FOR THE COUNCIL MEETING OF JANUARY 17, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: AWARD OF BID FOR THE PREISKER PARK TRAIL PROJECT, BID NO. 2023/01
RECOMMENDATION:
That the City Council adopt a Resolution awarding a bid for the construction of the Preisker Park Trail Project, Bid No. 2023/01.
BACKGROUND:
Under the direction of the City of Santa Maria Recreation and Parks Department, the project was designed by BMLA Landscape Architecture and Bethel Engineering. The scope of work includes creating a walking path located around the perimeter of the park with associate signage.
DISCUSSION:
The Project was extensively advertised for bids. The City received five bids which were opened by the City Clerk's Office on December 27, 2022. A summary of the bids submitted are as follows:
Bidder
Grand Total Bid
R. Cameron Construction
$199,700
JJ Fisher Construction, Inc.
$205,375
John Madonna Construction Company, Inc.
$247,805
J.D. Humann Landscaping, Inc.
$248,325
JF WIII Company, Inc.
$261,601
A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Chief Deputy City Clerk.
During the bid review process, JJ Fisher Construction, Inc., submitted a bid protest. Staff determined that the bid submitted by R. Cameron Construction was deemed to be nonresponsive due to multiple irregularities, including the failure to list the unit prices, uninitialed erasures, the failure to list addresses for subcontractors, experience data, and the failure to list condition/location/ownership of equipment. Therefore, the lowest responsive, responsible bid was deemed to be submitted by JJ Fisher Construction, Inc., in the amount of $205,375.
JJ Fisher Construction from Nipomo, CA has performed and successfully completed similar work for the City of Santa Maria. In addition, they have submitted references for their work
product. Staff has checked the firm's references and are comfortable with the ability of the contractor to perform the work successfully.
The recommended action is to reject the bid submitted by R. Cameron Construction and award the bid to JJ Fisher Construction, Inc., in the amount of $205,375.
Environmental Determination:
The City of Santa Maria Planning Office determined the project is exempt from CEQA Guidelines (Article 19, Section 15301, Class 1) because the scope of work to be conducted is in an existing public facility, with negligible expansion of the existing uses, which qualifies for the "existing facilities" exemption under CEQA, Section 15301, Class 1.
Alternatives
The alternative to the recommended action would be to reject all bids.
Fiscal Considerations
Sufficient funds for this project have been budgeted in FY 22/23 from the accounts titled "Preisker Park Trail Project."
Available Budget Account
801-008-040-52-23
Amount
$ 442,272.00
Estimated Expenditures Amount
Award $ 205,375.00
Contingency (10%) $ 20,537.50
Inspection, Testing, Staff Time $ 15.000.00
Total $ 240,912.50
Impact to the Community
The walking path will enhance the experience for park users. It is designed to be welcoming and pleasing for visitors to the park. The trail is expected to encourage healthy habits and increase exercise as well as to serve in providing emotional or mental relief that comes from being in nature.
Other Agency Review
No other agency review is necessary or anticipated.
THOMAS KORMAN
Principal Civil Engineer
BRETT FULGONI
Director Public Works
Attachments: A: Detailed Bid Results
B: Agreement
2 DETµ0D RIO RESULTS
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Dace printed: 12/27/2022
AGREEMENT
THIS AGREEMENT, made and entered into this 1rh day of January 2023, by and between JJ Fisher Construction, Inca hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner." WITNESSETH:
That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:
1. That Contractor shall complete the work generally described as follows: PREISKER PARK TRAIL PROJECT (PW 2023/01), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.
2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.
Total Bid of TWO HUNDRED FIVE THOUSAND, THREE HUNDRED AND SEVENTY- FIVE
Contract Price in Figures $205,375.00
3. Contractor agrees to complete said work within the contract time of thirty (30) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.
Time is of the essence on this contract.
5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.
In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be five hundred ($500) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.
6. That, in accordance with Section 1774 of the California Labor Code, Contractor will pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.
7. That, in accordance with Section 1775 of the California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.
8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with said Section 1777.5 for all apprenticeable occupations with the prime Contractor.
9. That, except as provided in Section 1815 of the California Labor Code, in the performance of the work not more than eight (8) hours shall constitute a days work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the California Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.
10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the Califomia Labor Code.
11. That Contractor shall have furnished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one -hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one -hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials furnished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.
This contract shall not become effective until such bonds are supplied to and approved by Owner.
12. That Contractor, prior to execution of the contract shall comply with the following Department of Industrial Relations requirements.
1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.
14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)
IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.
CONTRACTOR: OWNER:
JAYSON J FISHER
CEO
Alice Patino
Mayor
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, AWARDING A BID FOR THE CONSTRUCTION OF THE PREISKER PARK TRAIL PROJECT, BID NO. 2023/01
WHEREAS, the City of Santa Maria formally advertised the• Preisker Park Trail Project, Bid No. 2023/01 ("Project"); and
WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bids were publicly opened at 2:00 p.m. on December 27, 2022, in City Hall; and
WHEREAS, JJ Fisher Construction, Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and
WHEREAS, sufficient funds for this budgeted project in FY 22/23 are located in the accounts titled "Preisker Park Trail Project."
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, a public works agreement with JJ Fisher Construction, Inc., for the Preisker Park Trail Project, Bid No. 2023/01; and
2. The award of the bid is conditional upon execution of the agreement by the successful bidder in the form and terms set forth therein by the City; and
3. The City Manager, or designee, is hereby authorized and directed to designate funds from "Preisker Park Trail Project" for the approved project in the amount of $205,375.00; and
4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and
5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of January 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED • 0 FORM:
ty Attorney
A ROVED AS TO CONTENT:
Department Director
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