HomeMy WebLinkAboutItem 4.02 Sports Ground RemodelCITY CLERK
File # ^®~~-~®
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 19, 2009
SUBJECT: Award of Bid -Contract No. 09-03, Dublin Sports Grounds
Renovation -Snack Bar and Restrooms Remodel
Report by: Diane Lowart, Parks & Community Services Director
ATTACHMENTS: 1) Location Map
2) Bid Results
3) Budget Change
4) Protest Letter from CBC Construction Company, Inc.
5) Resolution
RECOMMENDATION: Staff recommends that the City Council take the following
actions:
1) Reject the bid protest by CBC Construction Company, Inc.,
against the second lowest bid;
2) Approve a Budget change in the amount of $14,910; and
/~;
~' 3) Adopt the resolution awarding Contract No. 09-03, Dublin
Sports Grounds Renovation-Snack Bar &Restrooms Remodel,
to Home Line, Inc. as the lowest responsible bidder.
FINANCIAL STATEMENT: There were 10 bids received, of which the lowest responsive bid was
submitted by Home Line, Inc., for $64,900, including the Add Alternate scope of work. A budget change
in the amount of $14,910 will transfer this amount from the budgeted contingent reserve.
~~, DUBLIN SPORTS GRnUNDS ~ FY 2008/09 Recommended ~ Additional
i RESTROOM / S~ti'ACK BAR RFNOtir,aTlON ~~ CIP Responsive Bid ~~.ppropriation
BUDGET
With Alternate ~
Required ~,
~
• Staff Project Mgt Costs $ 6,550 $ 8,500 __
• Miscellaneous Project Bidding Costs 2,300 800
• Contract Services -Design 9,700
Sub-Total Project Desi n / Biddin /Ins ection $ 8,850 $ 19,000 $ 10,150
• Improvements -Base Bid $ 69,875 45,400
• Improvements (Alternate- Add
Accessibility Improvements to Restroom 19,500
at Snack Bar Bldg)
Sub-Total Base + Alternate 64,900
• Construction Contin ency (15%) Incl Impvts 9,735
Sub-Total Project Im rovements $ 69,875 $ 74,635 $ 4,760
GRAND TOTAL BUDGET $ 78,725 $ 93,635 $14,910
COPY TO: B,aaers~LL~usL
Page 1 of 3
ITEM NO. ~ ' Z"'
W
DESCRIPTION: This project is part of the much larger Dublin Sports Grounds
Renovation Capital Improvement Program (CIl') Project.
This phase of the overall CIl' Project began as a remodel to bring the snack bar up to Alameda County
Health standards and to replace deteriorating bathroom partitions. However, under the Americans with
Disabilities Act (ADA), the City is required to bring all City-owned buildings and facilities into
compliance with federal accessibility laws as part of a remodeling project. Once the magnitude of the
health code issues were identified, it was reauired to also upgrade the building to conform to ADA
standards. The expanded scope of work was such that an architect was hired to develop construction,
electrical and mechanical bid documents at a cost of $9,700.
The ADA allows a Transition Plan to enable the upgrade of facilities over time so that the financial impact
will be reduced. This remodel project was expanded to upgrade the facilities to ADA standards in order
to comply with the City's ADA Transition Plan, which also resulted in added costs to the project. Staff
believes that the increased cost for the added scope of the project is being offset by the favorable bidding
climate due to the current distressed economy. This has resulted in the bids for improvements being very
close to the original budget (Bid with contingency is $74,635 compared to a budget of $69,875).
The Dublin Sports Grounds includes two restroom buildings: one with the snack bar as part of the
building; and the second containing restrooms only (Attachment 1).
The majority of the work is related to the older snack bar/restroom building, with the newer two-restroom
building only needing partition replacement and limited facility upgrades.
A total of ten (10) bids were received for the project (Attachment 2). The lowest bid received was
deemed non-responsive as the signed Addendum No. 2 was not submitted with the bid package; therefore,
the second lowest bid, which was submitted by Home Line, Inc., in the amount of $64,900, is being
recommended for award of the contract. A 15% contingency is being recommended due to the age of the
snack bar/restroom building. Staff is recommending that the work on the second restroom building be
included (Add Alternate) to affect repairs and bring this Sports Grounds facility into conformance with
ADA standards. The additional costs resulting from the need for an architect's services, combined with
the estimated cost of the construction costs (including contingency), results in a total that is more than the
amount budgeted for this project. Therefore, a Budget Change is necessary in the amount of $14,910 to
cover the difference. It is proposed that the additional appropriation of $14,910 be made from a transfer
from the Budgeted Contingency as shown on the Budget Change Form (Attachment 3).
BID PROTEST: The third lowest bidder, CBC Construction Company, Inc. (CBC),
has filed a protest against the two lower bids (Attachment 4), claiming that: 1) the low bidder (Capitol
City Development) failed to submit a signed Addendum No. 2 with the bid package; and 2) the second
lowest bidder (Home Line, Inc.) failed to list subcontractors for the work. CBC alleges that Home Line,
Inc. cannot perform the work without using subcontractors.
It is Staff's belief and recommendation that the lowest bid by Capitol City Development is, in fact, non-
responsive for not including the required signed Addendum No. 2 in the bid proposal.
The Contractor's License held by the second lowest bidder, Home Line, Inc. is a Class "B" License. This
Class allows the contractor to bid as a General Contractor on building projects that have at least two
separate trades (other than carpentry), and the ability to hire employees in these trades to perform the
specialized work. Home Line, Inc. has provided a statement to the City to the effect that it intends to
perform all of the work with its own employees and will not be using subcontractors. It will be Staff's
Page 2 of 3
responsibility to ensure this is true by enforcing the requirement for the contractor to submit certified
payrolls for all of the contractor's employees working on this project.
Staff believes and is recommending that the bid protest received from the third lowest bidder (CBC
Construction Co., Inc.) be rejected and that the contract be awarded to Home Line, Inc.
RECOMMENDATION: Staff recommends that the City Council take the following action: 1)
reject the bid protest by CBC Construction Co., Inc., against the second lowest bid; 2) approve a Budget
Change in the amount of $14,910; and 3) adopt the resolution awarding Contract No. 09-03, Dublin
Sports Grounds Renovation -Snack Bar and Restrooms Remodel, to Home Line, Inc., as the lowest
responsible bidder.
Page 3 of 3
^
v ~~
-;: ~ D~ ~ .
~~ ~f r~
ti ~ ~ ,
~ - ~ti~ ,,,
Ilt ~
19 ~.. •~~t' 8Z r
^ -
r
~.
~ ~.
.~
-~
Q
~~ 2 ,%l ~~~~~'/ U ~ tar
PROJEC ~ 6usLih a~w.
o ~~555555'/>
RES
ESTE
C1V1C GENTEA. ~ Q
~P'Ip' ~ ~ ~ aE~~ Bea ~ \~`\\\ \ \
"~_ - -----------~ 0 0 4 0I
`,. J ____
__......_-, ~ it7
~a e ~ I
il{ES(R ~ ~~ C O ' 6 I ~
Uo0 O oo $pc er 7 ~ ebatl 3' 1
' Soccer 6
p~~T LOC N 1 ~ j
90' Damon) R & RESTR MS s, ~
~~sebalt SACK
J 60'•Ri and ,~'_ ~_.__~~ o
L--.
--- -- ~ {{ att 1
•~~gaccer Soft att j ~ ighte
- ighted), Sbcc~4' S'
Soccer 4 ~ _ ~ (L1gh~ed}
`. Ba eb It ~ •. I
~~ ~'. '
~(r~ ~ nd . Soccer 3 '~~` ~-- `
0' Dia ~ Soccer 2 ; _ ___1
•g seba ~ ~ ---- --f-
~ ~ ~ ~ ~ (6~'Dtam nd} ~ T
v .... t -
A , ' 1t ,----!~ ~~`~ ~ ~~~•",.-.1V 5B0 FREEWAY
.._,...
..3Z -
.,.....
,~ -
'~ ~
BID RESULTS -CONTRACT N0.09-03, DU E
BLIN SPORTS GROUNDS RENOVATION -SNACK BAR & RESTROO
M
S
R
E
M
O
D
BID OPENING DATE -April 28, 2009
I _
j _
_
__
__
_
__
_
_
-i i ---
ENGINEER'S ESTIMATE ** CAPITOL CITY DEV. ~ HOME L INE, INC. I CBC CON STRUCTION _ ~_
__
BID
ITEM
ITEM DESCRIPTION UNIT OF
MEASURE
QTY I
UNIT PRICE TOTAL
PRICE _ __-
UNIT PRICE TOTAL
PRICE _
I
UNIT PRICE
iTOTAL PRICE I
UNIT PRICE TOTAL
PRICE
1 Remodel of Building #1 LS 1 $ 73,000.00 _
$ 73,000.00 ~ $ 35,000.00 $ 35,000.00 $ 45,400.00 $ 45,400.00 $ 58,888.00 $ 58,888.00
~ _
---- I--
~ - --- - _
--
~
~
I
ADD A LTERNATE: ~
2 Remodel of Building #2 LS 1 $ 19,000.00 $ 19,000.00 $ 28,000.00 $ 28,000.00 $ 19,500.00 $ 19,500.00 $ 25,388.00 $ 25,388.00
------
TOTAL BID:
---
$ 92,000.00
~
$ 63,000.00 ;
64,900.00 ,
84,276.00
*
- _ - - _
' * Amount corrected
___ _ after verification i
I
- -_ ----
CALSTATE CONSTR. B BUI
B 8~ LDER
S, INC. ENE
VN
G RAL BLDG GUERRA CONSTR.
BID
ITEM
ITEM DESCRIPTION ____
UNIT OF
MEASURE __
~
QTY
UNIT PRICE __
TOTAL
PRICE _ __
_
!
UNIT PRICE _
TOTAL ~
PRICE _
I ____ _
__
_
~
UNIT PRICE
TOTAL PRICE'
UNIT PRICE TOTAL
PRICE
1 Remodel of Building #1 LS 1 $ 74,977.00 $ 74,977.00 $ 79,487.00 $ 79,487.00 $ 85,000.00 $ 85,000.00 ' $ 99,353.37 $ 99,353.37
1 --- -- -- -- ------ ~ '
- ~ -
ADD A LTERNATE: ' l~ ~
2
Remodel of Building #2
LS I
1
$ 33,500.00 ?
$ 33,500.00 !
!, ____
$ 26,391.00
$ 26,391.00
$ 60,000.00 ! __
$ 60,000.00
$ 41,286.18
$ 41,286.18 ~
TOTAL BID:
I
$108,477.00 ----
$105,878.00
$ 145,000.00
!,
$140,639.55
-- - ----- ------- ----
L ~
~
*** SED GRO VE CONSTR. PAGE CON STRUCTION RODAN BUILDERS GUERRA CONSTR.
BID
ITEM
ITEM DESCRIPTION UNIT OF
M__E_AS_U__R_E_ ~
I
__Q_T_Y_ ~
UNIT PRICE TOTAL
PRICE ~
UN_I_T PRICE TOTAL
_PRIC_E_
_ UNIT PRICE_
_TOTAL PRICE
UNIT PRICE IOTA
PRICE
1 i
4 Remodel of Building #1
LTERNATE: I
Remodel of Building #2 LS
--- - '
-- -~
LS 1 '
- -
1 $117,800.00
$ 41,000.00 ! $117,800.00
- .-. ~
$ 41,000.00 j
~
~ $124,091.00
-------- -
$ 23,420.00 $124,091.00
--
$ 23,420.00 $159,000.00 i
-----
$ 43,000.00 $ 159,000.00
$ 43,000.00 $ 99,353.37
$ 41,286.18 $ 99,353.37_
$ 41,286.18
--- - -
TOTAL BID: $158,800.00 * $147,511.00 $ 202,OOO.OJ $140,639.55
~~
_ __
* Amount corrected after verification _
~
- _
- ~-
** Non-Responsive Bid (missing Addendum No. 2)
-
- -
___ __ ___ __ __ *** Non-Res onsive Bid missin both Addendum No. 1 and Addendum No. 2
'~
,IP\DSG Renovation (CIP 95830)\BID RESULTS
CITY OF DUBLIN
BUDGET CHANGE FORM
New Appropriations (City Council Approval Required):
From Unappropriated Reserves
(If Other than General Fund, Fund No -
From New Revenues
DECREASE BUn~FT a[~nrrnrT n nnr~rrnr-r
Budget Transfers:
~~~
CHANGE FORM #
X From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
---. ~, , . n . -- _ _---
]name: General Fund -Budgeted n.,~ ~~~.~.~~ t1l~L.VVI~~
Name: General Fund CIP -Dublin Awivu;vi
Contingent Reserve Sports Grounds Renovation Project
$14,910 -Contract Services -Design
$10,150
Account #: 001-10800-799-000 Account #: 001-95830-740-078
Name: Name: General Fund CIl' -Dublin
Sports Grounds Renovation Project
Account#: -Contract Services -Improvements $ 4,760
Account #: 001-95830-750-050
Name:
Name:
Account #: Account #:
ASD/Fin Mgr
Signature
Date: ~ ~ ~ O
REASON FOR BUDGET CHANGE ENTRY: The City Council is considering the award of a
construction contract to address renovation of the Dublin Sports Grounds Snack Bar and Restrooms. Based
on the scope of work additional design services were required as described in the Staff Report. It is also
recommended that the project include additional work to address accessibility improvements.
This budget change will transfer $14,910 from the Contingent Reserve Account to the Dublin Sports
Ground Capital Project to provide the appropriations necessary to accommodate the recommended award
of bid.
C1ty
Mayor:
Signature
As approved at the City Council Meeting on:
Signature
Posted By:
r Signature
G:IBudget ChangesV_2008 0915_19 09 DSGRercovatn_ContnglRsrv.doc
Date: ~ t z o?
Date: 5/19/2009
Date:
Date:
Attachment #3
ti~p6
~t"
r
~°°"_,
{.... _ C~Jt~S'tr'uC't~4M
t
X81 LEISURE STREET LiVERM~RE. CA 94551 ~ `~%,~4~ a~r,~~~
TEL: (925j 344-QO3O FAX: {925) 344-0031 ~. ~ ~, ,. ,~
!" ~$ ~ 'r a ~:„:' .., . ~"~:
April 29, 2009 ~'--~"
Mr. Lee Thompson
City Project Manager
City of Dublin
100 Civic Center Plaza
Dublin, CA.94568
Reference: Dublin Sports Grounds Renovation
Snack Bar & Restrooms Remodel
(CIP NO. 95830)
Dear Mr. Thompson,
via facsimile925-829-9248
(hard copy to follow by US mail)
We herein protest the proposal submittals of Capitol City Development and Home Line„ Inc. for
their failure to comply with the following Bid Form requirements.
CBC Construction Co., Inc. believes that the Capitol City Development proposal is incomplete and
non-responsive for failing to acknowledge Addendum #2. The Acknowledgement on the bottom of page
two of the addendum clearly states the bidder shall submit this statement together with his or her bid
in order to be valid. With the absence of this addendum in their bid package makes their bid incomplete
and non-responsive.
CBC Construction Co., Inc. also believes that the Home Line Inc. proposal is incomplete and non-
responsive for failing to follow section 4100 of the Public Contract Code regarding listing sub-
contractors performing more than % of 1% of the total contract price of the project. The law is in place to
protect all bidders leaving an equal playing field, preventing possible bid shopping after the bid. allowing
a General Contractor to make up for a bid error that gave said bidder an economical bidding advantage
over it competitors. This law keeps the integrity of the Public Works bidding process intact.
Home Line Inc. "List of Sub-Contractors" sheet fails to list any sub-contractors. The project includes
the following sub-contractors that require a specialty license issued by the California State License
Board. C-15 Floorcovering for the installation of the epoxy flooring, C-36 Plumbing and a C-10
Electrical. The California State Contractors License Board web-site shows that the only classifications
Home Line, Inc.(lic # 882835) is licensed for are C14 Glazing and B General Building Contractor.
Providing Commercial Construction Services Since 1996 ~~~~
California State Contractors License Number 718767
5u~ /~
Based on the information provided above, CBC believes the City of Dublin should declare the bids of
Capitol City development and Home Line Inc. for the Dublin Sports Ground Renovation as non-
responsive and rejects their bids. CBC believes that we are the lowest responsible bidder with the
lowest responsive bid and should be awarded the project. Our experience list should give comfort that
we are capable of providing a quality project for the City of Dublin and its Citizens.
Should you require additional information or assistance regarding this manner, please contact the
undersigned at 925-344-0030.
cc: Ari Lauer, Attorney at Law
~~6
RESOLUTION NO. - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AWARDING CONTRACT N0.09-03,
DUBLIN SPORTS GROUNDS RENOVATION -
SNACK BAR AND RESTROOMS REMODEL
TO HOME LINE, INC., AS THE
LOWEST RESPONSIBLE BIDDER '
WHEREAS, the City of Dublin did on April 28, 2009, publicly open, examine, and declare all
sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for
Contract No. 09-03, Dublin Sports Grounds Renovation -Snack Bar and Restrooms Remodel, which
Plans, Specifications, and Modifications are hereby expressly referred to for a description of said work
and for all particulars relative to the proceedings under the request for bids; and
WHEREAS, said bids were submitted to the Public Works Director, who has reviewed the bids to
determine the lowest bid which was responsive to the requirements of the bid documents;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby award Contract No. 09-03 to the lowest responsible bidder therefor, to wit, Home Line, Inc., at a
bid of Sixty-Four Thousand Nine Hundred Dollars and No Cents ($64,900.00), the particulars of which
bid are on file in the office of the Public Works Director.
PASSED, APPROVED AND ADOPTED this 19th day of May, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G:\CIP\DSG Renovation (CIP 95830~Reso Awazd 2.DOC AITACNYIENT