1 Item: E-9 SANTA ROSA CITY SCHOOLS Office of Business

Item: E-9
SANTA ROSA CITY SCHOOLS
Office of Business Services
BID AWARD FOR THE STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION (CALTRANS) FUNCTIONAL REPLACEMENT OF A
CLASSROOM, RESTROOM BUILDING, PLAYGROUND EQUIPMENT AND
WALKWAYS; RELOCATION OF PLAYGROUND, SOCCER FIELD AND
PLAY AREA AT LUTHER BURBANK ELEMENTARY SCHOOL
May 25, 2005
ISSUE
The Board will consider a bid award for the replacement and/or relocation of fields and
facilities necessitated by the pending widening of US 101 at Luther Burbank Elementary
School.
PREVIOUS BOARD ACTIVITY
This project is the result of a Functional Replacement Agreement entered into with the
State of California to accommodate the future widening of Highway 101. The agreement
was approved by the Board of Education on June 23, 2004 and was a topic on several
Board District Facilities Advisory Subcommittee meeting agendas most recently on April
12, 2005.
EXHIBIT MATERIAL
The exhibit material provided by Knight Wagner Architects includes:
Pages 1-3
Bid Award Letter from Counterpoint Construction Services
Pages 4-6
Projects Costs, Scope and Schedule
Page 7
Site Plan
Page 8
Modular Building Plan
Pages 9-10
Letter to J. K. Merz construction Regarding Bid Omissions
Pages 1-13
Response Letter from J. K. Merz Construction
Page 14
Email Legal Opinion from SCOE Legal Counsel
Pages 15-16 Letter from Caltrans Addressing Construction Impacts
Page 17
Bid Results
DISCUSSION
If the Board awards the bid as recommended, construction will begin on June 13, 2005
and it will be completed August 19, 2005. As noted above, this project is needed to
generally shift the identified improvements further from US 101 as Caltrans will be
encroaching an additional thirty or so feet into the Burbank campus in order to
accomplish the planned widening of US 101 and to make improvements to the
northbound US 101 on ramp from westbound Highway 12. The District and Caltrans
have been working cooperatively on this project for several months. Upon award of this
bid, the only unsettled issues will be potential of classroom disruption caused by pile
driving noise emanating from the Santa Rosa Creek area and the actual land acquisition
by Caltrans that is currently the subject of an independent appraisal process.
1
FISCAL, STAFFING AND FACILITIES ISSUES
Fiscal:
Funds for this project will be reimbursed to the district by the State of
California Department of Transportation. Subsequent to the initial
agreement, the agreement was amended to set up the escrow account in
the amount of $1,794,290 so that the District will be fully reimbursed even
if the Department of Transportation decides at a later time to not widen the
highway due to concerns about state highway funding.
Staffing:
Facilities:
Currently, the project cost estimate indicates that the project costs will be
$1,414,214. After the project is completed and all reimbursements are
made to the District, there will not be an impact on District construction
funds
Staffing levels will not be affected.
Although the overall campus size at Luther Burbank Elementary School
will be reduced due to the US 101 widening, the new relocated facilities
will be substantial improvements over the current facilities.
ALTERNATIVES TO RECOMMENDATION
None are presented.
SUPERINTENDENT RECOMMENDATION
The Superintendent recommends that the Board of Education waive the bidding
irregularities described herein and award the bid for the FUNCTIONAL
REPLACEMENT OF A CLASSROOM, RESTROOM BUILDING, PLAYGROUND
EQUIPMENT AND WALKWAYS; RELOCATION OF PLAYGROUND, SOCCER
FIELD AND PLAY AREA AT LUTHER BURBANK ELEMENTARY SCHOOL to the
lowest qualified bidder, J. K. Merz Construction, Richmond, California in the amount of
$704,000 with full funding to be provided by THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION (CALTRANS).
Report prepared by Doug Bower
5/25/05
Consent Item E-9
2
May 10, 2005
Doug Bower
Santa Rosa City Schools
211 Ridgeway Avenue
Santa Rosa, CA 95401
Re:
Luther Burbank Elementary School – Caltrans Functional Replacement
Bid Award Consideration
Dear Doug,
On April 26, 2005, the District received and opened competitive bids for the Luther
Burbank Elementary School Caltrans Widening Functional Replacement project,
including Replacement Building and Playground Facilities. Three bids were received,
with a bid variance of less than 5% between low and high bid:
1)
J.K. Merz Construction, Inc.
$704,000.00
2)
A.E. Nelson Construction
$709,000.00 0.7% above low bid.
3)
BCC General Contractors
$739,000.00 4.9% above low bid.
The estimated hard and soft costs do not exceed the approved budget for this project.
Regarding the variance between the actual bid, and the construction cost estimate
prepared by our firm, we note that our original estimate for the Modular Construction
was higher than the quotation that was eventually received from Modtech. This
accounts for a significant portion of the variance in hard construction costs. Additionally,
in an effort to be conservative in a widely fluctuating bid market, we had included
significant contingency amounts for design process, escalation and volatile bidding
markets. It is also apparent that we generally overestimated some of the costs.
Process:
Extensive meetings have been held over the last year to address site staff concerns,
programming, schedule, access, fire department concerns and coordination with the
pending Caltrans Widening project.
Letter to Doug Bower – Santa Rosa City Schools
Luther Burbank Elementary School – Caltrans Functional Replacement
Bid Award Consideration
May 10, 2005
Page Two
Potential Bid Irregularity:
The low bidder omitted certain information that was required in the Bidder’s
Questionnaire. I issued written request for clarification on this matter, and obtained a
satisfactory reply from J.K. Merz, Inc. After checking numerous references, including
Barbara Morgan of Rancho Cotati Unified School District, it appears that the contractor
is a reputable and reliable contractor who installs quality work. Clare Gibson at SCOE
Legal Services reviewed the associated correspondence, and has indicated that barring
any bid protest, the omissions represent ‘non-substantive irregularities’ that may be
waived. I have attached complete copies of these documents for reference.
Potential Impact Due to Caltrans Construction Project:
As part of the Caltrans Widening project, Pile Driving along the Creek will begin on June
15 of this year and continue until October 15, 2005. The dates are established by permit
from the U.S. Department of Fish and Game, and from their point of view, these dates
are not negotiable due to the potential for contamination of the creek drainage during
rainy months. Due to District concern over the potential negative impact that Pile Driving
may have on the daily educational process this fall, we have requested that Caltrans
include language in their construction documents that will require their Contractor to
complete the work prior to August 19, 2005, or perform work after school hours. At the
time of this letter, Caltrans is taking this request under consideration. As an alternative,
we have also indicated to Caltrans that they will need to pay for the relocation of the
campus during the fall 2005 semester.
Recommendation:
Given that the bid amount is within the budget for this project, and the bidder appears to
be qualified to perform the work, if acceptable to the District, we recommend that this
project be awarded to J.K. Merz Construction, Inc.
Sincerely,
COUNTERPOINT CONSTRUCTION SERVICES
Neil Bohn
CC:
Barbara Luchte (w/encl.)
Louise Bostrom (w/encl.)
Letter to Doug Bower – Santa Rosa City Schools
Luther Burbank Elementary School – Caltrans Functional Replacement
Bid Award Consideration
May 10, 2005
Page Three
Attachments:
• Knight Wagner Architects Bid Award Letter, including budget, schedule and
process information.
• Knight Wagner Architects Bid Results Tabulation.
• Knight Wagner Architects Site Map(s) and Building Floor Plan.
• Counterpoint Construction Services Fax Message to J.K. Merz Construction, Inc.
regarding omissions in the Bidder’s Questionnaire.
• J.K. Merz Construction, Inc. written response to omissions letter.
• Clare Gibson email letter regarding the omissions in the Bidder’s Questionnaire.
• Counterpoint Construction Services Construction Cost Report.
Knight
Wagner
Architecture
Project Cost – Burbank Elementary School CalTrans Widening
Functional Replacement Building & Playground Facilities
5/11/05
As-Bid Construction Cost:
•
Increment 1 - Modtech Building Cost:
•
Increment 2 - Sitework Cost:
J. K. Merz Construction , Inc.
•
Change Order Contingency (15%):
Total Estimated Construction Cost:
Estimated Soft Cost:
•
Architect’s Fees:
•
Blue Printing / Reproduction:
•
Architect’s Contingency:
•
Inspector(s) of Record:
•
Testing & Geotech:
•
Construction Management:
•
Legal Fees:
•
Other District Consultants:
•
Property Appraisal:
•
DSA Fees:
•
Advertisements
•
Tinkler Associates Consultation:
•
District Data, Telephone:
•
ESP Security Alarm:
Total Estimated Soft Cost:
Subtotal of Hard & Soft Costs:
Overall Contingency (15%):
Total Hard & Soft Costs:
$166,483.00
$704,000.00
$130,864.00
$1,003,292.00
$74,500.00
$5,000.00
$7,800.00
$23,000.00
$18,000.00
$49,831.00
$20,000.00
$15,000.00
$3,225.00
$3,000.00
$703.00
$400.00
$2,000.00
4,000.00
$226,459.00
$1,229,751.00
184,463.00
$1,414,214.00
Project Schedule
Bidding Phase
•
Bid Opening:
•
Award Contract:
•
Issue Notice to Proceed:
Construction Administration Phase
KWA - May-05
April 26, 2005 – 2:30 pm
May 11, 2005
May 25, 2005
Page - 1
•
•
•
Mobilize On-site:
Start Construction:
Complete Construction
June 13, 2005
June 13, 2005
August 19, 2005
Scope of Work – Burbank Elementary School CalTrans Widening
Functional Replacement Building & Playground Facilities
Functional Replacement School Building Facilities:
A.
B.
C.
One Replacement Classroom: District standard 960 square foot modular
classroom, with two exterior entrance doors, 12’ of base cabinet with a sink,
16’ of teaching wall cabinet with by-pass white boards, 20’ of countertop
workspace, and a 4’ teacher’s wardrobe cabinet, installed on a common
permanent concrete foundation with the replacement toilet-rooms.
Replacement Toilet Rooms & Storage: District standard 12’ x 40’ toiletroom modular, including storage and accessible toilet rooms for girls and
boys, installed on a common permanent concrete foundation with the
classroom.
Utilities, Exterior Lighting, Fire Alarm, Etc: Utility connections will be
provided for the building and exterior vandal resistant site lighting. The
replacement building will be connected to the existing campus fire alarm,
clock & bell, telephone, and data systems.
Functional Replacement Playground Facilities:
A.
B.
C.
D.
Replacement Play Structure: One play structure will be removed to allow
room for the new sound wall. An ADA accessible play structure will be
replaced in a location next to the existing play structure at the southwest
corner of the existing classrooms.
Playground Area: The existing playground will require resurfacing and
striping for activities.
Replacement Soccer Field / Turf Area: The existing soccer field will be
removed to allow room for the replacement building. The soccer field (100' x
130', sized for under 9 year olds) will be relocated south of the school
buildings. Existing walkways and 17 existing trees will be removed as part of
this work. Replacement trees are required by City ordinance.
Replacement Walkways and Paved, Fenced Play Area: Replacement
concrete walkways will be installed to provide access to the building and
paved play areas without ramps. A paved and fenced play area, including
site lighting, will be relocated south of the replacement soccer field.
Process:
In developing plans for the project, meetings have been held with Patricia Turner,
Principal, and the staff at Burbank Elementary School. Civil engineering
KWA - May-05
Page - 2
drawings have been coordinated with Caltrans, and the Santa Rosa Fire
Department has been consulted regarding required emergency site access and
hydrant locations.
KWA - May-05
Page - 3
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COUNTERP
INT
Fax Transmittal
., April 28, 2005
To:
John Merz
JK Merz Construction, Inc.
Fax if 510-232'"2082
Re:
Burbank ElementarySchool- PortableClassroom& Playgrounds
BIDDER'S QUESTIONNAIRE
Dear Mr. Merz,
After reviewing your bid proposaJ, specifically the Bidder's Questionnaire, it
appears that you have omitted several items. Please provide written explanation
regarding the following:
Refer to paragraph B - Nature of Operations. You did not provi~e an answer to
question no. 1, indicating how long you have been in businessunder your
present business name. Please explain.
Refer to paragraph B - Nature of Operations. You did not provide an answer to
question no. 2, indicating how many years of construction experience your firm
has doing similar work. Please explain
Refer to paragraph B - Nature of Operations. You did not respond adequately or
completely to question no. 3a, 3b and 3c, which require detailed information on
past projects completed, and projects that you failed to complete, if any. Please
explain.
Refer to paragraph C - Financial and Credit Data. Question 1 states: "If your bid
is considered for award, and if requested by the Board of Trustees, will you
supply the following data?" You have checked the box indicated "NO", meaning
that you will not provide data regarding banks that you regularly do business
with, contracts payable information or credit references. Please provide a written
explanation as to why you checked the box indicating "NO".
Refer to paragraph C, Financial and Credit Data, question 3. You did not provide
any information regarding the type of businesses that you have been engaged in
over the past five years. This section is blank. Please elaborate.
85 Brookwood Avenue, Suire 25
Santa Rosa, CA 95404
P 707,545,8440
F 707,545,8442
Lic.* 407339, Class A&:B
Letter to J. K.MerzConstruction, Inc.
Burbank Elementary School- Relocatable Classroom and Playgrounds
Bidder's Questionnaire
April 28, 2005
Page Two
Refer to paragraph C, Financial and Credit Data, question 4. You did not provide
the name(s) of any surety company that may be contacted as references for the
financial responsibility and gel1eral reliabilityof the bidder. Please provide the
missing Surety Company name, contact person and phone number.
You have included a single page that indicates corporate information and what
appears to be information orr four projects, all of which are dated between 2000
and 2002. Are you stating that you have only been involved in the four projects
listed, or are these four selected projects from a larger list? Are the projects
completed? Started? Please elaborate.
It is important to note that the following statement appears in the Bidder's
Questionnaire: ''The questionnaire must be filled out accurately and completely
and submitted with the bid. Any errors, omissions or misrepresentation of
information may be considered as a basis for the rejection of the bid..."
Also, on the face of your bid proposal, page 1, you left blank the reference
information concerning your bidder's security. Please provide an explanation.
I cannot understate the importance of your timely, complete written response to
the forgoing questions. Please fax your reply to me no later than 5:00 p.m. today.
Sincerely,
COUNTERPOINT CONSTRUCTION SERVICES
Construction Manager for Santa Rosa City Schools
CC:
Doug Bower - Santa RosaCity Schools- 528-5103
Clare Gibson - SCOE Legal Services - 578-0517
Louise Bostrom - Santa Rosa City Schools - 528-5698
Barbara Luchte - Santa Rosa City Schools - 528-5204
Jerry Wagner - Knight Wagner Architecture - 528-4052
Jim Bohn - Counterpoint Construction Services
Attachments:
·
J.K. Merz Construction,Inc. Bid ProposalForm. (13 pages)
85 Brookwood Avenue, Suite 25
CA95404
Santa Rosa,
p 707-545-8440
F 707-545-8442
Uc.# 407339, ClassA&:B
@
Page 1 of 2
From: Clare Gibson [[email protected]]
Sent: Thursday, April 28, 2005 4:21 PM
To: 'Neil Bohn'; 'Barbara Luchte'; 'Doug Bower '; 'Louise Bostrom'
Cc: 'Jim Bohn'; 'Jerry Wagner'
Subject: RE: Burbank Caltrans Functional Replacement Project - Merz Construction Response
Hi All,
Based upon my review of the documents provided by Neil, it appears that the omissions on the Bidder’s
Questionnaire and Bid Proposal Form submitted by Merz are nonsubstantive irregularities which may be waived
since the omissions have no bearing on the amount of the bid, and therefore did not afford Merz an unfair
advantage over other bidders nor allow it to withdraw its bid without waiving its bid bond. Merz appears to have
responded fully and promptly for the request for further missing information. Unless a bid protest is filed before
the 5 p.m. deadline tomorrow, and assuming the bid is responsive in all other respects and Merz is a responsible
bidder, it appears reasonable to go forward with a recommendation to award the contract to Merz as the low
bidder.
Please let me know if you have any questions in this regard.
Regards,
Clare
-----Original Message----From: Neil Bohn [mailto:[email protected]]
Sent: Thursday, April 28, 2005 3:31 PM
To: Barbara Luchte; Doug Bower ; Louise Bostrom
Cc: Jim Bohn; Jerry Wagner; Claire Gibson
Subject: Burbank Caltrans Functional Replacement Project - Merz Construction Response
Attached is J.K. Merz’ reply to my previous fax letter regarding omitted
information on their Bidder’s Questionnaire. I have contacted some of the
individuals for references with the following results:
1) Mr. Clay Thomspon – Surety agent. Clay indicated that Merz has been
doing small to medium jobs in Marin and Sonoma for over twenty years
that he knows of, usually only taking on one or two projects at a time. He
indicated that the firm is very reliable and does good work.
2) Nannette at TLCD – “He is a stand-up contractor”.
3) Barbara Morgan at Rancho Cotati Unified – “Excellent contractor to work
with…”.
4) John Dypszak at TLCD – I left a message.
5) Richard Hinman at Nordby – I left a message.
John Merz explained that during the ‘heat of bidding’, the bid runner simply
omitted the information.
Given the forgoing, and in light of the fact that there is no bid protest, I will
process my recommendation based upon Merz’ bid.
Clare:
Please verify that you agree with this approach.
Neil Bohn
file://F:\Board%20Meetings\BOARD%20MEETINGS%2004-05\04-05%20May\May%20... 5/17/2005
Page 2 of 2
Phone 707-545-8440
file://F:\Board%20Meetings\BOARD%20MEETINGS%2004-05\04-05%20May\May%20... 5/17/2005
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DEPARTl\1ENT OF TRANSPORTATION
DIVISION OF RIGHT OF WAY
III GRANDAVENUE
P. O. BOX23440- MS IIA
OAKLAND, CA 94623-0440
PHONE (510) 286-5466
FAX (510) 286-5366
TTY (800) 735-2929
RHL;,nIV ED
Flex your power!
Be energy ejjicient!
MAY 6 - ;EC'D
d..od ~
BU51NES$ OFFIC!:.
SANTA ROSA aTY SCHCOL~
Apri127,2005
4-Son-10l-K.P.31.9
Parcel 59369
E.A. 245402
City of Santa Rosa (Elementary) School District
211 Ridgeway Avenue
Santa Rosa, CA 95401-4320
Attention: Douglas R. Bower, Associate Superintendent
Dear Mr. Bower:
During our April 12thmeeting at your office, both you and members of your Facilities
Sub-Committee. raised questions regarding noise during construction of the State of
California's proposed US 101 widening project between Highway 12 and Steele
Lane. I promised to research the construction details and possible noise issues and
provide you with a response.
As you are aware, staff members from Caltrans have previously met on several
occasions with you and other school officials beginning in June of 1999 to explain
the State's proposed project and possible impacts to the Luther Burbank Elementary
School. Also, copies of the Draft Environmental Assessment/Environmental Impact
Report were sent to District Superintendent, Mel Solie, and School Principal, Marty
Cassity, for review and comment during the Draft Environmental Document phase
of-the proposed project.
The proposed freeway project is rapidly approaching and hopefully the following
information will prove to be useful for you and the Facilities Sub-Committee.
The State's current construction schedule has the contractor for the "12 to. Steele"
project beginning work in March of 2006. Work done in the spring will not be
adjacent to the Luther Burbank School property.
As has been promised in the past, the State's contractor will not commence work
adjacent to school property until after the school year ends in mid June. Work
"Caltrans improves mobijjtyacross California'0
adjacent to the school will commence with the installation of a temporary fence. The
area will then be cleared and a retaining wall will be built from North to South. The
construction of the retaining wall will be the noisiest part of construction that occurs
adjacent to the school.
It is anticipated that the retaining wall will be completed by the end of August 2006.
After completion of the retaining wall, construction of the soundwall will commence
and will be constructed by hand. The construction of the soundwall should last
approximately four to six weeks and handwork is quiet in nature. The existing
soundwall will not be demolished until after the new soundwall is completed.
In the area of Santa Rosa Creek, pile driving will commence on June 151hand may
last until October 151h,2006. The June to October timeframe is based on a permit
issued by the California Department ofFish and Game and cannot be modified.
It is anticipated that the construction of the proposed project will last approximately
three years. Near the end of the project, the Pedestrian Overcrossing at Sonoma
Avenue will be demolished.
It does not appear that any work on the Highway 12 Interchange east ofDS 101 will
occur above the height of the newly constructed soundwall. Therefore, the possibility
that noise during construction would travel from the Highway
12 Interchange
. .
towards the school buildings should be minimal.
Hopefully the above description of construction activities satisfies your concerns.
Before construction begins, you will be provided with the name and phone number of
the Caltrans' Resident Engineer for Construction. The Caltrans' Resident Engineer
monitors the activities of the State's contractor during construction.
I wish to propose that the Caltrans' Project Manager, Caltrans' Resident Engineer
and myself meet with you and any interested school officials at the end of July 2006
for a status update of how construction of the project is progressing.
In the meantime, if you have any questions regarding noise or construction of the
State's pr~posed project, the project manager, Rey Centeno, can be contacted at
(510) 286-5800.
Sincerely,
§kuJu;J~
JOSEPH M. BASUINO
District Branch Chief
RfW Acquisition Services "B"
"Caltrans improves mobilit.vacross California"
@