5. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
On April 11, 2012, the City Council approved the schematic/conceptual landscape plans
prepared by RGA Landscape Architects, Inc., (RGA) for the Tahquitz Canyon Way
Median Landscape Project extending from Indian Canyon Drive to Civic Drive. This
approval did not include the 'Civic Zone' median (from Civic Drive to El Cielo Road) or
adjacent portions of the City Hall or Riverside County Administrative Offices sites.
Subsequently, RGA was contracted to prepare construction plans and specifications for
the first phase of the landscape conversion of the medians located between Indian
Canyon Drive and Sunrise Way (also known as the 'Urban' and 'Tribal Heritage' zones).
The City Council previously awarded a construction contract to Marina Landscape, Inc.,
of Anaheim, CA, and construction of this portion of the project began in August 2013
utilizing Tribal Transportation Program funds provided by the Agua Caliente Band of
Cahuilla Indians. Construction of the first phase was completed in April 2014.
In December 2013, as construction of the landscape medians within Section 14 was
proceeding, staff requested direction from the City Council to proceed with the second
phase of the project, including the development of conceptual plans for the Civic Zone
(Civic Dr. to El Cielo Rd.), an authorization of Measure J funding, commissioning RGA
to prepare construction drawings, and the reappointment of the City Council
subcommittee consisting of City Council Members Mills and Hutcheson and Planning
Commissioner Lisa Middleton.
On June 18, 2014, the City Council directed staff to proceed with RGA to create Civic
Zone conceptual plans. Subsequently, two subcommittee meetings were held to
develop the conceptual plans, and to provide staff direction for both the Civic Zone and
Neighborhood Zone (extending from Sunrise Way to Civic Drive). During these
meetings, the City Council subcommittee expressed concerns that the recently
completed landscape conversion of the medians located between Sunrise Way and
Indian Canyon Drive within section 14 lacked lushness and color, and discussed a
desire to minimize the impact of the curvilinear retaining walls. These concerns were
echoed by Tribal representatives participating in the subcommittee meetings who
expressed the Tribe's desire to develop plans to enhance the completed landscape
medians with additional plant materials and wall modifications. Tribal staff also
proposed to participate in the cost of the landscape enhancements to the medians
located in Section 14.
In addition to concerns regarding the completed median landscaping in Section 14, the
City Council subcommittee requested that RGA revise the previously approved
schematic plans for the Neighborhood Zone in order to provide the full City Council with
expanded, updated, conceptual images of the proposed finished landscape that could
02
City Council Staff Report
December 17, 2014-- Page 3
Tahquitz Canyon Median Landscaping Phase 2 (CP 13-33)
be considered prior to approving construction drawings.
On September 3, 2014, the City Council approved an agreement with RGA to prepare
the construction drawings and specifications for both the Civic and Neighborhood Zones
(Sunrise Way to El Cielo Road), as well as the conceptual revisions to the
Neighborhood Zone that were previously requested, and the development of
enhancements to the median landscaping improvements recently completed in Section
14.
On September 4, 2014, RGA presented to the City Council subcommittee photo
simulations of the Civic Zone concepts, plant material exhibits, Section 14 landscaping
modification enhancements, and modified Neighborhood Zone concepts. The City
Council subcommittee provided input and requested revisions that would be
incorporated into the final construction drawings.
The revised conceptual drawings, and final construction plans, specifications and
estimates were presented to and approved by the City Council at its October 15, 2014,
meeting. At that time, staff was authorized to proceed with advertisement and
construction bidding for the Tahquitz Canyon Way Median Landscaping, Phase 2, City
Project 13-33, (the "Project'), with an estimated cost of $1,800,000.
ANALYSIS:
The Project was advertised for bidding on October 25 and November 1, 2014, and at
3:00 p.m. on November 25, 2014, the Procurement and Contracting Division received 5
bids, tabulated as follows:
Company Location Bid Amount
Golden Vista Construction, Inc., dba Palm Springs, CA $1,328,315.00
Golden Valley Construction
Marina Landscape, Inc. Anaheim, CA $1,665,745.30
Conserve LandCare Thousand Palms, CA $1,709,602.00
Kasa Construction, Inc. Chino, CA $1,968,355.00
C.S. Legacy Construction Pomona, CA $2,338,257.00
A full bid summary is included as Attachment 1. The final construction estimate was
$1,800,000.
Conserve LandCare Bid Protest
On November 26, 2014, the City received a bid protest from Conserve LandCare (the
third lowest bidder) requesting that the City determine the bids submitted by Golden
Valley Construction and Marina Landscape were non-responsive, and to award a
contract to Conserve LandCare as the lowest, responsive bidder. The bid protest was
03
City Council Staff Report
December 17, 2014-- Page 4
Tahquitz Canyon Median Landscaping Phase 2 (CP 13-33)
timely filed in accordance with Section 7.08.030, "Bid Protests," of the Palm Springs
Municipal Code (PSMC). A copy of Conserve LandCare's bid protest is included as
Attachment 2.
Conserve LandCare's arguments for a finding of non-responsiveness related to an
alleged lack of evidence that both Golden Valley Construction and Marina Landscape
were appropriately certified, or listed an appropriately certified subcontractor, to perform
decorative concrete paver installation. Staff evaluated the bid protest, and a
determination was made that the protests against Golden Valley Construction's bid and
Marina Landscape's bid were without merit on the basis that the contract documents
require that the installers be appropriately certified by the Interlocking Concrete
Pavement Institute (ICPI). The contractor itself does not need certification from ICPI,
but prior to construction staff employed by the general contractor or its subcontractor
need to provide evidence acceptable to the City Engineer demonstrating the appropriate
ICPI certification. Staff confirmed its evaluation with the City Attorney, and Conserve
LandCare was advised of the City's evaluation of its bid protest by letter dated
December 4, 2014, included as Attachment 3.
Marina Landscape Bid Protest
On December 1, 2014, the City received a bid protest from Marina Landscape (the
second lowest bidder) requesting that the City determine the bid submitted by Golden
Valley Construction was non-responsive, and to award a contract to Marina Landscape
as the lowest, responsive bidder. The bid protest was timely filed in accordance with
Section 7.08.030, "Bid Protests," of the PSMC. A copy of Marina Landscape's bid
protest is included as Attachment 4.
Marina Landscape's arguments for a finding of non-responsiveness of Golden Valley
Construction related to two issues:
1. A question on the validity of the signature of Michael Honz (General
Manager/Superintendent) on the Golden Valley Bid Proposal and Non-Collusion
Affidavit forms.
2. An appearance of materially unbalanced bid items.
Staff evaluated the bid protest, and a determination was made that the protest against
Golden Valley Construction's bid was without merit on the basis that:
1. The Bid Proposal form requires the form to be signed by an appropriate
representative of the bidder, and does not otherwise require specific corporate
officers to execute the Proposal. Similarly, the Non-Collusion Affidavit requires the
form to be signed by an appropriate representative of the bidder, and does not
otherwise require specific corporate officers to execute the Affidavit. The Bid Bond
form, however, does require appropriate corporate officers to execute the bond, as
identified on the form. The fact that different representatives of Golden Valley
Construction have executed bid documents does not ...(call) to question the validity
04
City Council Staff Report
December 17, 2014 -- Page 5
Tahquitz Canyon Median Landscaping Phase 2 (CP 13-33)
of(their) proposal in its entirety, as alleged by Marina Landscape.
2. Although certain bid items from Golden Valley Construction's bid may be higher than
the prices for those bid items submitted by the other bidders, an argument that ...the
bid items are materially unbalanced and cause for further scrutiny, as alleged by
Marina Landscape, is unfounded. An unbalanced bid requires further scrutiny if the
unbalanced bid has artificially lowered its cost and is the basis of award, and where
there are other bid schedules that may be included in the award where comparable
bid prices are significantly different from those in the bid on which award is to be
determined. The City of Palm Springs historically has avoided any ability for bidders
to submit unbalanced bids, by disclosing the basis of award in its Notice Inviting Bids
as being the total sum of all the bid schedules for projects where there are multiple
bid schedules. This is the case with the Project, the basis of award is the total sum
of the two bid schedules, therefore, an argument to apply further scrutiny to Golden
Valley Construction's bid prices is without merit, as any effort to otherwise unbalance
the bid has no impact on the total cost of the bid being awarded.
Staff confirmed its evaluation with the City Attorney, and Marina Landscape was
advised of the City's evaluation of its bid protest by letter dated December 4, 2014,
included as Attachment 5.
Subsequently, on December 8, 2014, the City received a response from Marina
Landscape to the City's initial determination letter, furthering their argument that the
appearance of the signature of different persons from Golden Valley Construction is ...
irregular, circumstantial and grounds for rejection. Marina Landscape advances their
argument by suggesting that Golden Valley Construction ...should have included a copy
of their Corporate Resolution with the bid documents at the time of bid submittal thereby
removing any future doubt that Mr. Honz is authorized to sign the bid documents on
their behalf. A copy of Marina Landscape's letter is included as Attachment 6.
Staff evaluated Marina Landscape's latest bid protest argument, and a determination
was made that the protest against Golden Valley Construction's bid remained without
merit on the basis that the bid documents for the Project do not require submission of
Corporate Resolutions with bid documents at the time of submittal. The Bid Proposal
form requires the form to be signed by an appropriate representative of the bidder, and
does not otherwise require specific corporate officers to execute the Proposal.
Similarly, the Non-Collusion Affidavit requires the form to be signed by an appropriate
representative of the bidder, and does not otherwise require specific corporate officers
to execute the Affidavit. The Bid Bond form, however, does require appropriate
corporate officers to execute the bond, as identified on the form. Marina Landscape's
attempt to disqualify Golden Valley Construction's bid on the basis of who executed the
Bid Proposal and Non-Collusion Affidavit forms is without merit, and execution by Mr.
Honz as an appropriate agent of Golden Valley does not represent a highly irregular
defect in their bid warranting its rejection, as alleged by Marina Landscape.
05
City Council Staff Report
December 17, 2014-- Page 6
Tahquitz Canyon Median Landscaping Phase 2 (CP 13-33)
Staff confirmed its evaluation with the City Attorney, and Marina Landscape was
advised of the City's final evaluation of its bid protest by letter dated December 9, 2014,
included as Attachment 7.
On all advertisements for bids, the City issues a disclosure under Section N-3 "Award of
Contract," in its Notice Inviting Bids declaring that:
The City reserves the right after opening bids to reject any or all bids, to waive any
informality (non-responsiveness) in a bid, or to make award to the lowest responsive,
responsible bidder.... As a California charter city, pursuant to relevant state and case
law, the City Council retains general authority to award contracts in the best interests of
the City.
On the basis that the City Council dismisses the bid protests submitted by Conserve
LandCare and Marina Landscape, staff recommends that the City Council waive any
informality (non-responsiveness) in the bid submitted by Golden Valley Construction,
and determine that Golden Valley Construction of Palm Springs, California, submitted
the lowest responsive bid. Staff reviewed the bid, references, and contractor's licenses,
and found Golden Valley Construction to be properly licensed and qualified. A
construction contract with Golden Valley Construction for the Project is included as
Attachment 8.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference
Program," requires prime contractors to use good faith efforts to sub-contract the supply
of materials and equipment to local business enterprises and to sub-contract services to
businesses whose work force resides within the Coachella Valley; submission of good
faith efforts is required. The low bidder, Golden Valley Construction, demonstrates
compliance with the local business preference policy, in that Golden Valley Construction
is a business located within the City of Palm Springs, and further, Golden Valley
Construction also listed Brudvik Electric (a business located in the City of Palm Springs)
as a subcontractor performing 31% of the work.
City Council Approval of Contingency Funds
Given the size and scope of the Project, staff recommends that the City Council
delegate authority to the City Manager to approve and execute construction contract
change orders up to a cumulative amount of 5% of the contract amount equivalent to
$66,416, The Assistant City Manager/City Engineer will carefully evaluate any
additional or extra work claims represented by Golden Valley Construction, and if valid,
submit to the City Manager for his approval. In this way, work can proceed
uninterrupted as the City Manager and Assistant City Manager/City Engineer
administratively process construction contract change orders up to the authority
specifically delegated herein by the City Council.
06
City Council Staff Report
December 17, 2014 -- Page 7
Tahquitz Canyon Median Landscaping Phase 2 (CP 13-33)
FISCAL IMPACT:
A total of $2,060,000 was previously budgeted by the City Council from the Measure J
Fund (Fund 260) for the Project. The Project budget, and incurred expenditures and
available balance, are identified in Table 1:
Table of Project Costs Amount
FY 13/14 Budget Appropriation $1 ,030,000
FY 14/15 Budget Appropriation $1 ,030,000
Design Services $6,600
Project Administration (through 11/8/14 $4,386 Project Administration Estimated $5,000
Construction Inspection Estimated $15,000
Construction Contract $1,328,315
Construction Contingency $66,416
Remaining Balance $634,283
Table 1
Funds to encumber for award of the construction contract with Golden Valley
Construction are budgeted and available from Account No. 260-4500-59461 in the
amount of $1,328,315.
Sufficient funds remain available to facilitate the City Council's delegation of authority to
the City Manager to approve and execute construction contract change orders up to a
cumulative amount of 5% of the contract amount equivalent to $66,416.
A total of $634,283 remains available as identified in Table 1, after accounting for
estimated expenditures through construction.
Staff from the Aqua Caliente Band of Cahuilla Indians has indicated that the Tribe may
reimburse the City for work performed within the Section 14 landscaped medians to
improve and enhance the existing landscaping recently completed. The landscape
enhancements were separately identified as Bid Schedule B, and have a cost of
$40,450. Reimbursement of this amount may occur, upon separate approval by the
City Council of a reimbursement agreement with the Tribe.
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City Council Staff Report
December 17, 2014-- Page 8
Tahquitz Canyon Median Landscaping Phase 2 (CP 13-33)
SUBMITTED
Prepared by:
n,� twk-t'Nx
Marcus L. Fuller
Assistant City Manager/City Engineer
Approved by:
David H. Ready, City�A a er
Attachments:
1 . Bid Summary
2. Conserve LandCare bid protest letter dated November 26, 2014
3. City response letter dated December 4, 2014, to Conserve LandCare bid protest
4. Marina Landscape bid protest letter dated December 1, 2014
5. City response letter dated December 4, 2014, to Marina Landscape bid protest
6. Marina Landscape bid protest letter dated December 8, 2014
7. City response letter dated December 9, 2014, to Marina Landscape bid protest
8. Agreement
08
ATTACHMENT
09
TAHOUIT2 CANYON WAY MEDIAN LANDSCAPING-PHASE 2
CITY PROJECT 13.33
BID SUMMARY Bid Opening November 25,2014
BID SCHEDULE GOLDEN VALLEY CONST. MARINA LANDSCAPE INC. CONSERVE LANDSARE ICAA CONSTRUCTION,INC, CS LEGACY CONSRUCTION
BIDITEM ITEM DESCRIPTION DUANT. UNIT UNITPR. TOTAL UNITPR. TOTAL UNITPR. TOTAL UNITPR TOTAL UNITPR. TOTAL
1 lual Mobilization 1 LS 75,000 $75000.DO $7900000 $79,000.00 $123,000.00 $123,000.00 $115,No 00 S115,000.00 $62,000.00 $82,000,00
2 Traffic Control 1 LS 120000 $12000000 $17,000.00 $17,DDO 00 $34 NO 00 $34,000.OD 520,100.00 S20000.00 $18,85200 $18,652.00
3 Clearing and Grubbing Within 1 LS 120.DOO $120000.GO $44000.00 W.000Do $1 MOOD.00 $108,000.DO $185 No 00 $18500000 $148,03600 $148036.00
Median
4 15'Grind and Overlay 9,075 SF 2 S14.52000 UW $38.659.50 $420 $38,11500 $300 $2722500 So 00 $54,450.OD
5 Street Asphalt l Concrete to be 11.285 SF $1.50 $1692750 $1188 $134,Dfl W10 588838.So $3.00 S33,855.00 $9.00 $101,565.OD
Reamed
B Curb Replacement w1AC Patch me LF $2100 $7,350 O0 US 00 $15.75000 woo $21WO.00 woo $15,400.00 $68.00 $20,300.GO
7 Fairness Swlptum to City 1 LS $3.000.00 $3,000.DO $100000 $1000.00 $1500.00 $150000 $150000 $150000 $7,150 Do $7,150.00
designated locaLon
6 12'Wide Concrete Bantling 1745 LF $1250 521812W $20.00 $34.90000 518.30 $31933.50 $55.00 $9597500 $2600 $45370DO
g Pavers In Street Intersections g540 SF $725 $69.16500 $2300 $219,420,00 $23.50 $224.190.00 $20.00 $190,80000 $21 OD 52L0,340.IN
Including Sealer
10 SoulpWre Base 7 FA $1,200.00 $8,400.00 $1 ON 00 $7.000.00 5600.00 $4.20000 $1,500.00 $1050000 $965.OD W,75500
11 Systemhting and 202Flpal-Complete I LS M29,275.00 $42%27500 $53000000 $53000000 $534.000.DID $534000.00 $59500000 $59500000 $621572 DO S621S72DO
System wilt Ele rical-s
12 Imgatirn System-Complete 1 LS $87,415,00 $87.415OD $100,000.00 $100.000,00 $94,700.00 $94,700.00 $14500000 $14500000 $169879 O0 S169879M
System
13 Boulders-At Sizes(those boulders 1 LS $34.330an 534330.00 $32500.00 $32,50000 $59.500.00 $59.SW.00 $65,00000 $BS,000OU $1 Do 598.00 S100.598.00
that are not part of wall)
14 Stain Concrele at intersections I LS $2222000 $22220 CU $1100000 1 $11.00D.00 $5500.cc $5.500.DO $6,50000 W50000 $12,452DO $1245200
15 Boulder Retaining Wall-Complete 140 LF $165.00 523,100.00 $240.00 $33.60000 $22000 $30,8DOOD S55.00 $9,100.00 $208 DO $29.120 DO
per Detail
16 Import Sand for Berms and Fine 1 LS $17,500 DO SITNO.00 $30,500.00 $30.500,00 $26,800.OD S26,800.DO $12,00000 $1200000 $125,12200 $125,12200
Grading
17 New Palms Planted per Depul(9@ 1 LS $35.00000 $35,000.00 567,500.00 $47.50000 $37,300.00 S37,3WDO "SON 00 545,000.00 $103906.00 $103,908.00
14 loth,21&12'loth,11 Q 10'loth
18 New Ceohe -All Sal
(includes1 LS $14,000.00 S14000.00 $12,500.00 $12,500,00 $13,81OD S1380000 $25000 On $25.000.DO $11029.00 $11 on 00
mot Than,
)
19 Cacti l Shrubs-All Species 1 LS $30.000.DO S30000.00 $36,00000 $36,000.00 $27650.0) $27, WOO $75.00000 $75 NO DO 539,30000 $3930000
20 Angular Rubble Set in Mortar, 6500 OF $950 Sol]50.DO $11.50 $74,750.00 $1275 $8287500 $900 $58,500,00 $17.00 $110500.00
Grouted
21 Beach Pebbles end Angular Rubble 1 LS $60.000.00 E60,00000 $5400000 $56,000.00 $39,3W.W $39,ONDO WOOD 00 545,000.00 $90 607 00 $90,60].00
-Sand Set
22 Decomposed Granite 1 LS $13,500.00 wtioo00 $63,000.00 563,000.00 $35,200.00 $35290.00 $66000DO $66.00000 $6269700 $628W.00
90.Day Maintenan¢for Irrigation,
23 Planing and Lighting,Inducting 1 LS $3,600.00 $3,600.00 $3.50000 53,500.00 56,3W.00 So NO 00 1.DO $10000.00 $13,845.00 513,845.00
Liter Removal
TOTAL $1,287,N5.00 TOTAL f1,fi19,B41.30 TOTALA $1,1146,502.00 TOTALA $1,852.355.00 TOTAL 52,175,245.00
BID SCHEDULE GOLDEN VALLEY CONST. MARINA LANDSCAPE INC. CONSERVE LANDCARE IIASA CONSTRUCTION,INC. CS LEGACY CONSRUCTION
BID ITEM ITEM DESCRIPTION OUANT. UNIT UNITPR. TOTAL UNITPR. TOTAL UNITPR. TOTAL UNITPR. TOTAL UNITPR. TOTAL
1 Indial Mobilization 1 LS 1,500 $150000 Ill DO $2,ONOD $300000 $3,00000 $15.000,00 $15,000.OD $8,308.00 $0,308.00
2 TraRc Crnhol 1 LS 2,000 $2,00000 $4,DINDO 54 No 00 $5.75000 $5,750.00 KDOO.00 SBD000D $96200D $9,62D06
3 Plant Remove) 1 LS 2,000 $2,00000 WINDS $600.00 $1,350.00 $135000 thi 00 §6000 GO $7.0100 $7,D31.00
4 Im ation5 stem-Modi6cal 1 LS 8000 $8,00000 $10.500,00 $10,500.00 $8,500.00 $8.500.00 $20,000.00 $20,000 DO $26074,00 $26,87400
5 Slain Exiling Curved Concrete I LS $4,600.00 51 $6,000.00 $6 ON DO $1925000 $19.25000 $850000 $8,500 OD $39,929,00 $39,92900
walls o Section 14
6 Cecil l Shrubs-AllBaces 1 LS $1570000 $15.70000 $19,20000 $19.20000 $1600000 $16000SO $40,00000 $40,ONDO $32,976,00 $32,978,00
7 Decomposed Granite 1 LS $5,650.00 $5.550.00 $1,000.00 $1,090.00 S635000 $6,350 DD $1500000 $15,ONW $31,349.00 $31,349.00
(Replacement
90.Day Maintenance for Irdgatirn
0 and Planting Including Litter I LS $1,200.DO $120000 $200000 $2,80000 $900.00 $9DDW 15500 DO $6 NO DO $6.92300 $6,92300
�" Removal
r--'A TOTALB $40,450.00 TOTALB 546,100.0U TOTALB Sfi1,10g00 TOTALB $116,000.0U 1 TOTALS $163,012.00
TOTALA.B $1,328,315.00 $1,60,745.30 $1,709,602.00 $1,968,356.00 $2,338.267.00
1 2 3 4 5
ATTACHMENT
c nserve
LandCare
November 26th, 2014
City of Palm Springs
Mr. David J. Barakian, P.E.
City Engineer
3200 East Tahquitz Canyon Way
Palm Springs,CA 92262
RE: Bid Protest,Tahquitz Canyon Way Median Landscaping Phase 2,CP. 13-33
Dear Mr.Barakian,
Conserve Landcare hereby submits a Bid Protest on the above project for both the apparent low bidder
Golden Valley Construction and the second apparent low bidder Marina Landscape, Inc.as Non-
Responsive bids. A Responsive bid shall be in strict and full accordance with all material terms of the bid
package.
Part II of Special Provisions, Construction Details Section 10-6.1 Special Note states: Decorative
Concrete Pavers are to be installed by an ICPI certified installer.
1. Apparent low Golden Valley does not list a Concrete Paver sub and Golden Valley Consruction is
not listed as an ICPI certified installer(www.icpi.orel.
2. 2n'apparent low Marina Landscape does list Westcon as a Interlocking Paver sub and Westeon is
not listed as an ICPI certified installer(www.icpi.org).
We believe this Special Note that requires an ICPI certified installer is a material variance and both of
these bids should be rejected as Non-Responsive,
Thank you for your consideration,
` ---------------------------
ge L. Gonzalez
CEO
1.Golden Valley Construction
2000 Executive Drive
Palm Springs,CA 92262
2.Marina Landscape,hie.
1900 South Lewis Street
Anaheim, CA 92805
74-040 Highway 111, L-200, Palm Desert,CA 92260 Tel: 760-343-1433 Fax: 760-343-0433 www-ConsemeLandCarecom
12
ATTACHMENT
13
G�PALM SAS
City of Palm Spring
z
V m, Department of Public Works and Engineering
3200 E.Tahquitz Canyon Way • Palm Springs,CA 92262
* nwno Tel:(760) 323-8253 • Fax:(760)322-8360 • Web:www.pahnspringsca.gov
O,q<IFOA�
December 4,2014
Conserve LandCare
74-040 Highway 111,L-200
Palm Desert,CA 92260
Attn: George L.Gonzalez
Mr. Gonzalez,
The City has reviewed your letter dated November 26, 2014 in which you protested the award of City
Project 13-33, Tahquitz Canyon Way Median Landscaping Phase 2, to Golden Vista Construction, Inc.,
D.B.A. Golden Valley Construction. Your protest is based upon the opinion that Golden Valley
Construction,as the apparent low bidder,should be considered non-responsive due to the fact that they
are not an Interlocking Concrete Pavement Institute (ICPI), certified decorative paver installer. Section
10-6.1 of the Special Provisions states that "Decorative Concrete Pavers are to be installed by an ICPI
certified Installer".
We have contacted Golden Valley Construction to discuss this matter and have been provided with valid
ICPI Certification for personnel that will be performing and overseeing the decorative paver installations.
In our opinion employment and oversight by certified personnel satisfies the certification requirement.
On that basis we have determined that your protest does not provide sufficient grounds to find Golden
Valley Construction non-responsive.
Furthermore, regarding Marina Landscape, Inc., the company is listed on the ICPI website as a certified
Installer.
i
Sincerely,
Michael Lytar, P.E.
Sr. Public Works Inspector
i
I
Post Office Box 2743 • Palm Springs, California 92263-2743 14
ATTACHMENT 4
15
MAi INA
snu cro Mng—
December 1,2014
City of Palm Springs
3200 East Talquitz Canyon Way
Palm Springs, CA 92262
Attn: Mr.Craig Gladders
Regarding: Bid Protest-Tahquitz Canyon Way Medians#CP.13-33
Dear Sir,
This letter is in response to the bid opening conducted oil November 25,2014 for the subject project.
On November 26, 20I4, we received a complete copy of the bid documents submitted by Golden Vista
Construction,Inc.dba Golden Valley Construction,the apparent low bidder for the subject project.
Upon review of the provided bid documents,we became aware of the following:
1. it appears that the signatures on page#3-Bid Proposal and page#16-Nan-Collusion Affidavit are
from Michael Honz —(General Manager/Superintendent). Mr. Honz does not appear to be an
officer of the company as shown on Exhibit A (see attachment) California State Contractors
License Board License Detail (Personnel List). Page #13 Bid Bond is signed by Michael
Emerson,President of the corporation. The fact that the Bid Bond signature and the Bid Proposal
and Non-Collusion Affidavit signatures are not the same, calls to question the validity of this
proposal in its entirety.
2. Upon review of the bid items completed by the apparent low bidder, it also appears that some of
the bid times are materially unbalanced and cause for further scrutiny, specifically bid items #2
through#5 and#9.
In closing and as the apparent low and responsive bidder, we request that the Agency post-pone any
meditated recommendation for award to Golden Vista Construction, Inc dba Golden Valley Construction
for failing to comply with the instructions to bidders as required by this proposal and request that Marina
Landscape, Inc. be recommended for award of the subject contract at the next council/district meeting.
Please contact me at your convenience,should you have any questions in the matter.
Sincerel147
DSCAPE, INC
Joe Fuentes
Estimator
MARINA LANDSCAPE,INC.
1900 S.Lewis Street - Anaheim,CA 92805 ^ 714.939.6600 t 714.935.1199 w rtwinaw.com m '_icense#492862,A,B,C27,C36
16
ATTACHMENT
17
�yALM SA
-z City of Palm Springs
Department of Public Works and Engineering
* w_" 3200 E.Tahquitz Canyon Way • Palm Springs,CA 92262
* x' Tel:(760)323-8253 • Fax:(760)322-8360 • Web: www.palmspringsca.gov
c'4ClFORN�A
i
December 4,2014
f
Marina Landscape,Inc.
1900 Lewis Street
Anaheim,CA
Attn: Joe Fuentes
i
Mr. Fuentes,
The City has reviewed your letter dated December 1, 2014 in which you have protested the award of
City Project 13-33;Tahquitz Canyon Way Median Landscaping Phase 2, to Golden Vista Construction,
Inc., D.B.A. Golden Valley Construction. Your protest questions the legitimacy of the bid documents
signed by Mike Honz,A.K.A. Michael David Honz(General Manager of Golden Valley Construction), due
to the fact that he is not an officer of the corporation. The City has received a Corporate Resolution
which authorizes Mr. Honz to sign on behalf of the Board of Directors for matters related to this project.
For that reason we find the bid documents to be valid. Please note that the City of Palm Springs
requires that the contracts and bonds are executed directly with the officers of the corporation.
In addition to the above,you have requested that the City review certain bid item prices within Golden
Valley Construction's bid in relation to the other bidders. After review, we have not identified any
irregularities that would provide a basis for finding the bid non-responsive.
Sincerely,
Michael Lytar, P.E.
Sr.Public Works Inspector
I
Post Office Box 2743 • Palm Springs, California 92263-2743
ATTACHMENT
1. 9
MARIK
Sr,.v cr ,;srX
December 8, 2014
City of Pahn Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Mr. Craig Gladders
Regarding: Bid Protest-Tahquitz Canyon Way Medians#CP.13-33
Dear Sir,
This letter is in response to the letter issued by the City with reference to the subject project, in the matter
of our formal bid protest dated December 1, 2014,
The letter drafted by Mr. Michael Lytar P.E.—Sr. Public Works Inspector states that the City has received
a Corporate Resolution in which he asserts that the bidder Golden Valley Construction Inc. authorizes Mr.
Michael Honz to sign on behalf of their Board of Directors, for matters related to this project.
Our letter of protest specifically states that the signature that appears on the Bid Bond and the signature
that appears on the Bid Form are not the signatures of either of the two corporate officers and we
recognize this as irregular, circumstantial and grounds for rejection. Golden Valley Construction Inc.
should have included a copy of their Corporate Resolution with the bid documents at the time of bid
submittal thereby removing any future doubt that Mr. Honz is authorized to sign the bid documents on
their behalf We find their attempt to satisfy the bid requirements post-bid to be desperate and highly
irregular as this promotes an unfair advantage to Golden Valley allowing them to submit information
which cannot be proven after the bid deadline.
For this reason,we appeal to the City of Palm Springs to reconsider their decision to contract with Golden
Valley Construction and award to Marina Landscape, Inc for this proposal.
Please contact me at your convenience, should you have any questions in the matter.
Sincerely,
MARINA LANDSCAPE, INC.
Joe Fuentes
Estimator
MARINA LANDSCAPE, INC.
1900 S.Lewis Street - Anaheim,CA 92805 714,939.6600 : 714,935.1199 marinaco.com - License 4492862,A,8,C27,C36
Estimating Direct Line:714.704.0484 20
ATTACHMENT
L
�ppLM S,p
City of Palm Springs
y:
Office of the City Manager
3200 East Tahquitz Canyon Way• Palm Springs,California 92262 1 OR Tel:Tel:(760)322-8380• Fax:(760)323-8207 •Web:www,palmspringsca.gov
December 9, 2014 Via E-Mail: joef@marinaco.com
Mr. 1oe Fuentes
Marina Landscape, Inc.
1900 S. Lewis Street
Anaheim, CA 92805
RE: Tahquitz Canyon Way Median Landscaping Phase 2, City Project 13-33
Bid Protest Letter dated December 8, 2014
Pear Mr. Fuentes,
The City of Palm Springs has reviewed your December 8, 2014, letter responding to the City's initial
determination that the bid submitted by Golden Vista Construction, Inc., dba Golden Valley
Construction ("Golden Valley") for the Tahquitz Canyon Way Median Landscaping Phase 2, City Project
1.3-33, (the "Project"), was non-responsive and subject to rejection. The City Attorney and I have
reviewed your bid protest letter to determine its applicability to the City's determination of the lowest,
responsive bidder. This letter provides our official response to Marina Landscape's bid protest, and
identifies the findings for our recommendation to the City Council to dismiss the bid protest in its
determination of award of a construction contract.
Argument—Our letter of protest specifically states that the signature that appears on the Bid Bond and
the signature that appears on the Bid Form are not the signatures of either of the two corporate
officers and we recognize this as irregular, circumstantial and grounds for rejection. Golden Valley
Construction Inc. should have included a copy of their Corporate Resolution with the bid documents at
the time of bid submittal thereby removing any future doubt that Mr. Honz is authorized to sign the bid
documents on their behalf. We find their attempt to satisfy the bid requirements post-bid to be
desperate and highly irregular as this promotes an unfair advantage to Golden Valley allowing them to
submit information which cannot be proven after the bid deadline.
Finding—The bid documents for the Project do not require submission of Corporate Resolutions with
bid documents at the time of submittal. The Bid Proposal form requires the form to be signed by an
appropriate representative of the bidder, and does not otherwise require specific corporate officers to
execute the Proposal. Similarly, the Non-Collusion Affidavit requires the form to be signed by an
appropriate representative of the bidder, and does not otherwise require specific corporate officers to
execute the Affidavit. The Bid Bond form, however, does require appropriate corporate officers to
execute the bond, as identified on the form. Marina Landscape's attempt to disqualify Golden Valley's
bid on the basis of who executed the Bid Proposal and Non-Collusion Affidavit forms is without merit,
and execution by Mr. Honz as an appropriate agent of Golden Valley does not represent a highly
irregular defect in their bid warranting its rejection. 2
rr
Joe Fuentes
December 9, 2014
Page 2
Summary
Itilarina Landscape has submitted bid protest letters dated December 1 and 8, 2014, disputing the
responsiveness of Golden Valley. The City has reviewed the protests and determined the protests are
Wthout merit.
Although we do not agree that there are any bid irregularities with regard to Golden Valley's bid, it is
important to advise Marina Landscape that California courts have historically upheld municipal
discretion to waive bidding irregularities in low bids when those irregularities are inconsequential, i.e.,
they do not affect the amount of the bid or afford the bidder an unfair advantage over other bidders.
(Ghilotti Construction Co., v. City of Richmond(1996) 45 Cal.App.4th 897, 904). This practical approach
inconsistent with the express policy objective to apply the bidding requirements in the California Public
Contract Code in a manner that serves the public interest. Further, the California Legislature adopted
public bidding laws and requirements for the benefit of the public and public-agencies, and not for the
financial benefit or gain of any particular bidder. As cited in Ghilotti, referring to Judson Pacific-Murphy
Corp. v. Durkee [(1956) 144 Cal.App.2d 377, 383)], It certainly would amount to a disservice to the
public if a losing bidder were to be permitted to comb through the bid proposal or license application of
the low bidder after the fact[and]cancel the low bid on minor technicalities, with the hope of securing
acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public
and contrary to public policy.
I am recommending that the City Council determine that Marina Landscape's bid protests are without
merit and should be dismissed, and to waive any informality (non-responsiveness) and award a
construction contract to the lowest responsive bidder, Golden Valley, at its December 17, 2014,
meeting. A copy of Marina Landscape's bid protest letter, and this letter responding to the bid protest,
will be included with the staff report presented to the City Council. The item will be scheduled as New
Business; if you wish to present your case to the City Council to dispute the facts as outlined herein this
letter, please see the City Clerk prior to the meeting to deliver your oral arguments during the public
comment portion of the meeting.
If you have any questions, please feel free to contact me at (760) 322-8380, or by e-mail at
Marcus.Fuller@palmspringsca.gov.
/ Sincerely,
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
cc: Douglas C. Holland, City Attorney
James Thompson, City Clerk
Mike Honz,General Manager-Golden Valley Construction(mikehonz@gmail.com)
fle23
ATTACHMENT
24
AGREEMENT
THIS AGREEMENT made this 17th day of December in the year 2014, by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the
City, and Golden Vista Construction, Inc., a California corporation, dba Golden Valley
Construction, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -- THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid
Schedule(s) of the City's Contract Documents entitled:
TAHQUITZ CANYON WAY MEDIAN LANDSCAPING PHASE 2
CITY PROJECT NO. CP.13-33
The Work is generally described as follows:
A. Construction of landscape, lighting irrigation, PCC curbs, PCC banding,
decorative concrete pavers and AC paving improvements to the existing
medians and various adjacent intersections of Tahquitz Canyon Way from
Sunrise Way to El Cielo Road.
B. Additional improvements, comprising of the staining of concrete walls and the
addition of landscape (removal of some plants, addition of plants and addition of
irrigation) to selected areas of the existing medians in Tahquitz Canyon Way
from Indian Canyon to Sunrise Way.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of
requiring any such proof, the City and the Contractor agree that as liquidated damages or
delay (but not as a penalty), the Contractor shall pay the City the sum of$790.00 for each 5
calendar day that expires after the time specified in Article 2, herein.
TAHQUITZ CANYON WAY MEDIAN LANDSCAPING PHASE 2 AGREEMENT FORM
CITY PROJECT NO.CP.13-33 AGREEMENT AND BONDS-PAGE 1
ARTICLE 3 -- CONTRACT PRICE Bid Schedules A & B: $1,328,315
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
and Bid Schedule(s).
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit,
Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's
Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications,
Special Provisions, the Drawings, Addenda numbers 01 to 02, inclusive, and all Change
Orders and Work Change Directives which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto.
ARTICLE 5 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written
Notice, it shall be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 7 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests
in the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation, monies
that may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
C)
u
TAHOUITZ CANYON WAY MEDIAN LANDSCAPING PHASE 2 AGREEMENT FORM
CITY PROJECT NO.CP.13-33 AGREEMENT AND BONDS-PAGE 2
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
By Date
City Clerk
APPROVED AS TO FORM: Agreement No.
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
° 7
TAHQUITZ CANYON WAY MEDIAN LANDSCAPING PHASE 2 AGREEMENT FORM
CITY PROJECT NO.CP.13-33 AGREEMENT AND BONDS-PAGE 3
Corporations require two notarized signatures: One signature must be from Chairman of Board,
President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary,
Treasurer, Assistant Treasurer, or Chief Financial Officer.
CONTRACTOR: Name: Check one: _Individual _Partnership _Corporation
Address:
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
(This Agreement must be signed in the above This Agreement must be signed in the above
space by one of the following: Chairman of the space by one of the following: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of I State of
County of 1 ss County of ss
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf
behalf of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the
the laws of the State of California that the laws of the State of California that the foregoing
foregoing paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
TAHQUITZ CANYON WAY MEDIAN LANDSCAPING PHASE 2 AGREEMENT FORM v
CITY PROJECT NO.CP.13-33 AGREEMENT AND BONDS-PAGE 4