CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Award Construction Contract to Vido Samarzich, Inc. for the Pathways for Hope Project (Clean California Cycle 1 Grant) Meeting Date: May 14, 2024
RECOMMENDATION
The City Council will consider adopting a Resolution approving plans and specifications; waiving the non-material irregularities in the Vido Samarzich, Inc.’s bid; awarding a construction contract to Vido Samarzich, Inc., the lowest responsible and responsive bidder for the Pathways for Hope Project (“Project”); allocating additional funds to cover the total project cost shortfall; and approving construction management and inspection services by Transtech Engineers, Inc. under their on-call professional consulting services agreement.
BACKGROUND
The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) as part of a two-year program through which approximately $296 million in funds is going to local communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces. Through the combination of adding beautification measures and art in public spaces along with the removal of litter and debris, this effort will enhance communities and improve spaces for walking and recreation.
On March 8, 2022, staff notified City Council that the City had been awarded $4,955,257 ($411,000 of which is for murals and approximately $565,418 for planning, design services and related project management costs) to fund the Pathways for Hope Connectivity Improvements Project.
On January 11, 2023, staff released a Design Services Request for Proposal (“RFP”) with a due date of February 2, 2023.
On March 28, 2023, City Council awarded a Professional Services Agreement to RJM Design Group, Inc. (“RJM”) in the amount of $399,980. On August 8, 2023, City Council approved Amendment No. 1 to the Professional Services Agreement with RJM to acquire the necessary intellectual property rights over the murals.
On December 12, 2023, City Council approved the proposed improvements Concept Plans and authorized preparation of plans and specifications and bidding for construction.
The grant will improve various locations in the City as briefly described below:
Bandini Park
Install up-lighting and enhance pedestrian entry at Park entrance.
Improvements to Walking Path to include bollard lighting.
Restoration of the Walking Path
Bandini Pedestrian Tunnel
Restoration of chain link fence.
Replace guard rail with decorative bollards;
Add new sidewalk and parking with ADA access for mural viewing.
Use decorative paving on cul-de-sac bulb and sidewalk.
Add signage.
Bandini Neighborhood Improvements
Rehabilitate landscaping and remove litter.
Add epoxy paint/sealant to curbs to freshen up
Add Bandini neighborhood signage to fence.
Improve Bandini Elementary School parkway with additional tree wells, litter abatement, and new parkway landing areas.
Bristow Park
Install up-lighting and enhance pedestrian entry at Park entrance.
New Walking Path to include bollard lighting and drought tolerant landscaping Rosewood Park
Improvements to Walking Path to include bollard lighting.
New Decomposed Granite (DG) pathways added.
Murals/Artwork (separate agreement from construction)
Mural paintings at the Bandini Pedestrian Tunnel located on Leonis St at I-710 and Triggs St at I-710 underpass.
ANALYSIS
On March 19, 2024, staff advertised the project for construction bids with a bid due date of April 9, 2024. The following three (3) bids were received. A copy of the bid tabulation is attached:
BID SCHEDULE*
BID RANKING
Apparent Low Bidder
Apparent Second Lowest Bidder
Apparent Third Lowest Bidder
Vido Samarzich, Inc.
Environmental Construction, Inc.
C.S. Legacy Construction, Inc.
BASE BID SCHEDULE A
(BANDINI PARK)
$701,772.54
$733,706.00
$761,193.90
BASE BID SCHEDULE B
(LEONIS ST. PEDESTRIAN TUNNEL)
$647,440.74
$704,186.00
$691,187.60
BASE BID SCHEDULE C
(BANDINI ELEMENTARY SCHOOL PARKWAY (LEONIS ST.))
$215,381.00
$382,430.00
$448,779.00
BASE BID SCHEDULE D
(BANDINI ELEMENTARY SCHOOL PARKWAY (COUTS AVE.))
$79,704.48
$159,790.00
$82,813.00
BASE BID SCHEDULE E
(BRISTOW PARK)
$1,206,243.38
$1,236,551.00
$1,470,816.00
BASE BID SCHEDULE F
(ROSEWOOD PARK)
$900,111.54
$1,024,487.00
$1,155,295.40
BASE BID SCHEDULE G
(710 FREEWAY UNDERPASS AT TRIGGS ST.)
$42,900.00
$120,920.00
$41,420.00
TOTAL BASE BID SCHEDULES
$3,793,553.68
$4,362,070.00
$4,651,504.90
ADDITIVE BID SCHEDULE A**
(Bandini Park)
$168,500.00
$142,700.00
$143,000.00
ADDITIVE BID SCHEDULE B***
(Leonis Tunnel)
$69,600.00
$251,075.00
$73,400.00
ADDITIVE BID SCHEDULE C****
(Bristow Park)
$189,500.00
$164,700.00
$150,000.00
ADDITIVE BID SCHEDULE D*****
(Rosewood Park)
$69,000.00
$64,200.00
$51,600.00
TOTAL BASE + ADDITIVE BID SCHEDULES
$4,290,153.68
$4,984,745.00
$5,069,504.90
*see attached bid analysis for each bid schedule details. ** 1 booster pump, 2 shade trellis’, 3 benches
***3’ high mural wall, tile, and trench drain for mural wall ****2 shade trellis, 13 benches, 10 armchairs, 5 coffee tables *****6 benches, 12 armchairs, 6 coffee tables
As required by the California Public Contract Code (“PCC”), staff specified in the Bid Specifications that the award of contract will be to the lowest responsive and responsible bidder as determined solely by the City. As shown in the above bid tabulation, Vido Samarzich, Inc. submitted the apparent lowest base bid. There were a few discrepancies observed in the bid submittal (highlighted in red in the bid analysis) by Vido Samarzich, which were due to arithmetic errors. Pursuant to Public Contract Code (PCC) Section 5100 et seq., any non-material errors in the bid may be waived by the City, and that errors in arithmetic rather than to errors in judgement may constitute grounds for relief. The instructions in the Bid Documents also state that: “In the case of discrepancies in the amount of the bid, unit prices shall govern over extended amounts…” The original amount listed in Vido Samarzich’s bid was $3,788,449.68, whereas the calculated amount based on the unit prices is $3,793,553.68 resulting in a difference of $5,104.00. Although, there were a couple of non-material errors which include errors in arithmetic, all unit prices were confirmed to be correct and Vido Samarzich, Inc. was still determined to be the low bidder.
Staff conducted a bid analysis for Vido Samarzich, Inc., and verified their California contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Staff also verified all of their subcontractors California contractor’s licensing, DIR registrations, and state and federal debarment files. Based on the bid analysis, Vido Samarzich, Inc. was found to be the lowest responsive and responsible bidder. The bid analysis completed by staff is attached for reference.
The proposed improvements excluding murals, which is being handled separately, include but are not limited to the construction of new tubular steel fencing, new tubular steel pedestrian access gates, refinishing existing Caltrans chain link fencing, new pedestrian concrete paving, new vehicular concrete paving, new concrete mow curb edging, new concrete banding, new ADA compliant decorative permeable concrete pavers, new stabilized decomposed granite (D.G.) paving, new landscape boulders, new decorative rock rubble, new decorative gravel, new irrigation, new trees, new drought tolerant landscape shrubs and turf, new uplighting at existing park signs, new Cantilever Shade Trellis at Bandini Park and Bristow Park, construct concrete low mural wall with Mosaic tile art work at the Leonis Pedestrian Tunnel, perforated trench and curb drain at Leonis Tunnel, new pedestrian lighting, and retrofitting existing Caltrans lighting in the Leonis Tunnel to LED.
The Project is categorically exempt pursuant to Section 15301, Class 1 a & c and Section 15304 Class 4b & f of the CEQA Guidelines consisting of minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality or water quality. The project also includes new gardening and landscaping which includes the replacement of existing conventional landscaping with water efficient landscaping. A copy of the Notice of Exemption was filed with the County Recorder’s Office on March 21, 2024.
Staff recommends that City Council adopt the attached Resolution which in summary does the following:
Approve Plans and Specifications for the Pathways for Hope Project (Clean California Cycle 1 Grant Funded).
Waive any non-material errors in Vido Samarzich, Inc.’s bid and award a construction contract to Vido Samarzich, Inc. as the lowest responsive and responsible bidder for the Pathways for Hope Project in the amount of $4,290,153.68 which includes the following Bid Schedules:
Base Bid Schedule A for improvements at Bandini Park for a total of $701,772.54; Base Bid Schedule B for improvements at Leonis St Pedestrian Tunner for a total of $647,440.74; Base Bid Schedule C for improvements along Leonis St at Bandini Elementary School Parkway for a total of $215,381.00; Base Bid Schedule D for improvements along Couts Ave at Bandini Elementary School Parkway for a total of $79,704.48; Base Bid Schedule E for improvements at Bristow Park for a total of $1,206,243.38; Base Bid Schedule F for improvements at Rosewood Park for a total of $900,111.54; Base Bid Schedule G for improvements at 710 freeway underpass at Triggs St for a total of $42,900.00; Additive Bid Schedule A for improvements at Bandini Park for a total of $168,500.00; Additive Bid Schedule B for improvements at the Leonis Tunnel for a total of $69,600.00; Additive Bid Schedule C for improvements at Bristow Park for a total of $189,500.00.
Additive Bid Schedule D for improvements at Rosewood Park for a total of $69,000.00.
Authorizes up to 10% of the construction contract for construction contingency for unforeseen conditions.
Authorizes up to 10% of the total construction contract and contingencies for Construction Management and Inspection Services.
Authorizes Transtech Engineers, Inc. to proceed with Construction Management and Inspection Service, pursuant to their existing on-call agreement for consultant services.
Allocates $1,212,246.95 from Measure AA funds to cover the estimated total infrastructure project cost shortfall.
Following is a summary of the project cost:
Bid Amount to be Awarded
$4,290,153.68
Construction Contingencies (10%)
$429,015.37
Subtotal
$4,719,169.05
Construction Management, Inspection (10%)
$471,916.90
Total Project Cost
$5,191,085.95
FISCAL IMPACT
The total estimated cost of this project including construction contract, contingencies, construction management, and inspection services is $5,191,085.95 of which remaining budgeted $3,978,839.00 will be covered by the Clean California Cycle 1 Grant based on reimbursement. If the City Council is accepting of staff’s recommendation, additional funds in the amount of $1,212,246.95 from the Measure AA fund will be required (allocated to account no.41-5180-57010.50009) to cover the projected shortfall. The Measure AA allocation is inclusive of the Additive Bid Schedules, detailed in the schedule table above, totaling $496,000.
Funding Source
Budget Amount
Clean California Cycle 1 Infrastructure Amount
(41-5180-57010.50009)
$3,978,839.00
Total Project Cost
$5,191,085.95
Project Budget Shortfall
($1,212,246.95)
ALTERNATIVES:
Approve recommendation
Reject recommendation
Provide staff with further direction
RELATIONSHIP TO STRATEGIC GOALS:
This agenda item relates to the 2016 Strategic Plan, Infrastructure and Facilities:
Guiding Principle 4: Develop and invest in infrastructure and beautification projects that support economic growth Recommended by: Gina Nila, Department of Public Works
Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form by: Noel Tapia, City Attorney
Respectfully submitted by: Ernie Hernandez, City Manager ATTACHMENTS:
Resolution
Bid Analysis
Construction Contract- Vido Samarzich, Inc.