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Home My WebLink About1/21/2009 - STAFF REPORTS - 5.A. X P ALM SpR iy ti 41 V N k e q<IFoR City Council Staff Report January 21, 2009 NEW BUSINESS Subject: AWARD OF CONTRACT FOR THE HOUSEHOLD HAZARDOUS WASTE RECYCLING FACILITY, CITY PROJECT NO. 08-19 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The City and Riverside County have coordinated on the construction of a new permanent Household Hazardous Waste Recycling Facility, Award of this contract will allow staff to proceed with construction of the new permanent Household Hazardous Waste Recycling Facility to be operated by Riverside County. RECOMMENDATION: 1) Approve Agreement No. in the amount of $475,631.60 with G&M Construction, for Bid Schedules A, B and C, for the Household Hazardous Waste Recycling Facility, City Project No. 08-19; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Riverside County currently operates a household hazardous waste program at a facility located on City property on Alejo Road. The current program is limited to "ABOP" (antifreeze, batteries, oil and paint), and it has been the City's and County's desire to enlarge the facility and upgrade the ABOP program to a permanent household hazardous waste program that can collect the full array of hazardous wastes, including electronic wastes. The City and County jointly applied for a regional household hazardous waste grant from the California Integrated Waste Management Board (CIWMB) to fund a portion of the construction and equipment costs of the expanded facility, which is to be located at the wastewater treatment plant. The City and County were successful in obtaining a $149,915 CIWMB grant for this purpose. Item No. 5 * • • City Council Staff Report January 21, 2009 - Page 2 Household Hazardous Waste Recycling Facility, CP08-19 Randy Purnell Landscape Architects was previously hired by Veolia to prepare a preliminary design for the new facility, which was originally located at the southeast corner of Mesquite Avenue and Vella Road, and included a community garden. The preliminary plan was reviewed and recommended for approval by the Architectural Advisory Committee on October 8, 2007, and was approved by the Planning Commission on November 14, 2007. Subsequently, the City Council selected the same site as the location for the new animal shelter. In consultation with the City's Animal Shelter Project Manager, Al Smoot, staff repositioned the household hazardous waste facility further south, to be located directly adjacent to and south of the Animal Shelter. However, due to space restrictions and the need to preserve land for wastewater treatment facility purposes, the community garden component of this project has been eliminated. Randy Purnell Landscape Architects, in conjunction with MDS Consulting and MRC Engineering, Inc., has prepared final construction plans for the household hazardous waste facility, which will include construction of a new cul-de-sac at the south end of Vella Road as an entrance to the wastewater treatment plant. In accordance with the terms of the CIWMB grant, the household hazardous waste facility must be constructed by March 31, 2009. Therefore, it is critical to complete construction by the grant deadline. On, November 5, 2008, the City Council approved the plans and specifications and authorized construction bidding. On December 6 and 19, 2008, the project was advertised for bids, and at 2:00 p.m. on January 9, 2009, the Procurement and Contracting Division received construction bids from the following contractors. 1. G&M ,Construction; Palm Springs, CA: $475,631.60 2. Lippert Construction, Inc.; La Quinta, CA: $555,024.00 3. Dateland Construction Company, Inc.; Indio, CA: $628,140.75 4. Tri-Star Contracting ll, Inc.; Desert Hot Springs, CA: $633,866.00 5. Desert Concepts Construction, Inc.; Palm Desert, CA: $636,264.93 6. Doug Wall Construction, Inc.; Bermuda Dunes, CA: $643,167.63 7. Roadway Engineering & Contracting, Inc.; Riverside, CA: $648,632.50 8. A. Flores Excavating & Grading, Inc.; La Quinta, CA: $654,238.00 9. Simon Contracting; Indio, CA: $667,694.00 10. James A. Shirley Construction, Inc.; Yucca Valley, CA: $686,084.04 11. Atlas-Allied, Inc.; Anaheim, CA: $946,542.50 The Engineer's estimate for this project was $650,000. The low bid was submitted by G&M Construction, a California corporation. The corporate officers are: George Marantz, President, and Dianne Marantz, Secretary/Treasurer. City Council Staff Report January 21, 2009- Page 3 Household Hazardous Waste Recycling Facility, CP08-19 On January 14, 2009, the City received a written protest from Lippert Construction (see attached letter), alleging bid irregularities with the List of Subcontractors included in the G&M Construction Bid. The City received a written statement from G&M Construction dated January 14, 2009, (see attached letter), confirming that a significant portion of work (metal shade structure construction) will be installed by G&M Construction, thereby negating the need to list the component of work on the List of Subcontractors. The City rejected the written protest by letter dated January 15, 2009, (see attached letter). Staff recommends that the City Council make award to G&M Construction on the basis that it submitted the lowest, responsive Bid. FISCAL IMPACT: The extension of Vella Road to the wastewater treatment plant is considered a wastewater facility capital project. This work is identified as Bid Schedule A ($154,284.70); sufficient funds for construction of the Vella Road extension are available in the Wastewater Fund Account No. 420-6800-50000 (unscheduled capital projects). The construction of the household hazardous waste recycling facility is identified as Bid Schedules B and C ($321,346.90). In addition to the $149,915 CIWMB grant, the City has budgeted $120,000 from the Recycling Fund for this project, and has also obtained a $100,000 contribution towards the permanent household hazardous waste facility from Palm Springs Disposal Services, pursuant to Amendment No. 2 to the Solid Waste Management Services Agreement, approved by City Council on November 14, 2007. Sufficient funds for construction are available in the Recycling Fund Account No. 125- 1280-58007 (ABOP Expansion) and 261-1395-58007 (ABOP Expansion). Submitted: David J. Barakian Thomas J. Wilson Director of Public Works/City Engineer Assistant City Manager David H. Ready City Manager Attachments: 1. Agreement 2. Letters regarding bid protest (3) TAN-14-2009 03:49 From:LIPPERT CONST. INC. 76693T2099 To:760 322 9325 P.2/2 I I LIPPERT CONSTRUCTION, INC. General Engineering Contractor 44540 Via Terra Nova • La Quinta, CA 92253 760.837-2088 • Fax 760-837-2099 License #843418 January 14, 2009 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Attention: Craig Gladders Re: Bid Protest Household Hazardous Waste Recycling Facility City Project 08-19 Craig, This letter serves as our written protest regarding the bid results for the Household Hazardous Waste Recycling Facility Clty Project 08.19. Lippert Construction, Inc. believes there may be irregularities in the G&M Construction Subcontractor Listing and the bid is potentially non-responslve. If you have any questions or if I can be of further assistance please feel free to call me at (760) 601-7437. Sincerely, aMe b� Dave Lippert President Cc: Marcus Fuller G & M CONSTRUCTION ®, Subsidiary of Happy Traveler 211 West Mesquite Avenue Fed.Ill 4'9$-2417032 Palm Springs, California 92264 Lic.RA-272619 (760) 322-6918 Fax(760)778-6708 General Engineering - Grading - Pipeline - Hazardous Waste - Asbestos Demolition January 14, 2009 Marcus Fuller City of Palm Springs Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Regarding: Bid Protest for City Project # 08-19 Dear Marcus, Please find enclosed the material list and specifications (Item 3) from Western Steel Cutting for the acquisition, assembly, and manufacturing of the various component parts that shall be required to properly complete the installation of the shade structure as specified on Sheets S1.1 through S3.3 of the bid documents (plans). The certified welder, Alex Sanchez, has worked for G & M Construction, on a full time basis, for the past 3 years. I, personally, have had experience in erecting these types of structure over the past 50 years. The first shade structure erected of this type was in 1961, In San Pedro, for the maintenance facility for a Marantz owned property. Marcus, this project is simpler than the Cor-10 on the ally project with all the bad engineering we had to deal with and then throw out. Query: If Lippert Construction is not A. E. L. Construction or MJS Construction, his name does not seem to appear on the bid list. Sincer Mar z FQALM SA F City of Palm Springs N l-)epan menc of Public Works and Er-igineering 3200 E Tahgwcz Gwynn Nay • Min Spring;;, OLILrntllil 92262 o no r a UI (760) 32;-13253 • Fax. a60>322-8360 " Ne6: www.ci.palm-spiings.cn.u, R1 IF O QN\ January 15, 2009 Mr. Dave Lippert, President Lippert Construction, Inc. 44540 Via Terra Nova La Quint@, CA 92253 Re: Household Hazardous Waste Recycling Facility, City Project 08-19 Bid Protest dated January 14, 2009 Dear Mr. Lippert, We have received and reviewed the written protest to award a construction contract to G&M Construction, as stated in your letter dated January 14, 2009- Although no specific allegation of non-responsiveness is identified, your letter simply states that "...there may be irregularities in the G&M Construction Subcontractor Listing...". We have reviewed the List of Subcontractors included with the Bid Documents submitted by G&M Construction, and find four subcontractors listed: Buena Vista Landscape, Zoltan Paving, Buster Lawrence, and Sanborn A/E. At the conclusion of the City's bid opening conducted January 9, 2009, following a reading of the subcontractors listed in the G&M Construction Bid, we are aware of comments made to the extent that a subcontractor for the metal shade structure should have been listed. It is this allegation, although not stated in your letter, to which we will respond. The installation of the metal shade structure is identified on Bid Schedule C. the G&M Construction Bid amount for Bid Schedule C is $94,500 or approximately 20% of the overall G&M Construction Bid. If a subcontractor were to install the metal shade structure for G&M Construction, then the work would need to be identified on the List of Subcontractors. We have confirmed with G&M Construction by letter dated January 14, 2009, that G&M Construction intends to self-perform the installation of the metal shade structure;therefore, listing the metal shade structure work is not required pursuantto Public Contract Code Section 4104. We are recommending that the City Council award this contract to G&M Construction on the basis that its Bid is the lowest, responsive Bid. If you have any questions, please feel free to contact me at (760) 323- 8253, extension 8744, or by e-mail at Marcus.Fuller(Mpalmsprinas-ca.gov. Sincerely, Marcus L. Fuller, P.E., P.L.S. Assistant Director of Public Works/ Assistant City Engineer Post Office Box 2743 • Prim Spr111gs, C tljfornia 92263-2743