City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council award a contract to Bobco Metals, as the lowest
responsive and responsible bidder, to complete the necessary work for the Skate
Park Fencing Project, P-830, located at 9800 Jefferson Boulevard.
BACKGROUND:
After several years of planning and anticipation, the permanent Skate Park in Culver
City Park was built and opened in 2007; the dedication ceremony was held on
October 27, 2007.
On October 30, 2007, $50,000 in Los Angeles County Proposition A Excess funds
were approved and became available for Skate Park amenities, as determined by
the City Council. On March 4, 2008, the Parks, Recreation and Community Services
(PRCS) Commission discussed suggestions for the use of the $50,000 in
Proposition A funds at the Skate Park. At that time, a list of several project elements
were recommended for City Council consideration by the Commission, including: (1)
A shade structure; (2) a drinking fountain; (3) permanent bleachers; (4) landscaping
improvements; (5) informal observational seating improvements built into the hill
adjoining the park; and, (6) trash receptacle improvements.
By the time this issue went to the City Council on April 21, 2008, the chain link fence
installed at the Skate Park had been repeatedly vandalized (i.e., cut to gain access
to the Park when closed). As a result, removal of the current fence and installation
of tubular steel fencing was added to the list of proposed Skate Park amenities. The
Meeting Date: 04/13/09 Item Number: C-7
AGENDA ITEM: (1) Acceptance of $2,790 in Bid Bond and Withdrawal of Bid
Submitted by Dash Construction Company and (2) Award of a Contract to Bobco
Metals for the Culver City Skate Park Fence Replacement Project, P-830.
Contact Persons/Dept.: Hong
Wang/Public Works Department
Phone Number: (310) 253-5604
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master E-Mail Notification List (04/08/09); PRCS Email Notification
List of Skate Park Stakeholders (04/08/09), Bobco and all other bidders, (by telephone
on 04/08/09).
Department Approval:
Charles D. Herbertson (04/02/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (04/07/09)
Chief Financial Officer Approval:
Jeff Muir (04/08/09)
City Manager Approval:
Jerry B. Fulwood (04/08/09) City of Culver City, California
City Council Agenda Item Report
City Council approved adding the replacement of the Skate Park fence to the six
amenities listed above, and authorized staff to use the available Proposition A funds
accordingly, with all necessary contracts returning to the City Council for
consideration and potential award. Funding for the remaining proposed Skate Park
amenities has not been identified at this time.
DISCUSSION:
The Skatepark Fence Replacement Project was advertized for construction bids in
the local newspaper, City’s website, and in trade journals. On March 26, 2009, the
Deputy City Clerk publicly opened bids. Ten Contractors responded with the
following bid amounts:
CONTRACTOR BID AMOUNTS
1. Dash Construction Company $27,900
2. Bobco Metals $60,910
3. Built-rite Fence Company $62,255
4. Harris Steel Fence Company $69,750
5. Fence Corporation, Inc. $107,965
6. United Fence Erectors $108,000
7. Guardian Fence, Inc. $113,740
8. Malibu Pacific $115,300
9. Quality Fence Company, Inc. $117,747
10. Alcorn Fence Company $123,405
The apparent lowest bid was from Dash Construction Company (Dash). Staff was
informed by Dash that their bid of $27,900 contained mistakes and the Company
wished to withdraw its bid (see attachment 1). A second document submitted by
Dash shows the cost from a steel fence supplier for non-galvanized steel is $10,807
(attachment 2, dated March 31, 2009, after the bid opening date). A third document
submitted by Dash indicated that the additional cost for the required hot dip
galvanized steel was $9,750 (attachment 3) and was left out in its bid proposal to the
City. The Contractor was unable to provide to the City a written quote for non-
galvanized steel dated before the bid opening that would have been used in the
preparation of its bid.
The Public Contract Code states that specifically, the bidder must establish that: (a)
a mistake was made; (b) he or she gave the public entity written notice within five
days after the opening of the bids of the mistake, specifying in the notice in detail
how the mistake occurred; (c) the mistake made the bid materially different than he
or she intended it to be; and (d) the mistake was made in filling out the bid and not City of Culver City, California
City Council Agenda Item Report
due to error in judgment or to carelessness in inspecting the site of the work, or in
reading the plans or specifications.
Based on the evidence provided by Dash, it is the opinion of staff that the mistake in
their bid was based on carelessness in their review of the plans and specifications
and not due to clerical or mathematical errors.
On April 1, 2009, Dash delivered a cashier’s check to the City in the amount of
$2,790 (10% of the bid amount) and requested to be relieved of the bid. Staff
recommends that the City Council reject Dash’s bid and accept the $2,790 cashier’s
check in lieu of the bidder’s bond.
Bobco Metals
Staff reviewed the bid proposal of the apparent second lowest bidder, Bobco Metals,
and found the bid documents responsive and complete. Bobco Metals’ bid bond,
contractor’s license, and worker’s compensation insurance were reviewed and
determined to meet City requirements. Bobco Metals has completed several similar
projects for other municipal agencies in the local region. Representatives from the
City and County of Los Angeles indicated that Bobco performed in a satisfactory
manner on their metal fence installation projects.
Staff recommends that it is in the City’s’ best interest to accept Dash’s request to
relieve it from the bid, and award the construction contract to Bobco Metals, as the
lowest responsive and responsible bidder for the Culver City Skate Park Fence
Replacement Project (P-830) .
Engineering Division staff will perform construction management and, along with the
Parks Division staff, will conduct the inspection of the work. Construction is
expected to commence in May 2009 and is slated to be completed within twenty
working days.
Pursuant to Los Angeles County Proposition A Excess Fund grant requirements,
staff will bring a proposed Youth Employment Plan for this project and the Culver
City Park Playground project to the City Council for consideration as soon as an
appropriate role for a workforce composed of At-Risk Youth (as defined by the Los
Angeles County Regional Park and Open Space District) is identified. Expenditures
for the project will be not reimbursed by the Regional Park and Open Space District
until a Youth Employment Plan has been adopted at a public meeting of the City
Council. A plan should be forthcoming to the City Council very soon.
City of Culver City, California
City Council Agenda Item Report
FISCAL ANALYSIS:
Staff recommends that a ten percent (10%) contingency be added to Bobco Metals’
base bid of $60,910, bringing the total funding needed for the project to $67,000.
Sufficient funds are available in 42300830 (Grants Capital Fund- Prop A funds) and
42000830 (Capital Improvements and Acquisitions Fund – General Fund monies for
the original construction contract for the Skate Park that are remaining) to award this
construction contract.
Current Project Budget
Funding Source Amount
Proposition A $ 50,000
General Funds $54,411
Total = $ 104,411
Estimated Project Expenses
Construction $60,910
Contingency (10%), if necessary $ 6,090
$ 67,000
Proposed Project Budget
Proposition A $50,000
General Funds $17,000
$ 67,000
ATTACHMENTS:
1. Letter from Dash Construction Company dated March 30, 2009.
2. Quote for non hot-dip galvanized steel dated March 31, 2009
3. Quote for additional cost to galvanize steel dated March 31, 2009
MOTIONS:
That the City Council:
City of Culver City, California
City Council Agenda Item Report
1. Accept the withdrawal of the bid by Dash Construction Company and the $2,790
cashier’s check in lieu of filing a claim on the bid bond;
2. Award a construction contract to Bobco Metals for construction of the Skate Park
Fencing Project in the amount of $60,910; and,
3. Authorize the Public Works Director/City Engineer to approve change orders, if
necessary, in an amount not to exceed $6,090 (10%); and,
4. Authorize the City Attorney to review/prepare the necessary documents; and,
5. Authorize the City Manager to execute such documents on behalf of the City.