Title
Staff Report for a Resolution of Award of Construction Contract to Frisco Pro Building Services, Incorporated for the Marina Community Center Storefront Window Replacement, Project No. 2005.0060
Staffreport
SUMMARY AND RECOMMENDATIONS
This contract provides for the replacement of storefront windows at the Marina Community Center.
Staff recommends award of a contract to the lowest responsible bidder, Frisco Pro Building Services, Incorporated, in the amount of $87,500 for the subject project.
BACKGROUND
This project will replace four bays of storefront windows along the frontage of the Marina Community Center (MCC) building. These windows have water leaks during periods of heavy rain and need replacement.
This is the second request for bids for this project. The first bid advertisement resulted in four bids which were rejected because they exceeded the engineer's estimate. The project was adjusted to reduce costs by adjusting contractor licensing requirements, clarifying the window specifications, and modifying the project's general conditions.
As the engineer's estimate is less than $100,000, this project is not subject to San Leandro Local Business Preference and Participation Goals.
Analysis
Bids were opened on August 21, 2014. Four bids were received, ranging from $87,500 to $137,814. The low bidder was Frisco Pro Building Services, Incorporated. The low bid amount is 6% above the engineer's estimate of $82,696. After review of the bids, staff finds it unlikely that a lower cost can be achieved by rebidding the work without compromising the objectives of the project.
A bid protest was filed by the second low bidder, Alex Kushner General Contractor. The bid protest asserts that omission of an addenda acknowledgement, the low bidder's lack of public works experience, and that the low bidder did not list a subcontractor to complete the carpet installation, renders the low bid non-responsive. After technical and legal review of the bid and the bid protest, staff determined that the omission of the addenda acknowledgement signature was not a material defect as to render the bid non-responsive; the bidder meets the licensing and bonding requirements for the project - both of which mitigate concerns regarding experience; and bidders were not required by the specifications or by law to list subcontractors who will not perform greater than one-half of one percent of the amount of the prime contractor's bid, or if the prime contractor elects to self-perform the work. Here, Frisco Pro Builders represents that it is capable and will self-perform the carpet installation work. For these reasons, the bid protest is without merit and is rejected.
Previous Actions
On July 21, 2014, by Resolution Number 2014-087, the City Council rejects all bids for the first advertisement of the Marina Community Center (MCC) Storefront Window Replacement
Applicable General Plan Policies
This project is consistent with General Plan Goal No. 52.07 to provide for the ongoing maintenance of City-owned facilities.
Environmental Review
This project is categorically exempt from CEQA per Section 15301(c) - Existing Facilities.
Summary of Public Outreach Efforts
This project was posted on the City's website and advertised in the Daily Review on July 30, 2014. Notification of this bid opportunity was also sent to local Builder's Exchanges as well as contractors who registered with the City to be informed of bidding opportunities.
Code Compliance Review
A City of San Leandro Building Permit will be obtained for this work.
Fiscal Impacts
Total project cost is anticipated to be $124,500; including project contingencies and City staff design and construction management costs.
Budget Authority
This project is funded by existing appropriations of Facilities Maintenance Funds in CIP accounts 687-18-135 and 687-18-007. In the FY 2012-13 adopted budget $116,000 was appropriated in 687-18-135. To provide additional funds for construction contingency, Public Works will transfer $8,500 from the Building Maintenance Fund for Facilities Capital Improvements 687-18-007 for a total allocation of $124,500 in the 687-18-135 account. Currently, the balance remaining for this project is $106,169 which allows enough funding to award the construction contract.
ATTACHMENT
ยท Bid Summary
PREPARED BY: Mark Goralka, Associate Engineer, Engineering and Transportation Department