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HomeMy WebLinkAbout28-Parks & Recreation , , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Parks, Recreation & Community Services D~eQt,.. .", . Date: May 13, 20rifl hl\.. I · ~ 4J Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING HEISLER LANDSCAPE AND GENERAL ENGINEERING & DAVE BANG ASSOCIATES, INC. A PURCHASE ORDER FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT AND SURFACING AT (11) PARK LOCATIONS IN ACCORDANCE WITH BID SPECIFICATIONS F-02-035, ANNE SHlRRELLS PARK, NICHOLSON PARK, HUDSON PARK, MEADOWBROOK (KERWIN) FIELDS, SPEICHER PARK, NUNEZ PARK, MILL CENTER PARK, LYTLE CREEK PARK, ENCANTO PARK, NEWBERRY PARK, AND TOM GOULD PARK. MICC Meeting Date: May 20, 2002 From: Lemuel P. Randolph, Director Synopsis of Previous Council Action: 5/6/02 - Item tabled at the meeting of the Mayor and Common Council. Recommended Motion: Adopt Resolution ~~~~ Signature Contact person: Dan Ustation Phone: 384-5130 Supporting data attached: staff report & Resolution Ward: 1,3,4,5,6, & 7 FUNDING REQUIREMENTS: Amount: $725,000 Source: (Acct. No.) 243-363-5504-7264 (Acct. Description) Park Construction Fund - Propl2 Finance: Council Notes: Agenda Item No. ~ SjJ.D/Dr " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino awarding Heisler Landscape and General Engineering, & Dave Bang Associates, Inc. a purchase order for the installation of playground equipment and surfacing at (I I) park locations in accordance with bid specifications F-02-035, Anne Shirrells Park, Nicholson Park, Hudson Park, Meadowbrook (Kerwin) Fields, Speicher Park, Nunez Park, Mill Center Park, Lytle Creek Park, Encanto Park, Newberry Park, and Tom Gould Park. Background: The staff report for the May 6, 2002 Mayor and Common Council meeting on this item used the cost per activity as a substantial justification for the recommendation of proposal award to Heisler Landscape and Dave Bang and Associates. Since that time staff has determined that the method of calculating the number of activities significantly differs from vendor to vendor. One vendor may calculate a piece of equipment as having (I) activity while another vendor could calculate a similar piece of equipment as having (3) activities based on the potential number of simultaneous users. Due to this fact, and based on the language in the request for proposals (RFP) regarding the criteria for ranking of proposals, this current report reflects a recommendation based on the listed criteria in the (RFP): (1) variety and type of playground equipment, (2) experience of vendor and/or subcontractor, (3) experience and knowledge in the design of similar playground structures, (4) warranty offered and (5) price proposal. The Parks, Recreation and Community Services Department prepared the appropriate specifications and the purchasing division of the Finance Department published and furnished request for proposal (RFP) documents to five (5) vendors and the San Bernardino Chamber of Commerce. RFP documents were advertised in the Sun Newspaper and City web page. Proposals were publicly opened and declared on December 19, 2001. Due to the proprietary nature of playground equipment, a formal bid process was not possible. All vendors were told in the proposal process the budget available and were provided wide latitude and encouragement to design unique play activities for each park within that budget. The following is a summary of the eight (8) bids received from five (5) vendors. COIDoanv 1. WF Construction (Burke) WF Construction (Little Tikes) 2. Park Specialties (Landscape Structures) 3. Micon (Miracle #1) Micon (Miracle #2) Micon (Miracle #3) 4. Casron (Burke) 5. Heisler Landscape (Playworld) City San Dimas San Dimas Temecula Placentia Placentia Placentia Santa Monica Orange Bid $589,000.00 $579,710.00 $755,345.00 $619,505.02 $553,649.47 $525,545.10 $689,900.00 $725,000.00 There are no local vendors who can supply this equipment. The funding for the playground equipment and surfacing is from Proposition 12 State Park Bond Funds. The amount budgeted for the project is $739,200. These Proposals were subjected to an initial evaluation process that included a review of all mandatory requirements in the proposal submissions, and verification of valid California Contractor Licenses. Vendors were notified of any missing information and requested to supply the information. Missing information was received and reviewed. Evaluators were requested to review all eight proposals independently and rank the proposals from first (l5t) to eight (8th) place based on the following criteria as referenced in the proposal. The City Proposal Analysis Group will independently read, review and evaluate each proposal and selection will be made on the basis of the criteria listed below. The firms submitting proposals shall include with that proposal statements on the following: A. Variety and type of playground equipment. B. Experience of vendor and/or sub-contractor (if used). C. Experience and knowledge in the design of similar playground structures. D. Warranty offered E. Cost of services; (i.e., price proposal) The Proposal Analysis Group will rate each proposal and develop a composite rating which indicates the group's collective ranking of the highest rated proposals in a descending order. At this point, the Proposal Analysis Group may conduct interviews with onlv the top ranked firms, usually the top three depending upon the number of proposals received The Proposal Analysis Group will conduct all subsequent negotiations and will make a recommendation for the contract award The Proposal Analysis Group consisted of, the Purchasing Manager, the interim Parks Superintendent, Parks Maintenance Supervisor, Engineering Associate and 3 representatives of the Parks' Commission. The proposals that did not receive further consideration were 2 separate proposals which were lacking sufficient playground references, one proposal which had substantially fewer activities, and the other proposal which was over the budget by $20,000. The Proposal Analysis Group recommended that the top four proposals including (two separate options from the same vendor) which resulted in requests for presentations from three separate companies. The vendors asked to provide a presentation of their proposal were Heisler Landscape, Micon Construction, and Casron Services. Each proposer was given one hour to present their proposals and answer any questions the group had regarding their proposals. Based on Evaluation Section IV of the request for proposal "the primary consideration will be the effectiveness of the agency or organization in the delivery of the product and services based on demonstrated performance. Cost effectiveness is only one component, and not necessarily the primary one". Each of these proposals represents a single source procurement (although , . similar suitable products are available from multiple vendors, the proposals are unique and cannot be awarded only on the basis of price.) Also noted in Instruction to Bidders Section I #6 & # 12 of the proposal states "The City reserves the option to make award(s) as it deems to be in the best interest of the City". As stated in the proposal we will award based on the criteria stated and recommend for award the lowest and best bidder (as referenced in section 3.04.085 service). Based on the presentations and committee discussion afterwards, the Proposal Analysis Group unanimously recommended that the award for this proposal to Heisler Landscape/Dave Bang Associates/Playworld Systems be forwarded to Council for their final approval and award. Heisler Landscape, Dave Bang & Associates, and Playworld Systems have included in their proposal a one year maintenance and inspection service from an outside third-party company. There are state mandates regarding maintenance and inspection services for all playground areas. The requirement is that a certified Playground Inspector must perform them at established intervals. We have in-house staff that are certified and perform these inspection services for our playground sites. The advantage of a third-party analysis however, is that it frees up the maintenance staff, and is always performed by professional, insured, licensed, certified and neutral professionals. Another Proposer offered a 3-year quarterly inspection period, but it was to be performed by the Manufacturer, rather than a neutral third party inspector. Heisler Landscape, Dave Bang & Associates, and Playworld Systems have a unique warranty service policy. They are the only Proposer who keeps "loaner" parts available to send out on a warranty or service problem, until the new part is installed. No other Proposer presented any solution similar to this. In our past experience with other equipment, we have had to wait and staff has had to block off, or remove unusable/unsafe equipment until replacements can be ordered and installed. The Heisler Landscape warranty service policy will ensure that our playgrounds are always safe and fully usable. This is important because a reorder of modular components (as there are 30 different colors) may take between 4-6 weeks before it can be installed. Heisler Landscape was the only proposal that will not require any reconfiguration and/or negotiations. Because of this factor, the Heisler proposal would require less time to have equipment in place. As we are approaching the summer playground season, which is the busiest time of year for the Parks, lead and installation times are critical. Delays in the completion of the projects and the condition of the current equipment could result in playgrounds that will be unusable for the majority of the summer season. Currently there are at least two of these sites that have had most or all of the old equipment removed because the age and condition of the equipment represented a serious public safety risk. The committee felt that the solution for Tom Gould Park, from MiconlMiracle did not include enough activities, and if this vendor were selected the Tom Gould Park Playground would have to be redesigned at an additional cost. The vendor was informed of that determination during their presentation. Casron's design for Ann Shirrells Park was not in compliance with the request that the tot area and general playground areas be separated. Although an alternate design was submitted after the presentations, no negotiation was begun to determine any changes to the cost of the proposal. The Heisler Landscape proposal included important site amenities such as benches and signage that the other proposals did not include. Vendors were allowed to design and include any products and items that would provide a quality playground. Safety and security of the children playing is very important. Providing benches so that adults and caregivers can sit close by and observe their children is an important safety factor. This feature will encourage more people to use the playground facilities. The other proposals did not include benches or custom identification signage. These "Welcome" signs represent a symbol of pride for each neighborhood and the City as a whole. If we were to negotiate with the other vendors the cost would increase for the bids. Heisler Landscape, Dave Bang & Associates, and Playworld Systems, as part of their service program, will provide training to in-house staff. A maintenance and safety seminar, including comprehensive forms and records keeping materials, will be conducted with City Park Maintenance Employees that are responsible for the playground safety. The Heisler proposal included numerous activities for a wide range of ages and skill levels. The committee felt that overall the designs prepared by Heisler were the most desirable. The proposal included activities both in modular systems and individual components throughout the play area. Their designs in the smaller parks provided effective use of the playground space without sacrificing activities, or narrowing the appropriate age group for the activity. The designs included fewer pieces of equipment that contained moving parts, which may tend to suffer adversely from the elements and require replacement or repair sooner than non-moving apparatus. Financial Impact: The Proposition 12 spending plan approved by Mayor and Common Council in 2001 included a budget of $739,200. Based on this contract award the actual cost is $725,000 with a contingency of$14,200. Recommendation: Adopt Resolution. " ..... . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING HEISLER LANDSCAPE AND GENERAL ENGINEERING & DAVE BANG ASSOCIATES, INC. A PURCHASE ORDER FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT AND SURFACING AT (11) PARK LOCATIONS IN ACCORDANCE WITH BID SPECIFICATIONS F-02-035, ANNE SHIRRELLS PARK, NICHOLSON PARK. HUDSON PARK. MEADOWBROOK (KERWIN) FIELDS, SPEICHER PARK. NUNEZ PARK. MILL CENTER PARK. LYTLE CREEK PARK. ENCANTO PARK. NEWBERRY PARK. AND TOM GOULD PARK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Heisler Landscape and General Engineering & Dave Bang Associates, Inc. is the best responsible bidder for the furnishing and delivery of playground and surfacing for the eleven (11) park sites in accordance with Bid Specifications F-02-035, for a total amount of $725,000, and as such, the City is authorized to enter into the standard purchase agreement with Heisler Landscape and General Engineering & Dave Bang Associates, Inc.; pursuant to this determination, the issuance of a purchase order by the Purchasing Manger to Heisler Landscape and General Engineering & Dave Bang Associates, Inc. in the amount of $725,000 is hereby authorized; and all other quotations therefore are hereby rejected. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III r .~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING HEISLER LANDSCAPE AND GENERAL ENGINEERING & DAVE BANG ASSOCIATES, INC. A PURCHASE ORDER FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT AND SURFACING AT (11) PARK LOCATIONS IN ACCORDANCE WITH BID SPECIFICATIONS F-02-03S, ANNE SHIRRELLS PARK, NICHOLSON PARK, HUDSON PARK, MEADOWBROOK (KERWIN) FIELDS, SPEICHER PARK, NUNEZ PARK, MILL CENTER PARK, LYTLE CREEK PARK, ENCANTO PARK, NEWBERRY PARK, AND TOM GOULD PARK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held day of , 2002, by the following vote, to wit: on the Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2002. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attor[1ey o/) By: AI"" JI """~'~:'." " . . WEULE, BROYLES, BALLARD &MONUQ.J..Lr. . A Limited Liability Partnership Including Professional corponKt.~tIVED-CITY CLERK M. Colleen Weule, APC t* Samuel G. Broyles, Jr.. APC * Edward R. Ballard, APC Glenn Mondo, APC * Tower 17 18881 Van Karman Avenue, Suite 1225 Irvine, California 92612 '02 HAY 20 A11.aBated with Weule, Broyles & Mondo, LLP Las Vegas, NY (702) 837-7528 Reno, NY (775) 337-8805 Telephooe (949) 476-2088 Facsimile (949) 476-3095 www.wbbmconstructionlaw.com Phoenix, Arizona (602) 253-0612 Joho C. Teal, Jr. Of Counsel Admitted to Practice in Arizona t Admitted to Practice in Nevada * May 20, 2002 Via Hand Delivery Rachel Clark, CMC City Clerk 300 N. "D" Street, 2nd Floor San Bernardino, CA 92418 Re: RFP F-02-035 "Upgrade of Playground Equipment at 11 Park Suites" Appeal of Award Dear Ms. Clark: The enclosed copies of my letter dated May 17, 2002 to Marsha Zeller and enclosures are being sent to you in connection with the council meeting. 1 also request that each council member be given a set before the meeting. Thank you for your cooperation in this matter. Very truly yours, M. Colleen Weule MCW:jk Enclosures J:\WPDATAIMCWlMicon Construction\General\city clerk transntiltal ., WEULE, BROYLES, BALLARD & MONDO, LLP A Limited Liability Partnership Including Professional C011>Orations M. Colleen Weule, APC t. Samuel G. Broyles, Jr., APC. Edward R. Ballard, APC Glenn Mondo, APC . Tower 17 18881 VonKannanAvenue, Suite 1225 Irvine, California 92612 John C. Teal, Jr. Of Counsel Telephone (949) 476-2088 Facsimile (949) 476-3095 www.wbbmconstructionlaw.com Affiliated with Weule, Broyles & Mondo, LLP Las Vegas, NY (702) 837-7528 Reno, NY (775) 337-8805 Phoenix., .Arizona (602) 253-0612 Admitted to Practice in Arizona t Admitted to Practice in Nevada. May 17, 2002 Via Facsimile: 909.384.5043 Marsha Zeller, Purchasing Manager City of San Bernardino Finance Department 300 North "D" Street San Bernardino, CA 92418-0001 RE: RFP F-02-035 "Upgrade of Playground Equipment at II Park Sites" Appeal of Recommended Award Dear Ms. Zeller: , As you know, this firm represents Micon Construction, Inc. ("Micon"), which submitted three proposals in response to the above-reference RFP. We initially protested the staff's tentative recommendation by letter dated May 3, 2002. We did not pursue that appeal further because Micon was informed by your office that it believed that a mistake had occurred, and as a result the matter was pulled from the Council's agenda. It has now come to our attention that the City staff now intends to recommend the award of the contract in this matter to Heisler Landcape ("Heisler") rather than to Micon. On behalf of Micon, we hereby appeal the recommended award on the following grounds: (1) the contract should not have been awarded based on a competitive negotiation process (Section 3.04.070 of the City Municipal Code) because it qualifies as a public works project (subject to Section 12.20.010 of the City Municipal Code), as a result of which it should either be awarded to the low bidder or all bids must be rejected, WEULE, BROYLES, BALLARD & MONDO, LLP Marsha Zeller May 17, 2002 Page 2 (2) even if this is ultimately determined to be subject to Section 3.04.070, the City should have used the low bid process rather than a competitive negotiation process because none of the exceptions mandated by Section 3.04.070(1) applies to this contract, in that: (1) the equipment is such that suitable technical and performance specifications are not only available, but have been used by other municipalities; (2) the City can in fact develop descriptive specifications, and to a great extent actually did so in this RFP package; and (3) the quality of the equipment can be accurately determined by reference to their specifications alone; and (3) finally, even if it is determined that the RFP procedure was otherwise appropriate, the City failed to follow its own requirements in recommending an award to Heisler, including without limitation because: (1) it failed to properly consider the ratings of the evaluators, which in fact ranked one ofMicon's proposals (No.1) as the best; (2) it failed to utilize the stated criteria for award in determining the successful proposal; (3) it based the proposed award on criteria not included as part of the RFP package, eg., by considering site amenities such as benches and training programs, not included as part of the stated criteria for award; (4) it failed to consider price, when comparing the proposals, in particular the fact that Micon's bid is between $105,000 to $200,000 lower than the Heisler proposal, depending on which proposal you look at; Micon's proposal was the highest ranked of all 8 proposals; and Micon's proposal shows the lowest cost per activity, even using the City staff's questionable methodology for comparing the proposals; (5) it failed to disqualify the Heisler proposal for failing to participate in the mandatory job walk; and (6) it failed to recommend award to the "lowest and least" bidder as required by the code. In connection with the above, and by way of further explanation, I am enclosing a copy of a memorandum from Kevin Spence, a representative of Miracle Playground, which addresses the City's intemal report on which the recommendation is based. . WEULE, BROYLES, BALLARD & MONDO, LLP Marsha Zeller May 17, 2002 Page 3 We sincerely hope that your office will reconsider its recommendation in this matter and either recommend that Micon be awarded the contract or, alternatively, recommend that the proposals be rejected and the contract re-bid. Please don't hesitate to contact me if you have any questions regarding the above. Sincerely, ;;;:BR~iiT~ M. Colleen Weule cc: Micon Construction City Attorney's office (attention: Houston Carlisle) mcw\micon\general\city 02 May-OH2 05: 19pm From-City of San B.rnardino Finane.\Pureha'ii +9093845043 'l"':~"", ''''''1' :,ij,:li,1 "~)l<<;~ 1~J.!;1 ~~~~7 m-N ~>}!j..l': ',I._~"V ~~.q: :;~'1!~li~ i;i~l~ "":l,;l "~~l.l, tp.i!~i l,,,,,ft iZR :;,~ ::~;. .~,t:q:"'I :~E"l ~(J)l~ ~m$: i~~.~ )~~\: f-S:.( '~iSi); ,,'o;:j ::lCP~ '1.{li!. ,&"" >If'!'...: \"'" ,liliI ~n/;;'; nN~ ~ ~ .-' ......,J :f~~,: \"j:l)~ ~)!tl 1!.I\lI'1 ~"'Q I ~'TI:r :j,....r.: "~ " 'i""!! .,Q:! ""', ~l:::J) ....;'1 'In~ ~13i, ~,~(. i""rl.' ~'I' :f.i.: I,St r~., i~t ~('):'" .~~~ l).~~"; 'LSI" 'B~ :'''''~ :!~ :;]':j'''::': ''"". ~!jl':'; ':~ "., " ,i~,' :~~ :J~ r:I,~'1 "'d:! i!l~ "~l1rf' :~~~~,! .~,......" ~r~j ~-F."l '~" : I ''co .,...., :Ii',,"), ~:itli ~;:%! ~~."" ;'1' 'u f.t~'lr :t(dll 'l!~; ~ \t,Iif:: -hi... ID~; :t;Ij!; :~:\ "':~ ". ." ;",ii; r:(~! h' >:' ~ ,I 'b" jW; 11~i ,t,,~ t.,fi~ m ;;: 'It""'It""r- .Q. 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Se'nt By:' Miracle Playground Sales Southw; 909 676 8706; May.17.02 12:03PM; Page 1/11 ... 5 GI . o c: Z l:J ~ m '" FAX From: Total Pages: Subject: May 17, 2002 Mayor - City of San Bernardino Common Council Members - City of San Bernardino City Manager - City of San Bernardino Kevin Spence - Miracle Playground Sales 11 RFP F02-035 Upgrade of Playground Equipment at 11 Park Sites Date: To: On Monday, May 20,2002 the Mayor and Common Council are going to be asked to approve spending $725,000 with Heisler/Dave Bang to upgrade 11 City of San Bernardino park sites by Lemuel Randolph, Director of Parks and Recreation Department This dollar figure represents at least $105,549.98 or 17% more than the next desirable bid and over $200,000 more than the lowest responsive and responsible bidder. The proposal submitted for approval will try to show you that choosing the most expensive bid in this process is in the best interest of the City. This is being done by only showing the information that supports the above conclusion and intentionally leaves out the information that clearly shows that this is not in the best interest of the City or the taxpayers. Attached is a memorandum from Marsha Zeller, Purchasing Manager to Lemuel Randolph, recommending specifically how to approach the council with this award. I think you will find that most of the text in the "Request for Council Action" that you have received is taken directly from this document with some intentional omissions. Some of the glaring statements and omissions include (taken verbatim from the document): . "As stated in the proposal, we will award based on criteria stated and recommend award to the lowest and best bidder (as referenced in section 3.04.070 goods/equipment and 3.04.085 service.) We need to clearly define to Council why our recommendation represents the /;!!!j; bidder, because the protestors will concentrate that they are the lowest and best bid." Arizona Miracle Playground Sales SW 1146 N. Mesa Drive Suite 102, #136 Mesa AZ. 85201 (800) 905-1411 Toll Free Phone (877) 905-1411 Toll Free Fax Sales@Miracleplayground.com Nevada Miracle Playground Sales SW 2657 Windmill Parkway #195 Henderson. NV 89074 (800) 905.1411 Toll Free Phone (877) 905.1411 Toll Free Fax Saies@Miracleplayground.com California Miracle Playground Sales 27464 Commerce Center Drive Suite I Temecula, CA 92590 (800) 264-7225 Toll Free Phone (909) 676-8706 Fax Sales@Miracleplayground.com - Sent By: 'Miracle Playground Sales Soutnw; 909 676 8706; May-17-02 12:04PM; Page 2/11 MIRACLE 'D S 5 c: z ~ ~ ... l: i:::'!::!:1,:r:1:':;: ::.'(, '.I::~,:1i . ! . I; ~, ! "',.''':;;: (;.I~'I! .. , .. FAX o Per the RFP documents and this letter, the bid should be awarded to the lowest and best bid. Per state law, the bid must be awarded to the lowest responsive and responsible bidder. which Is clearly not Heisler. . "During the presentations and during the evaluation process, the prices of the proposals were not discussed. The three Parks Commission Representatives had no prior review, knowledge, or exposure to any of the proposals or presenters. They also had no knowledge of the prices that were submitted:' o It is clear from this statement that price was never disclosed or evaluated by all the (lommittee memben as one of the parametel'$ of the bid even though the bid documents clearly state that is a basis for award and one of the specific evaluation criteria listed. How can you determine If this Is In the best interest of the City If you don't know how much it costs? In a later cost analysis (whIch was not di:sclosed to Council) It clearly shows that Heisler is NOT the best bid for the city on a cost per activity basis or total cost basis. . "Of the top three Proposers, the Heisler proposal provides the most activities with the best variety of play value. This is the most subjective item, in that what counts as an activity mayor may not be an interest of high value to Children at the playground. And there are variances between the vendors as to what they consider an "activity."... For the reasons above, I would stay away from using this justification as much as possible." o First, the play value of a playground can be subjective, but there are ways to compare Item for item. The committee has no written documentation showing that any kind of "play value" comparison was ever done even though it is listed as a specific evaluation criteria. Second, the committee membel'$, specifically John Tucker and Manha Zeller, did verify the activity counts using "unlvenal" criteria so the counts should be an apples to apples comparison. . "I am providing the numbers and scenario below, to assist you in having a clear picture of how and what, in the City's view, are the costs. These numbers are not designed to either substantiate or refute the award or protests. I strongly recommend that they should not be included in the new staff report, because there is so much incollsistency between the various parties and what the numbers shouid be." (this section was even bolded) ArIzona Miracle Playground Sales SW 1146 N. Mesa Drive Sune 102, #136 Mesa t>:Z 85201 (800) 905-1411 Toll Free Phone (877) 905-1411 Toll Free Fax Sales@Miracleplayground_com Nevada Miracle Playground Sales SW 2657 Windmill Parkway #195 Henderson. NV 89074 (BOO) 905-1411 Toll Free Phone (B77) 905-1411 Toll Free Fax Sales@Miracleplayground.com California Miracle Playground Sales 27464 Commerce Center Drive Suite I Temecula, CA 92590 (BOO) 264-7225 Toll Free Phone (909) 676-8706 Fax sales@Miracleplayground.com Sent By: Miracle Playground Sales Southw; 909 676 8706; May.17.02 12:04PM; Page 3111 FAX o The staff does not want to show you the numbers because it clearly demonstrates (based on their "universal" counts, not the manufacturers) that the bid they are recommending is NOT in the best interest of the city from a cost per aGtivity or total Gast basis. The small difference and activity counts and other Items they list as "extras" do not Justify spending at least $105,000 more. . "Based on previous purchases. the cost to provide and install the 22 benches and 11 .Welcome" signs is about $18,265.00 (benches at $465.00 each, and signs at $815). The costs of negotiating with the other vendors to change the designs cannot be accurately determined at this time." o First, our proposals did Include welcome signs. which were clearly shown on our bid documents and was verbally stated to the committee at our presentation. SeGond, benGhes were not II requirement of the bid, and since this was a bid for playground equipment, not site furnishings, we did not include them. At the committee presentation we were asked if we would be willing to include benches and we answered yes - which was not mentioned in this document. There Is no cost up charge to the City to add 22 benches to our proposal. a Finally the City could have easily obtained prices for these items with a simple phone call or a quick look back at heir reGards - on 12/13/01 the City of San Bernardino ordered benches from us at a cost of $260.00 each. Arizona Miracle Playground Sales SW 1146 N. Mesa Drive Su~e 102. #136 Mesa AZ 85201 (800) 905.1411 Toll Free Phone (877) 905.1411 Toll Free Fax Sales@Miracleplayground.com Nevada Miracle Playground Sales SW 2657 Windmill Parkway #195 Henderson, NV 89074 (800) 905-1411 Toll Free Phone (877) 905-1411 Toll Free Fax Sales@Miracleplayground.com California Miracle Playground Sales 27464 Commerce Center Drive Su~1 Temecula, CA 92590 (800) 264.7226 Toll Free Phone (909) 678-8706 Fax Sales@Miracleplayground.com Sent By: Mlrecle Playground Sales Southw; 909 676 8706; May-17-02 12:04PM; Page 4/11 FAX "The Prices were as follows: Vendor Heisler Micon #1 Micon #2 Cssron Jl.id Price $725,000.00 $619.505.02 - $553.649.47 $698.900.00 Less Site (18,265.00) Amenities Subtotal $706,735.00 $619.505,9.2 $553.649.47 $698,900.00 # Activities 221 210 185 208 Price per 3197.90" 2948.60' 2992.70' 3475.96" Activitv .. .. Amount does not include any cost associated with the redesign changes, as they may vary. A Final actual cost per activity, for these vendors cannot be determined. ""Final price per activity. proposal does not require any further changes." o First, our proposal includes retrofit parts and installation at Encanto Park so our component count is under represented by -4 activities. Second, The Heisler bid does not include the parts and installation for Encanto Parle so It Is NOT final. There wllf be an additional cost from Heisler to fix Encanto. Third, this clearly shows Mlcon #1 was the lowest cost per activity. This does not show that Mlcon #3 was the lowest bid received out of all 8 and was a full $200,000 less than the Heisler bid. Finally, at the presentations, the committee asked If we were wlllfng to redesign Tom Gould or other parks as needed, we answered emphatically yes. The bottom line here is that either the Playground selection committee as a whole or one or more individuals in the selection process are trying to steer you into spending significantly more money than is required for less playground equipment and variety. The analysis is not complete. The committee did not perform due diligence in evaluating the bids and they have intentionally misrepresented and omitted information to make this look appropriate. In doing so, not only do they not have the best interests of the City and taxpayers mind, they are potentially exposing the City to significant legal risk from claims from the other vendors. There have been several formal protests filed on this bid and the City has not responded to any of the protestors as required by the bid documents. ArIzona Miracle Playground Sales SW 1146 N. Mesa Drive Su~e 102. #136 Mesa AZ. 85201 (800) 905-1411 Toll Free Phone (877) 905.1411 Toll Free Fax Sales@Miracleplayground.com Navad. Miracle Playground Sales SW 2657 Windmlll Parkway #195 Henderson. NV 89074 (600) 905-1411 Toll Free Phone (677) 905.1411 Toll Free Fax Sales@Mlraclepleyground.com California Miracle Playground Sales 27464 Commerce Center Drive Suite I Temeeula. CA 92590 (600) 264-7225 Toll Free Phone (909) 676.a706 Fax Sales@Miracleplayground.com r- .Sent By~ Miracle Playground Sales Southw; 909 676 8706; May-17-02 12:05PM; Page 5/11 FAX I think at this point it is clear that the Playground selection committee cannot make an unbiased, fair, complete report and request that City Council either evaluate this proposal directly or appoint a new commission to re-evaluate prior to award. I will have a detailed analysis and rebuttal of Mr. Randolph's "Request for Council Action" to you via email and Fax late this afternoon. Thank you for your time attention to this important matter. Please do not hesitate to call me with any Questions. Al'b:on, Miracle Playground Sales SW 1146 N. Mesa Drive Su~e 102, #136 Mesa /I\Z. 86201 (800) 905-1411 Toll Free Phone (877) 905-1411 Toll Free Fax Sales@Miracleplayground.com Nev,dp Miracle Playground Sales SW 2657 Windmill Parkway #195 Henderson, NV 69074 (800) 905.1411 Toll Free Phone (877) 905.1411 Toll Free Fax Seles@Mireclepleygl'ourld.com California Miracle Playground Sales 27464 Commence Center Drive Suite I Temecula. CA 92590 (800) 264-7225 Toll Free Phone (909) 676.8706 Fax Sales@Miracleplayground.com . Sent 'By: Miracle Playground Sales Southw; 909 676 8706; May.17-02 12:05PM; Page 6/11 CITY OF SANBERNARDINO FINANCE DEPARTMENT INTEROFFICE MEMORANDUM TO: Lemuel Randolph, Director Parks and Recreation Department FROM: Marsha Zeller, Purchasing Manager SUBJECT: Evaluation Committee Recommendations "F02-035 Upgrade of Playground Equipment at 11 Park Sites" DATE: May 9, 2002 On February 14, 2002, the City received 8 responses from 5 separate vendors for proposal F02-035, to upgrade the playground equipment at 11 City Park sites. These Proposals were subjected to an initial evaluation process that included a review of all mandatory requirements in the proposal submissions, and verification of valid California Contractor Licenses. Vendors were notified of any missing information and requested to supply the information. Missing information was received and reviewed- Evaluators were requested to review all eight proposals independently and rank the proposals from first (1~ to eight (8"') place based on the following criteria as referenced in the proposal. The City Proposal Analysis Group will independently read, review and evaluale each proposal and selection will be made on the basis of the criteria listed below. The firms submitting proposals shall Include with that proposal statements on the following: A. Variety and type of playground equipment. B. experience of vendor and/or sub-contractor (if used). C. Experience and knowledge In the design of similar playground slructums. D. Wamlnty offered. E. Cost of services; (I.e., price propOSal) The Proposal Anaiysis Group will rate each proposal and develop a composite rating which Indicates the group's collective ranking of the highest rated proposals in a descending order. AI this point, the Proposal Analysis Group may conduct interviews with IID!.Y. the top ranked firms, usually the top three depending upon the number of proposals received. The Proposal Analysis Group will conduct all subsequent negotiations and will make a recommendation for the contract award. . Sent 'By:' Mlracle Playground Sales Southw; 909 676 8706; May.17-02 12:05PM; Page 7/11 " Memo re: Recommendation on F02-035 Heisler Landscape page 2 of 6 Another key point that should be made in the staff report is this. solicitation was a proposal and not a bid_ As stated in the proposal we will award based on the criteria stated and recommend for award the lowest and best bidder (as referenced in section 3,04.070 goods/equipment and 3.04.085 service). We need to clearly define to Council why our recommendation represents the bi!!! bidder, because the protestors will concentrate that they are the lowest and best bid. Another point to establish is that each. of these proposals represents a single source procurement (although similar suitable products are available from multiple vendors, the bids are unique and cannot be awarded only on the basis of price.) The evaluation committee recommended that the top four proposals (two separate options from the same vendor) which resulted in requests for presentations from three separate companies. The vendors asked to provide a presentation of their proposal were Heisler Landscape, Micon Construction, and Casron Services. The proposals that did not receive further consideration were 2 separate product lines from WF Construction, the proposal from Park Specialties, and the third Option from Micon. Two proposals were lacking sufficient playground references, one design had substantially fewer activities, and the other proposal was over the budget by $20,000. The Proposal Analysis Group consisted of, Dan Ustation, John Tucker, 3 representatives of the Parks' Commission, and myself. We met on April 2, to hear presentations from the three top Proposers for the F02-035 Upgrade of Playground Equipment at 11 Parks. Each proposer was given one hour to present their proposals and answer any questions the group had regarding their proposals. Based on the presentations and committee discussion afterwards, the Proposal Analysis Group unanimously recommended that the award for this proposal to Heisler Landscape/Dave Bang Associates/Playworld Systems be forwarded to Council for their final approval and award. After the presentations concluded, the Proposal Analysis Group convened to discuss the proposals and prepare a recommendation for award. During the presentations and during the evaluation process, the prices of the proposals were not discussed. The three Parks Commission Representatives had no prior review, knowledge, or exposure to any of the proposals or the presenters. They also had no knowledge of the prices that were submitted. The Heisler Landscape proposal Included important site amenities suell as benches and sign age that the other proposals did not include. Vendors . Sent' By' Mlracle Playground Sales Southw; 909 676 B706; May-17-02 12:06PM; Page B/11 Memo re: Recommendation on F02-035 Heisler Landscape page 3 of 6 were allowed to design and include any products and items that would provide a quality playground. Safety and security of the children playing is very important. Providing benches so that adults and caregivers can sit close by and observe their children is an important safety factor. This feature will encourage more people to use the playground facilities. The other proposals did not. include benches or custom identification signage. These "Welcome" signs represent a symbol of pride for each neighborhood and the City as a whole. If we were to negotiate with the other Proposers the cost would increase for the bids. Heisler Landscape was the only proposal that will not require any reconfiguratlon and/or negotiations. The Heisler proposal was complete and did not require any changes or additional negotiations. Because of this factor, the Heisler proposal would require less time to have equipment in place. As we are approaching the summer playground season, which is the busiest time of year for the Parks, lead and installation times are critical. Delays In the completion of the projects and the condition of the current equipment could result in playgrounds that will be unusable for the majority of the summer season. Currently there are at least two of these sites that have had most or all of the old equipment removed because the age and condition of the equipment represented a serious public safety risk. The committee felt that the solution for Tom Gould Park, from one proposer did not include enough activities, and was a step down from the existing park. If this vendor were selected as the awarded vendor, we would have to redesign Tom Gould Park, at an additional cost. The vendor was informed of that determination during their presentation. Furthermore, we had asked that were they seleded we would ask that they add benches and signage to their proposal as well. The other Proposer's design for Ann Shirrells Park was not in compliance with the request that the tot area and general playground areas be separated. Heisler Landscape, Dave Bang & Associates, and Playworld Systems have a unique warranty service policy. They are the only Proposer who keeps "loaner" parts available to send out on a warranty or service problem, until the new part is installed. No other proposer presented any solution similar to this. In our past experience with some of the other Proposers equipment, we have had to wait and staff has had to block off, or remove unusable/unsafe equipment until replacements can be ordered. and installed. The Heisler Landscape warranty service policy ensures that our playgrounds are always safe and fully usable. This is important because a reorder of modular components (as there are 30 different colors) may take between 4-6 weeks before it can be installed. Heisler Landscape, Dave Bang & Associates, and Playworld Systems have included in their proposal have Included a one year maintenance and inspection service from an outside third-party company. There are state mandates regarding maintenance and inspection services for all playground areas. The requirement is that a certified Playground Inspector must perform them at established intervals. We have in-house staff that are certified and .Sent By: Miracle Playground Sales Southw; 9096768706; May.17-02 12:06PM; Page 9/11 -. Memo re: Recommendation on F02.035 Heisler Landscape page 4 of 6 perform these inspection services for our playground sites. The advantage of a third-party analysis is that it frees up the maintenance staff, and is always performed by professional, insured, licensed, certified and unbiased individuals. One of the other proposals offered a 3-year quarterly inspection period, but it was to be performed by the Manufacturer, rather than an un-biased third party inspector. Heisler Landscape, Dave Bang & Associates, and Playworld Systems is providing training to in-house staff. A maintenance and safety seminar, including comprehensive forms and records keeping materials, will be conducted with City Park Maintenance Employees that are responsible for the playground safety and durability. Heisler Landscape, Dave Bang & Associates, and Playworld Systems presented the strongest working association. The committee was impressed with the unified relationship between Heisler Landscape, the installer; the manufacturer's representative, Dave Bang & Associates; and the manufacturer, Playworld Systems. Of the top three Proposere, the Heisler proposal provides the most activities, with the best variety of play value. This is the most subjective item. in that what counts as an activity mayor may not be an item of high interest or value to the children at the playground. And there are variances between vendors as to what they consider an "activity", A double slide, a single swing, a rock climbing wall, a steering wheel, an overhead climber, and a panel with a picture activity, all are considered one activity. For the reasons above, I would stay away from using this justification as much as possible. The Hei51er prop05al included activities for a wide range of activities and ages. This criteria is subjeotlve also, but the committee felt that overall the designs prepared by Heisler were the most desirable. The proposal included activities both in modular systems and individual components throughout the play area. Their designs in some of the smaller parks provided effective use of the playground space without sacrificing activities, or narrowing the appropriate age group for the activity. The designs included fewer pieces of equipment that contained moving parts, which may tend to suffer adversely from the elements and require replacement or repair sooner than non-moving apparatus. I am providing the numbers and scenario below, to a88i5t you in having a clear picture of how and what, in the City's view, are the costs. These numbere are not designed to either substantiate or refute the award or protests. I strongly recommend that they should not be included In the new staff report, because there is so much inconsistency between the various parties and what the numbers should be. .- May-17-02 12:06PM; _Sent By: 'Miracle Playground Sales Southw; 909 676 8706; Memo re: Recommendation on F02-035 Heisler Landscape page 5 of 6 Page 10/11 Because of discrepancies in the numbers from multiple vendors that were included in the original staff report to Council; on 5.6-02, John Tucker and myself reviewed the design drawings and counted each site and activity to verify the vendor counts. Different vendors applied different criteria in the counting of the actiVities, some counted two part items as a single activity, and others counted as two activities, John, who is a certified Playground Inspector, verified each proposal using universal criteria for all design drawings, All counts were taken from the original CAD drawings submitted, In each vendor's proposal. The Heisler proposal provided a higher number of play activities compared to the other vendors a5 referenced below. All vendors were given a count of 1 items for the evaluation of Encanto Park (see note below). The bidders were instructed, during the Job Walk, that the existing Miracle playground structure would be remain. and we would deal directly with Miracle separately to bring the structure up to current safety requirements. However, Miracle included the changes as activities in their counts, and the other vendor redesigned the entire playground. Heisler Nllcon #1 Micon #2 Caeron ~Iavaround Im! Total Tobit Tall! Ann Shirrell 48 40 39 29 Encanto 1 ,~ r*""" o. ,." ^, Hudson 49 43 43 33 Lytle Creek 19- 21 14 11 Meadowbrook 11 15 10 ~ Mill Center 19 14 14 ^ 15 NewberT)' 12 12 13 20 ~Ison 14 15 ^' 11 18 Nunez 21 16 13 24 Speicher 17 28 21 20 Tom Gould 10 .. 6" 7 24 221 210 185 208 ... .- Note: . *Tree House structure counted ~s 1 activity, not 3 as listed by vendor . '*Per revieW 5-6-02 by John Tutlker and myself. . ... Did not follow instructions anll redesigned complete playground . .... Included in activity counts: ~lterations to their existing equipment that was to remain in place. Were instructed at JOb walk that modifications to existing equipment would be handled at another time. Based on previous purchases, the' costs to provide and install the 22 benches and 11 "Welcome" signs is about $18,265,00 (benches at $465 each, and signs at $615). The costs of negotiating with the other vendors to change the designs cannot be accurately determined at' this time. , . -Sent By: Miracle Playground Sales Southw; 909 676 8706; May-17-02 12:07PMj Page 11/11 ,. MemO re: Recommendation on F02-035 Heisler Landscape page 6 of 6 The Prices were as follows: Vendor Heisler Micon #1 Micon #2 Casron Bid price $ 725,000.00 $619,505.02 $553,649.47 $698.900.00 Less site ( 18,265.00) amenities Sub-total $ 706.735.00 $619 ,505.02 $~53,649.47 $696,900.00 # of Activities 221 210 185 208 Price per 3197.90" 2948.60' 2992.70. 3475.96" activity ~. Note: *Amount does not Include any cost associated with the redesign changes, as they may vary. A Final actual price per activity, for these vendors cannot be determined. -Final price per activity. Proposal does not require any further changes. This is a grant-funded project with an approved budget not to exceed $735,000 for all 11 parks. We pay for the playground equipment and are reimbursed from the State. The cost of the Heisler proposal is $ 725,000.00, which is under the approved amount, with a $ 10,000. 00 amount for contingencies. Please let me knoW if there is any other information you need to prepare the Council Action documents, or if I can answer any questions for you.