HomeMy WebLinkAbout2021-07-13; City Council; ; Construction Contract and Cooperative Purchase Agreement for the Poinsettia Community Park Phase IV Improvements ProjectMeeting Date: July 13, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Tim Selke, Parks Services Manager
tim.selke@carlsbadca.gov, 760-434-2857
Subject: Construction Contract and Cooperative Purchase Agreement for the
Poinsettia Community Park Phase IV Improvements Project
District: 3
Recommended Action
Adopt a resolution awarding a construction contract to Senitica Construction Inc. for the
Poinsettia Community Park Phase IV Improvements Project, Capital Improvement Program
Project No. 4608, in an amount not to exceed $1,870,600; authorizing the cooperative
purchase, through the use of a California Multiple Award Schedule contract, for a pre-
engineered restroom building kit from Romtec Inc. in an amount not to exceed $175,957; and
appropriating $25,000 in additional funds from the Public Facilities Fee Fund.
Executive Summary
The development of the Poinsettia Community Park Phase IV Improvements Project was
identified in the Poinsettia Community Park Master Plan. The project’s proposed amenities
include an off-leash dog park, parking lot and restroom.
The City Council approved the contract documents, plans and specifications for the project and
authorized the City Clerk to advertise for public bids on Jan. 12, 2021. (Resolution No. 2021-
001).
The city received 11 bids on Feb. 23, 2021. On April 13, 2021, the council adopted Resolution
No. 2021-076 rejecting all bids received.
The project was re-advertised for public bids on April 14, 2021, and a total of 12 bids were
received just over a month later, on May 18, 2021.
Staff recommend the City Council award a construction contract to Senitica Construction Inc. in
an amount not-to-exceed $1,870,600, and appropriate $25,000 in additional funds for the
procurement and installation of security cameras at the site, which staff anticipate will be
handled by a separate contractor.
July 13, 2021 Item #7 Page 1 of 23
Staff also recommend that the council authorize the purchase of a pre-engineered restroom
building kit from Romtec for an amount not to exceed $175,957. This purchase is a cooperative
purchase based the California Multiple Award Schedule contract.
The City Council’s approval is required because the construction contract exceeds $200,000, in
keeping with Municipal Code Section 3.28.080(C). The city’s purchasing policy also requires the
City Council’s authorization for purchases over $100,000.
Discussion
In 2014, the City Council approved an amendment to the Poinsettia Community Park Master
Plan for the Phase III Construction Project, which included – among other amenities – an off-
leash dog park in a central area of the community park. Before staff asked the City Council to
award the construction contract for the improvements, multiple residents requested that the
dog park be moved from its master planned location in a grass-covered detention basin,
expressing a desire to save the “grassy bowl” as an unstructured play area.
In 2017, the City Council directed staff to revise the plans and specifications for the Phase III
Construction Project to remove the dog park and explore its relocation to another area in
Poinsettia Community Park that had previously been envisioned for a multigenerational
community center (Resolution No. 2017-185).
Staff sought community input and found that nearly 80% of the responses supported relocating
the dog park to the east side of the park, on a pad south of the main entrance. Given the
community’s expressed support, the City Council authorized staff to pursue relocation of the
dog park as a separate project – Poinsettia Park Phase IV Project (Resolution No. 2018-020).
The Planning Commission approved the conditional use permit amendment and coastal
development permit for the updated project on Aug. 21, 2019. The city received no additional
correspondence on the item from the public and there were no speakers at the public hearing.
Although additional parking was not required in conjunction with the approval of the
conditional use permit and the coastal development permit for the dog park, staff received
correspondence from numerous patrons and neighbors about the demand for parking during
heavily attended park activities. Staff also identified the need for the addition of a restroom in
this area of the park for patrons of the pickleball courts, the upper tennis courts and the
proposed dog park.
The Planning Division approved a consistency determination for the subject parking lot and
restroom on Oct. 31, 2019. On Nov. 18, 2019, the Parks & Recreation Commission
recommended the City Council approve an amendment to the Poinsettia Community Park
Master Plan to relocate the proposed off-leash dog park and add an adjacent parking lot and
restroom. The City Council approved that amendment Dec. 10, 2019, (Resolution No. 2019-
255).
On Jan. 12, 2021, the City Council approved the contract documents, plans and specifications
for the Poinsettia Park Phase IV Project and authorized the City Clerk to advertise the project
for public bids (Resolution No. 2021-001). The project was advertised for bids On Jan. 14, 2021
and a mandatory pre-bid meeting was held Jan. 28, 2021, via Zoom. The city received 11 sealed
bids for the construction of the project on Feb. 23, 2021.
July 13, 2021 Item #7 Page 2 of 23
After opening of the bids, the city received a formal bid protest from Tri-Group Construction.
The bid protest alleged that the three apparent lowest bidders did not possess the required
experience for installation of the pre-engineered restroom building. After a detailed review of
the bid protest and the advertised bid documents, staff recommended the City Council reject all
of the bids that had been received, consistent with Carlsbad Municipal Code section 3.28.080 –
Construction Projects, subsection I, 3., the City Council rejected all bids with Resolution No.
2021-076 on April 13, 2021 and the Poinsettia Phase IV Project was re-advertised for bids the
following day, on April 14, 2021.
A second mandatory pre-bid meeting was held via Zoom on April 27, 2021, and the city
received 12 bids on May 18, 2021. The bid amounts were:
Bidder Bid amount
Senitica Construction Inc. $1,870,600.00
3-D Enterprises Inc.$1,876,000.00
Tri Group Construction $1,912,000.00
GEM Industrial Electric Inc. $1,944,000.00
De La Fuente Construction Inc. $1,952,525.40
Dick Miller Inc. $1,970,723.00
RAL Investment Corporation $2,021,050.00
Whillock Contracting Inc. $2,086,328.00
C.S. Legacy Construction Inc.$2,091,876.00
Palm Engineering Construction Company Inc. $2,168,000.00
Caliba Inc. $2,195,958.00
Fordyce Construction Inc. $2,594,242.00
Following the opening of the bids, a formal bid protest was received from 3-D Construction
(Exhibit 3). The bid protest alleged that the bid for the apparent low bidder, Senitica
Construction, should be deemed nonresponsive based on its listing of an asphalt subcontractor
that is not properly licensed to do that work. After review of the bid protest by the City
Attorney’s Office it was determined that Section 4107(a)(6) of the California Public Contract
Code allows the substitution of a subcontractor when the listed subcontractor is not licensed as
outlined in the state law on contractor licensing. On June 7, 2021, staff notified 3-D
Construction the city has consented to Senitica’s request to substitute a properly licensed
subcontractor for the asphalt work. Senitica will also be required to find a subcontractor to do
the work for the exact amount that was originally bid, so there would be no competitive
advantage over any other bidder who bid on the project.
For cost effectiveness, staff recommend that the city purchase and supply the materials for the
restroom building through the use of a cooperative purchase agreement. Carlsbad Municipal
Code Section 3.28.100 allows for the purchase of goods and/or services through cooperative
purchase agreements established by another agency when that agency has made its purchase
in a competitive manner and the city's Purchasing Officer determines the purchase is in the
July 13, 2021 Item #7 Page 3 of 23
city's best interest. The pre-engineered restroom building kit selected for the project is
available from Romtec Inc. via a cooperative purchase agreement competitively selected and
priced through the California Multiple Award Schedule (Contract #4-20-54-0011B). The use of
such cooperative purchase agreements is available to state and local government agencies.
Purchasing and supplying these materials to the contractor will save the city over $14,000 in
actual costs, along with an estimated $40,000-$50,000 in contractor markups on the materials.
The city’s Purchasing Officer has determined that this purchase is in the city's best interest
(Exhibit 4).
Options
Staff provide the following options for the City Council’s consideration on the Poinsettia
Community Park Phase IV Improvements Project:
1.Accept bids and award a construction contract to Senitica Construction Inc. in an
amount not to exceed $1,870,600
Pros
•The company was the lowest responsible and responsive bidder
•Awarding the contract complies with applicable municipal code sections
•Improvements can be completed at the earliest opportunity
Cons
•None identified
2.Reject all bids and re-issue the bid solicitation
Pros
• None identified
Cons
•Delays start of construction of necessary improvements
•Likely higher bids and increased contract cost
•Likely to require additional funding appropriation
•Potential protest by the lowest responsible and responsive bidder
3.Reject all bids and abandon the project
Pros
• None identified
Cons
•Does not address expressed public desire for amenities at Poinsettia Community
Park
Staff recommends Option 1 – accepting bids and award a construction contract to Senitica
Construction Inc. in an amount not to exceed $1,870,600.
Fiscal Analysis
The engineer’s estimated construction cost for this project was $1,882,206. Total funding for
the Poinsettia Phase IV Project, in an amount of $2,813,140 from the Public Facilities Fee Fund,
has been appropriated to date. Staff recommends an appropriation of $25,000 in additional
funds from the Public Facilities Fee Fund, for the procurement and installation of security
cameras at the site, which is anticipated to be addressed via a separate contractor.
July 13, 2021 Item #7 Page 4 of 23
Poinsettia Park Phase IV Improvements Project – Capital Improvement Program No. 4608
Construction contract $1,870,600
Construction contingency $187,060
CMAS contract for pre-engineered restroom building kit $175,957
Security cameras/cabling $25,000
Public art $20,465
Construction management and inspection services (contractual and staff) $350,650
TOTAL PROJECT COSTS (ESTIMATED) $2,629,732
TOTAL PROJECT FUNDING AVAILABLE $2,604,732
ADDITIONAL APPROPRIATION NEEDED ($25,000)
Next Steps
Staff will complete the execution of the contract documents with Senitica Construction Inc.,
procure the pre-engineered restroom building kit from Romtec, and will schedule a pre-
construction meeting. Staff anticipate construction to commence in summer 2021 and to be
completed in spring 2022.
Environmental Evaluation (CEQA)
On Oct. 7, 1992, the Planning Commission approved Conditional Use Permit No. 92-5 and
adopted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program
for the Poinsettia Community Park. On Aug. 21, 2019, the Planning Commission found that the
Poinsettia Park Phase IV Project is within the scope of the prior environmental document and
no further environmental documentation is required under California Environmental Quality
Act Guidelines Section 15162.
All applicable mitigation measures contained in the prior environmental document have either
been satisfied previously, will be incorporated into the Phase IV Project’s construction
documents, plans/specifications, are existing Parks & Recreation Department policy, and/or are
conditions of approval in Planning Commission Resolution No. 7343 for the Phase IV Project.
The addition of the parking lot and restroom are also within the scope of the prior
environmental documents and are consistent with the uses allowed in the Poinsettia
Community Park Master Plan.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Poinsettia Park Phase IV Improvements Project – Capital Improvement Program No. 4608
Project appropriation $2,813,140
Project expenditures/encumbrances to date $208,408
TOTAL PROJECT FUNDING AVAILABLE $2,604,732
July 13, 2021 Item #7 Page 5 of 23
Exhibits
1.City Council resolution
2.Quote from Romtec Inc. dated May 14, 2021
3.Bid protest and response letter dated June 7, 2021
4.Purchasing Officer’s approval to use a cooperative purchase agreement
July 13, 2021 Item #7 Page 6 of 23
RESOLUTION NO. 2020-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO SENITICA
CONSTRUCTION, INC. FOR THE POINSETTIA COMMUNITY PARK PHASE
IV IMPROVEMENTS PROJECT, CIP NO. 4608 IN AN AMOUNT NOT TO
EXCEED $1,870,600; AUTHORIZING THE COOPERATIVE PURCHASE
THROUGH THE USE OF A CALIFORNIA MULTIPLE AWARD SCHEDULE
CONTRACT, FOR A PRE-ENGINEERED RESTROOM BUILDING KIT FROM
ROMTEC, INC., IN AN AMOUNT NOT TO EXCEED $175,957; AND
APPROPRIATING $25,000 IN ADDITIONAL FUNDS FROM THE PUBLIC
FACILITIES FEE FUND
WHEREAS, the development of the Poinsettia Community Park Phase IV Improvements Project
is identified in the Poinsettia Community Park Master Plan; and
WHEREAS, the project's proposed amenities include an off-leash dog park, parking lot and
restroom; and
WHEREAS, on Aug. 21, 2019, the Planning Commission approved the conditional use permit
amendment and coastal development permit for the project; and
WHEREAS; although additional parking was not required in conjunction with the approval of
the conditional use permit and the coastal development permit for the dog park, staff received
correspondence from numerous patrons and neighbors about the demand for parking and identified
the need for the addition of a restroom; and
WHEREAS; on Oct. 31, 2019, the Planning Division approved a consistency determination for
the subject parking lot and restroom; and
WHEREAS, on Jan. 12, 2021, the City Council approved the contract documents, plans and
specifications for the Poinsettia Community Park Phase IV Improvements Project and authorized the
City Clerk to advertise the project for public bids (Resolution No. 2021-001); and
July 13, 2021 Item #7 Page 7 of 23
WHEREAS, on Feb. 23, 2021, eleven sealed bids for the construction of the project were
received; and
WHEREAS, following the opening of the bids, a formal bid protest was received from Tr-Group
Construction; and
WHEREAS, the bid protest alleged that the three apparent lowest bidders did not possess the
required experience for installation of the pre-engineered restroom building; and
WHEREAS, after a detailed review of the bid protest and the advertised bid documents, staff
recommended the City Council reject all bids received, consistent with Carlsbad Municipal Code section
3.28.080(l)(3); and
WHEREAS; on April 13, 2021, the City Council rejected all bids (Resolution No. 2021-076) and
on April 14, 2021, the Poinsettia Phase IV Project was re-advertised for bids; and
WHEREAS; on May 18, 2021, twelve bids were received; and
WHEREAS, the apparent lowest responsive and responsible bid was submitted by Senitica
Construction, Inc. in an amount of $1,870,600; and
WHEREAS, following the opening of the bids, a formal bid protest was received from 3-D
Construction; and
WHEREAS; the bid protest alleged that the bid for the apparent low bidder, Senitica
Construction Inc. should be deemed non-responsive based on its listing of an asphalt subcontractor
that is not properly licensed to do that work; and
WHEREAS; after review of the bid protest by the City Attorney's office it was determined that
Section 4107(a)(6) of the California Public Contract Code allows the substitution of a subcontractor
when the listed subcontractor is not licensed pursuant to the Contractor's License Law; and
July 13, 2021 Item #7 Page 8 of 23
WHEREAS; on June 7, 2021, staff notified 3-D Construction the city has consented to Senitica's
request to substitute a properly licensed subcontractor for the asphalt work; and
WHEREAS; Senitica will be required to find a subcontractor to do the work for the exact amount
that was originally bid so that there would be no competitive advantage over any other bidder who bid
on the project; and
WHEREAS; for cost effectiveness, staff recommends that the city purchase and supply the
materials for the restroom building through the use of a cooperative purchase agreement; and
WHEREAS; Carlsbad Municipal Code Section 3.28.100 allows for the purchase of goods and/or
services through cooperative purchase agreements established by another agency when that agency
has made their purchase in a competitive manner, and the city's purchasing officer determines the
purchase is in the city's best interest; and
WHEREAS; the purchasing officer determined this purchase is in the city's best interest; and
WHEREAS; Carlsbad Municipal Code (CMC) Sections 3.28.080(C) and 3.28.080(1)(6) require the
City Council to award all formally bid contracts when the value exceeds $200,000; and
WHEREAS, CMC Section 3.28.040(C)(5) authorizes the city manager or designee to approve
change orders in the amount equal to the contingency set at the time of project award, which is
$187,060 for the project; and
WHEREAS, staff recommends an appropriation of additional funds from the Public Facilities Fee
Fund, in an amount of $25,000 for the procurement and installation of security cameras at the site,
which is anticipated to be addressed via a separate contractor; and
WHEREAS, on Oct. 7, 1992, the Planning Commission approved CUP No. 92-5 and adopted a
Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Poinsettia
Community Park; and
July 13, 2021 Item #7 Page 9 of 23
WHEREAS; on Aug. 21, 2019, the Planning Commission found that the Poinsettia Park Phase IV
Project is within the scope of the prior environmental document and no further environmental
documentation is required per California Environmental Quality Act Guidelines Section 15162; and
WHEREAS; all applicable mitigation measures contained in the prior environmental document
have either been satisfied previously, will be incorporated into the Phase IV Project's construction
documents, plans/specifications, are existing Parks & Recreation Department policy, and/or are
conditions of approval in Planning Commission Resolution No. 7343 for the Phase IV Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the bid in an amount of $1,870,600 submitted by Senitica Construction, Inc. for
construction of the project is accepted, and the Mayor is hereby authorized to execute
a contract with Senitica Construction, Inc.
3.That the award of this contract is contingent upon Senitica Construction, Inc. executing
the required contract and submitting the required bonds and insurance policies, as
described in the contract, within 20 calendar days of adoption of this Resolution. The
City Manager may grant reasonable extensions of time to execute the contract and
assemble the required bonds and insurance policies.
4.That the City Manager or designee is hereby authorized to approve construction change
orders up to $187,600.
5.That the Mayor is hereby authorized to execute a State of California Multiple Award
Schedule (CMAS) contract, for a pre-engineered restroom building kit from Romtec, Inc.,
in an amount not to exceed $175,957.
6.That the Deputy City Manager, Administrative Services, is authorized to appropriate
•$25,000, from the Public Facilities Fee Fund to CIP Project No. 4608, for the procurement
and installation of security cameras at the site.
/I
July 13, 2021 Item #7 Page 10 of 23
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of July, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel.
(SEAL)
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F.
July 13, 2021 Item #7 Page 11 of 23
Page 1 of 6
18240 North Bank Rd.Date
Roseburg, OR 97470 5/14/2021
P: 541-496-3541
F: 541-496-0803
E: service@romtec.com
Customer:
CA DIR No.: 1000002582
Quantity Extended Price
1 $ 173,247.12
8.31%(14,400.91)$
7.75%12,310.58$
4,800.00$
175,956.79$
*All prices listed above are F.O.B. Roseburg, OR. Freight prepaid and added. Delivery will be in accordance with a mutually agreed upon
timeline as stated in the Romtec Inc. Notice to Proceed on Production document.
*Design Services include an initial unsealed plan set on 11x17 format and one sealed revision in response to comments (excluding Romtec
Trads and Originals; Romtec Trads and Originals do not include sealed plans. Sealing for these plans is only available upon request and may
result in additional fees). In any additional revisions, if sealing or changing in plan set size are requested or required, an additional design
service will be charged.
*The pricing defined in this proposal is contingent upon the customer signing this form and agreeing to the Romtec terms and conditions
defined in this proposal. Any modifications to the terms and conditions defined herein may result in a price increase.
ROMTEC INC. PURCHASE ORDER TOTAL
*This proposal includes the design & engineering by Romtec Inc. to produce a complete plan set that will meet the architectural and
engineering code required in your state. In some cases local code may vary from typical state requirements and may result in a change in
price that could not have been anticipated at time of quote.
*Romtec charges 2.75% of total contract value for the bonding rate (if required). Unless specifically stated in the above quote, this
amount is not included in the total amount shown, and may be applicable at the time of invoice.
*This proposal includes estimated sales or use tax based on the information available at the time of quoting. All sales are assumed subject
to sales and use tax unless the customer provides Romtec with a resale certificate or proof of exemption. The applicable sales tax is
*This proposal is effective for 90 days from above date; thereafter all prices are subject to change without notice
*Non-Agency orders must be placed on Romtec Inc. purchase order forms.
*Shipping price is effective for 30 days from above date; thereafter the shipping price is subject to change without notice.
*A payment schedule and terms will be established after the Purchase Order is received. Romtec Inc. will often require a deposit payment
upon receipt of the signed Submittal Approval & Notice to Proceed on Production document. Any deposit amount will be defined with the
forthcoming payment schedule.
*Romtec Inc. reserves the right to update its purchase order price if, for any reason, the time frame from received of Purchase Order to
subsequent Scope of Supply and Design Submittal Aproval with Notice to Proceed on Production by Romtec Inc.'s Customer exceeds 90
Freight to:Carlsbad, CA
ESTIMATED TAX BASED ON RATE OF:
CMAS DISCOUNT: Available only to quialified California State and Local
Entities (Customer is responsible for all State of California incurred fees).
Poinsettia Park Restroom Project
City of Carlsbad
Barb Kennedy
799 Pine Avenue, Suite 200
Carlsbad, CA 92008
Building Proposal Description
2084/2641/3020 Sierra Restroom & Storage Bldg with Pergola - "Building
Supply ONLY" per Romtec SSDS dated 11/23/2020 and Romtec Comment
Log Responses through 5/14/2021
CMAS Contract #4-20-54-0018B
EXHIBIT 2
July 13, 2021 Item #7 Page 12 of 23
Page 2 of 6
Customer/Owner Authorized Signature Date Romtec Inc. Authorized Signature Date
Customer/Owner Printed Name Romtec Inc. Printed Name
Customer/Owner Company
*The above prices, Terms & Conditions are satisfactory and are hereby accepted. Romtec Inc. is authorized to begin work on the Scope
of Supply and Design Submittal document, which the customer will review prior to approval and Notice to Proceed on Production.
Additionally, the customer will complete the Customer & Project Information request as quickly as possible so that payment terms, and
if applicable bonding requirements, can be established. The customer understands that by acceptiing this proposal they are issueing a
Purchase Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be
established until the customer has granted submittal approval and notice to proceed on production.
July 13, 2021 Item #7 Page 13 of 23
Page 3 of 6
Deviation from payment
Time is of the essence with respect to Buyer’s payment of the purchase price, and timely payment shall not be delayed or
excused for any reason. Payment agreement between Buyer and other parties, or failure by other parties to pay Buyer or
perform any agreement with Buyer shall not result in delay of payment to ROMTEC. ROMTEC does not accept partial
payments, any offsets, and/or retainage against the Purchase Order price. Should Buyer not act according to the terms of
payment for any reason, the terms granted will be revoked and any remaining goods or services not yet delivered are
subject to pre-payment terms whereby payment, in full, is due 10 days prior to delivery. Any amounts not paid when due
shall bear interest at the rate of 15 percent per annum or the highest lawful rate applicable, if such rate is less than 15
percent, from the date payment was due. For accoutns that are 15 days or more past due, Romtec will withhold all warranty
service until the account is fully paid and in good standing. This does not affect the warranty period timeframe.
Tax
Proposal Terms & Conditions
Romtec, Inc. (ROMTEC) will provide the scope of supply as listed on the purchase order related hereto in
accordance with the following terms and conditions:
Terms of Payment
Romtec offers terms upon approved payment bond and credit approval by Romtec’s accounting department (to be
determined at the time the Purchase Order is finalized and executed). Payments may be by check or wire transfer, Visa,
MasterCard, Discover or American Express (a separate fee will be charged for payments exceeding $20,000 made by credit
card and for all COD deliveries). Romtec may agree to accept COD payment by bank certified funds or cashier’s check if a
carrier selected by Romtec ships materials.
Credit terms
Upon execution of the Purchase Order agreement, Customer shall provide a completed credit application (subject to
Romtec’s approval) and evidence of payment bond securing Customer’s obligation to pay the balance of the purchase price
in full. Credit terms are conditional and may be modified subsequent if in the opinion of Romtec management, new
information or conditions warrant such modification.
Payment terms
To be established by Romtec’s accounting department upon receipt of credit application.
Change Orders
All Change Orders must be signed by the Buyer. Prices stated herein are valid for 90 days from the purchase order date, or
two weeks from the purchase order date if unsigned, at which time ROMTEC may adjust its price if cost factors warrant. A
change order will apply (charges will vary depending on the circumstances) for the following design/engineering events: (i)
incurred costs related to ROMTEC making more than two revisions of plan documents in response to review comments, (ii)
incurred costs of “resealing” plan documents, and (iii) incurred costs of changing plan set sizing from the standard 11” x 17”
format. Additionally, any modifications (for any reason) to ROMTEC’s Scope of Supply & Design Submittal, prior to formal
approval, may result in a price adjustment. Any modification to ROMTEC’s Scope of Supply & Design Submittal, after formal
approval, requested or required by Buyer for any reason shall be performed by ROMTEC at Buyer’s expense, as follows: (i)
Buyer shall submit a written description of the modifications to ROMTEC; (ii) within 14 days of receipt of Buyer’s description,
ROMTEC shall provide to Buyer a written price quote for the modifications requested; (iii) Buyer shall pay the Change Order
Invoice to ROMTEC in accordance with payment terms.
Delay of Project
Should progress of the project be delayed to where ROMTEC cannot produce and deliver six months from the date the
purchase order is signed, Buyer will reimburse ROMTEC for all design and administrative expenses related to the completion
of the Scope of Supply & Design Submittal as compensation for design services rendered, as well as expenses related to the
authorized purchase or production of items requested. Additionally, Buyer agrees to accept cost increases that may occur
during the time the project is delayed.
Unless otherwise indicated on the ROMTEC quote or purchase order, any sales, use, consumption, value added or other
goods/services based tax imposed by a state; county/local or other agency with jurisdictional authority is excluded from this
order. Buyer is responsible for remitting any taxes that are applicable.
July 13, 2021 Item #7 Page 14 of 23
Page 4 of 6
Terms of Delivery
ROMTEC will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods,
or for any damages suffered by the Buyer by reason of such delay, when such delay is beyond ROMTEC’s control. All goods
are shipped F.O.B. Roseburg, Oregon, which means that the risk of loss or damage to the goods and risk of delays in transit
passes to the Buyer when the goods are duly delivered to the carrier at Roseburg, Oregon. ROMTEC has no control over
arrival time of a shipment, and shall not be responsible for delays in shipments once the goods leave ROMTEC's plant.
a. Procedures for Handling Products. ROMTEC's suggested procedures for handling products are as follows:
(1) All ROMTEC materials, whether palletized or separated from a pallet, must be handled per the instructions
detailed in the ROMTEC Scope of Supply & Design Submittal with respect to the specified model of ROMTEC
restroom facility or component.
(2) All material received from, but not manufactured by ROMTEC must be handled per the specific handling
instructions of the manufacturer of the material.
(3) PROPER HANDLING EQUIPMENT, ITS SUPPLY AND OPERATION ARE STRICTLY THE RESPONSIBILITY OF THE
BUYER.
1. Cancellation after Purchase Order: 30% of total contract value due
2. Cancellation after Purchase Order and Submittal Approval but prior to Notice to Proceed on Production:
75% of total contract value due
3. Cancellation after Purchase Order, Submittal Approval, AND Notice to Proceed on Production: 100% of total
contract value due
In addition, Buyer shall reimburse all expenses related to the authorized purchase or production of items requested prior to
approval of the Scope of Supply & Design Submittal. ROMTEC requires that Buyer indicate approval of its supply offering by
executing the signature page of its Scope of Supply & Design Submittal document and Notice to Proceed on Production.
Upon granting ROMTEC approval of its Scope of Supply Design Submittal and Notice to Proceed on Production of the
building kit package, the Buyer is waiving any rights to cancel its purchase order. ROMTEC does not accept returns or
exchanges.
Unless otherwise specified on the purchase order, ROMTEC may ship goods pursuant to an order at any time after the goods
are completed and ready for shipment. Further, unless payment has been made in advance, if a carrier holding a ROMTEC
shipment ordered by a Buyer is ready to deliver the goods to the Buyer, the Buyer agrees to accept the goods at the carrier's
earliest possible delivery date and time.
Store & Invoice
If Buyer delays shipment, regardless of the reason for delay, ROMTEC is permitted to invoice and the Buyer accepts the
obligation to pay ROMTEC under its agreed upon payment terms, using the date the order was ready for shipment as the
invoice date (if prepayment or COD terms apply, payment is due within 7 days from the time of delay). Once the order is
invoiced, the materials shall become property of the agency/contractor. Further, ROMTEC may at its sole discretion invoice
the Buyer for a minimum of $450 per month for on-site storage. Deliveries that are delayed by the Buyer may be canceled
by ROMTEC and the goods returned to ROMTEC at its discretion. Any costs or difficulties arising from the Buyer’s act in
delaying receipt of ROMTEC’s shipments are the complete responsibility of the Buyer. The Buyer agrees to pay for the
complete shipping cost if ROMTEC elects to cause the goods to be returned to ROMTEC or delivered to another Buyer.
Cancellation Mutual acceptance of the purchase order indicates notice for ROMTEC to proceed with the provision of design services
required in completing its Scope of Supply & Design Submittal. Should Buyer cancel its purchase order prior, the following
fee schedule will take effect:
Description of Products and Warranty
ROMTEC’s Scope of Supply & Design Submittal document (provided subsequent to this order) contains & defines ROMTEC’s
complete offering of its products and services (as applicable). In addition, Section 4 of the Scope of Supply & Design
Submittal defines ROMTEC’s Limited One Year Warranty.
Time of Shipment and Delivery
Contract DocumentsTogether with this Purchase Order, the following constitute the “Contract Documents” and the entire contract between the
parties, either written or oral: (i) ROMTEC’s Scope of Supply & Design Submittal, and (ii) Change Order form (if applicable).
July 13, 2021 Item #7 Page 15 of 23
Page 5 of 6
All notices required by this Purchase Order agreement shall be in writing addressed to the party to whom the notice is
directed at the address of that party set forth in this Purchase Order agreement and shall be deemed to have been given for
all purposes upon receipt when personally delivered; one day after being sent, when sent by recognized overnight courier
service; two days after deposit in United States mail, postage prepaid, registered or certified mail; or on the date
transmitted by facsimile. Any party may designate a different mailing address or a different person for all future notices by
notice given in accordance with this paragraph.
Modification
Interpretation
The paragraph headings are for the convenience of the reader only and are not intended to act as a limitation on the scope
or meaning of the paragraphs themselves. This agreement shall not be construed against the drafting party.
Severability
The invalidity of any term or provision of this agreement shall not affect the validity of any other provision.
Attorney Fees
If Buyer fails to pay any amount when due, and ROMTEC incurs any expenses in pursuit of collection, Buyer agrees to pay
the reasonable attorney fees (whether or not litigation is commenced) and other costs of such collection.
No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties.
This agreement shall be interpreted and enforced according to the laws of the state of Oregon. The parties irrevocably
submit and consent to the jurisdiction of the circuit courts of the State of Oregon for Douglas County, with respect to
litigation regarding any dispute, claim or other matter related to this contract.
In any dispute involving the interpretation or enforcement of this agreement or involving issues related to bankruptcy
(whether or not such issues relate to the terms of this agreement), the prevailing party shall be entitled to recover from the
non-prevailing party reasonable attorney fees, paralegal fees, costs, disbursements, and other expenses incurred by the
prevailing party in the dispute, including those arising before and at any trial, arbitration, bankruptcy, or other proceeding,
and in any appeal or review thereof. In addition, the amount recoverable by the prevailing party shall include an amount
estimated as the fees, costs, disbursements, and other expenses that will be reasonably incurred in collecting a monetary
judgment or award, or otherwise enforcing any order, judgment, award, or decree entered in the proceeding.
This Purchase Order agreement may be executed in multiple counterparts, each of which shall constitute one agreement,
even though all parties do not sign the same counterpart.
Waiver
Waiver of any party of strict performance of any provision of this Purchase Order agreement shall not be a waiver of or
prejudice any party’s right to require strict performance of the same provision in the future or of any other provision.
Counterparts
Controlling Provisions
The terms and conditions of this Purchase Order shall supersede and control any provisions, terms, and conditions contained
on any confirmation order, Purchase Order, or other writing the Buyer may give or receive, and the rights of the parties shall
be governed exclusively by the provisions, terms, and conditions hereof.
Binding effect
This Purchase Order agreement shall be effective and in force only when signed by Buyer and also signed by ROMTEC.
ROMTEC must consent to any assignment of this Purchase Order agreement in writing. Subject to any restrictions upon
assignment, this Purchase Order agreement shall be binding on and inure to the benefit of the heirs, legal representatives,
successors, and assigns of the parties.
Notice
July 13, 2021 Item #7 Page 16 of 23
Page 6 of 6
Force Majeure
Neither party will be liable for any delay or failure in the performance of any obligation under this Agreement or for any loss
or damage (including indirect or consequential damage) to the extent that such nonperformance, delay, loss, or damage
results from any contingency that is beyond the control of such party, provided such contingency is not caused by the fault
or negligence of such party. A contingency for the purposes of this Agreement includes Acts of God, fires, floods,
earthquakes, explosions, storms, wars, hostilities, blockades, public disorders, pandemic or other public health emergency,
quarantine restrictions, embargoes, strikes, other labor disturbances or down time, unavailability of electronic
communication lines or equipment, and compliance with any law, order or control of, or insistence by any governmental or
military authority.
July 13, 2021 Item #7 Page 17 of 23
18240 NORTH BANK ROAD
ROSEBURG, OR 97470
Phone: 541/496-3541
Fax: 541/496-0803
PRELIMINARY INFORMATION
Customer/Contractor Information
Company Name: ___________________________________________________________________________ Year Established: _______________
Billing Address: ____________________________________________ Street Address: ________________________________________________
City: ________________________________________State: _______________ Zip: _______________ Telephone: __________________________
Accounts Payable: __________________________ Telephone: __________________________ Email: ______________________
Project Information
Job: ________________________________________________ Government Agency: _________________________________________________
Agency Contract Officer: __________________________ Telephone: __________________________
Job Contact: __________________________ Telephone: __________________________
Job Site Address: _________________________________________________________________________________________________________
City: _______________________________________ State: _______________ Zip: _____________ Telephone: ____________________________
Project Prime Contractor
Company Name: ___________________________________________________________________________ Year Established: _______________
Billing Address: ____________________________________________ Street Address: ________________________________________________
City: ________________________________________State: _______________ Zip: _______________ Telephone: __________________________
Project Owner
Company Name: ___________________________________________________________________________ Year Established: _______________
Billing Address: ____________________________________________ Street Address: ________________________________________________
City: ________________________________________State: _______________ Zip: _______________ Telephone: __________________________
Project Bond Information
Insurance Agency: ___________________________ Address: ________________________City: ______________ State:______ Zip: __________
Agents Name: ________________________________Telephone: ___________________________ Fax: _________________________________
Bonding Company: __________________________ Address:________________________ City: ______________ State:_______ Zip:__________
Bond No: ________________________ Underwriter: ________________________ Telephone:____________________ Fax:__________________
July 13, 2021 Item #7 Page 18 of 23
Proposed Payment Schedule:
20% of total contract value due at, or prior to, the customer providing Notice to Proceed on
Production (see note below defining Notice to Proceed on Production) or six (6) months from
receipt of signed contract whichever comes first.
Note: Notice to Proceed on Production is defined as the customer providing Romtec with signed submittal approval and written notice to proceed on production of the order.
80% of total contract value Due Net 30 from delivery/deliverability of the building package or six (6) months from receipt of notice to proceed whichever comes first.
Note: Deliverability is the date that Romtec completes the production of specific aspects of
the building package and is ready to deliver the goods to customer per agreement.
Romtec does not accept partial payments or any offsets and/or retainage relative to the above payment milestones. Payment is not conditional upon Buyer receiving payment from Owner, and payment will not be withheld from Romtec for any reason beyond Romtec
control. Deviation from agreed upon terms will void credit/payment terms granted, and any
remaining goods or services not yet delivered will be subject to different payment terms.
Please provide Romtec with a copy of the project’s payment and performance bond if
applicable. If you have any questions or concerns regarding the payment terms and billing
schedule, please let me know. Otherwise, please sign and return acknowledging that you understand these payment terms.
We appreciate your patronage & look forward to working with you on this project.
___________________________ _______________
Signature Date
Respectfully,
Ben Cooper President Romtec Companies
PH 541-496-3541
FAX 541-496-0801
Email: bcooper@romtec.com
July 13, 2021 Item #7 Page 19 of 23
June 7, 2021
Via Email office@3d-nt.com and First Class Certified Mail
Shawn Elihu 3-D Enterprises, Inc.3665 Ruffin Road, Suite 103
San Diego, CA 92123
RESPONSE TO PROTEST LETTER DATED MAY 20, 2021
RE: Poinsettia Community Park Phase IV - Dog Park, Restroom & Parking Lot (Re-Bid);
PWS21-1452PKS
We received your letter protesting the intent to possibly award the contract referenced above to Senitica Construction, Inc. dba Senitica Engineering (Senitica) which holds general engineering (“A”) and landscaping (“C27”) licenses from the Contractor’s State License Board (CSLB).
In your letter you state that Senitica’s bid should be deemed non-responsive based on their listing an asphalt subcontractor that is not properly licensed to do that work. The subcontractor in question is Precision Pipeline Incorporated (Precision) which holds a pipeline (“C34”) license from CSLB. While you are correct that Precision does not hold the requisite license to perform the asphalt work for this project, you are incorrect that this makes their bid non-responsive.
Section 4107(a)(6) of the California Public Contract Codes allows the awarding authority, or its
duly authorized officer, to consent to the substitution of a subcontractor “when the listed subcontractor is not licensed pursuant to the Contractors License Law.” The City of Carlsbad has consented to Senitica’s request to substitute a properly licensed subcontractor in place of
Precision as the subcontractor for the asphalt work.
Moreover, you state that this gives Senitica “an unfair competitive advantage in the bidding process.” However, this is not the case. Senitica will not be allowed to deviate from the $48,500
that was listed for this portion of the work. They will be required to find a subcontractor to do the work for that exact amount. Hence, they enjoy no competitive advantage over any other bidder who bid on the project.
Based on the above information Senitica is deemed to be a responsive bidder. Thank you for your interest in providing services to the City of Carlsbad.
Graham Jordan Contract Administrator
cc: Barbara Kennedy, Park Planner Kasia Trojanowska, Park Planning Manager Time Selke, Park Services Manager
Exhibit 3
July 13, 2021 Item #7 Page 20 of 23
May 20, 2021
Graham Jordan Contract Specialist 1635 Faraday Ave.
Carlsbad, CA graham.jordan@carlsbadca.gov 3-D Enterprises, Inc.3665 Ruffin Road, Ste. 103 San Diego, CA 92123 Lie. #621125
Reference: CONTRACT NO. 4608 BID NO. PWS21-1306PKS -Bid Protest
Dear Mr. Jordan:
Please accept this letter as 3-D Enterprises, Inc.'s bid protest on the Poinsettia Community
Park Phase IV Dog Park, Restroom & Parking Lot ("Project"). The lowest bidder, Senitica
Construction Inc. ("SCI"), listed an asphalt subcontractor who is not licensed to perform the
work. By doing so, SCI received an improper competitive advantage in its bid over 3-D
Enterprises. This is a non-waivable, material error that should cause the City to reject the
bid submitted by SCI as non-responsive.
Generally, a bid is non-responsive when it fails to do what the bid documents require. If this
failure results in an unfair competitive advantage in the bidding process, then the bid should
be rejected. In this case, SCI utilized a $48,500 quote from its subcontractor Precision
Pipeline Incorporated (PPI) for the asphalt paving on this Project. PPI holds a License Type
C-34, which only allows them to do asphalt paving that is "necessary to complete the
installation of[] pipelines." (See California Code of Regulations, Title 16, Division 8,
Article 3. Classifications) (emphasis added). Since the asphalt work on this project does not
involve the installation of pipelines, PPI does not hold the requisite license to perform the
asphalt work for this Project.
3-D Enterprises, Inc., on the other hand, listed Sealright Paving, Inc. as its asphalt
subcontractor at a bid of $59.155.00. The difference between the Sealright bid and the PPI
bid ($10,655) was more than the difference between SCI's bid and 3-D Enterprises' bid
($5,400). Clearly, SCI's use of a bid from a subcontractor who does not hold the proper
license to perform the asphalt work gave SCI an unfair competitive advantage in the bidding
process. There is a multitude of California case law on this very subject matter showing whyGeneral Building and Engineering Contractors -vv,vw.3denterprisesinc.com Ph. 858-530-2202 Fx. 844-318-2832 Email: office@l3d-nt.com July 13, 2021 Item #7 Page 21 of 23
this type of bidding error is material to the bid itself and cannot be waived. If you have
interest or need to see the case law, I will have my attorney forward it to your office.
Please feel free to contact me if you have any further questions. I look forward to hearing back from you soon.
SincerelY,
//
Sha
P, 3-D Enterprises, Inc.
July 13, 2021 Item #7 Page 22 of 23
Memorandum
Feb. 19, 2021
To: Roxanne Muhlmeister, Purchasing Officer
From: Barbara Kennedy, Parks Planner
Via: Kyle Lancaster, Parks & Recreation Director
Re: Use of a Cooperative Purchase Agreement with Romtec, Inc.
The Parks & Recreation Department would like to use a Cooperative Purchase Agreement with
Romtec, Inc. for the purchase of a pre-fabricated restroom kit, competitively selected and
priced through the State of California Multiple Award Schedule (Contract #4-20-54-0011B).
Romtec, Inc., has been identified as a vendor that has succeeded in such competitive selections,
and can provide the type of materials needed to construct the restroom. Plans and
specifications for the restroom structure, provided by Romtec, have been approved by the
Building Division. The city’s purchase would be for materials only. The contractor who is
awarded the construction contract for the Poinsettia Community Park Phase IV Improvement
Project (CIP No. 4608) would be responsible for constructing the restroom. The CMAS discount
for the purchase of materials would result in a savings to the city of 8.31% ($14,510.93).
The cooperative contract was reviewed by the city attorney’s office in November 2020 and by
purchasing staff who found that the cooperative contract meets the city’s cooperative
purchasing guidelines and complies with CMC 3.28.100.
Approval for Exemption
Roxanne Muhlmeister, Purchasing Officer
Attachment: Romtec, Inc. Quote dated 1/7/2021
CC: Tim Selke, Parks Services Manager
Kasia Trojanowska, Parks Planning Manager
Allegra Frost, Deputy City Attorney
Bonnie Elliott, Senior Management Analyst
Eleida Felix Yackel, Senior Contract Administrator
Shea Sainz, Senior Contract Administrator
DocuSign Envelope ID: AFDBFDE7-483B-478F-BE9D-A262AD161B19
July 13, 2021 Item #7 Page 23 of 23