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Home My WebLink About4.10 Civic Center Modificationsor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL October 16, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -35 Award of Contract #12 -12 for Civic Center Modifications Prepared by Herma Lichtenstein, Parks & Facilities Development Manager EXECUTIVE SUMMARY: Staff is seeking City Council authorization to award the Civic Center Modifications Project, Contract #12 -12. The construction of Civic Center Modifications Project will include a series of minor upgrades to enhance customer service as well as meet the current Americans with Disabilities Act (ADA) regulations. FINANCIAL IMPACT: The total appropriations for Civic Center Modifications Project (CIP #930006), including the project carry -over is $1,042,410, which is available in Fiscal Year 2012 -2013. This project included technology and building improvements to convert records storage areas into productive work space. Out of the current available funding, $464,334 is allocated for building improvements. Staff recommends a contingency of 20% to allow for unforeseen conditions that may result in the remodel process and to authorize the City Manager to approve change orders up to a cumulative 20% without additional City Council approval as long as no individual change order exceeds $25,000. The project is funded from carry over appropriations and General Fund appropriations. Improvement Budget $ 464,334 Recommended Low Bid $272,898 20% Contingency $54,580 Total Construction Cost $327,478 RECOMMENDATION: Staff recommends that the City Council adopt Resolution awarding Contract No. 12 -12, Civic Center Modifications Project, to Agbayani Corporation. Page 1 of 3 ITEM NO. 4.10 ( ' �,J � dg&� - Submit ed By, Parks and Comm�nity Services Direc r DESCRIPTION: Reviewed By Administrative Services Director (9/, Reviewed By Assistant City Manager The 2012 -2017 Capital Improvement Program (CIP) includes the Civic Center Modifications Design and Construction project (Project No. 930006). The work to be undertaken with this portion of the project includes Americans with Disabilities Act (ADA) upgrades to the public counters in City Hall and at Police Services, as well as renovations to public meeting / conference rooms and audio visual upgrades. The construction should begin in early November with final acceptance anticipated in the first quarter of 2013. The intent is to keep the Civic Center open during construction, and Staff has included provisions in the contract and specifications to minimize disruptions to City operations and public use. It is expected the Regional Meeting Room will be closed for a short period and, in anticipation, Staff has blocked out a period of time spanning the holiday season to accommodate work and minimize inconvenience to the public. Staff will manage the logistics should the closure need to coincide with the Holiday Tree Lighting Ceremony. On October 1, 2012 the City received two bids, Cal Pacific Builders at $485,000 and the low bid from Agbayani Corporation at $272,898. Staff reviewed both bids and found Agbayani Corporation to be the lowest responsible and responsive bidder. The City received a bid protest from Cal Pacific Builders, the second lowest bidder, challenging the bid results (Attachment 1). The protest was based on the fact that neither Agbayani Corporation nor any of the subcontractors in the bid have the required license to do the fire sprinkler portion of the project. Pursuant to Public Contract Code section 4104, bidders are not required to list subcontractors if the amount they will be paid is less than '/2 of 1 % of the total bid amount. Based on the amount of the bid from Agbayani Corporation, they would be required to list any subcontractor doing work with a value of $1,362.42 or more. Agbayani Corporation submitted a letter (Attachment 2) indicating that the cost of the fire sprinkler work would be less than '/2 of 1 % of their bid. This is supported by the fact that the engineer's estimate prepared for the City in anticipation of this project indicated that the fire sprinkler work would cost $500. For this reason, the City Attorney has concluded the protest submitted by Cal Pacific Builders was unsubstantiated and that the contract can be awarded to Agbayani Corporation as the lowest responsible and responsive bidder. Attachment 3 is the Resolution awarding Contract #12 -12 to Agbayani Corporation in the amount of $272,898. Staff recommends a contingency of 20% to allow for unforeseen conditions that may result in the remodel process. The full cost of the bid including the contingency is within the appropriated funds for this phase of the project. Page 2 of 3 NOTICING REQUIREMENTS /PUBLIC OUTREACH: Advertisement of project was listed as a public notice in the Tri- Valley Herald. In addition, plans and specifications were submitted to plan rooms throughout the Bay Area. A copy of this Staff Report was sent to Agbayani Corporation and Cal Pacific Builders. ATTACHMENTS: 1. Protest Letter from Cal Pacific Builders 2. Agbayani Corporation Protest Response Letter 3. Resolution Awarding Contract to Agbayani Corporation Page 3 of 3 VA `• s sr�`UCT['3�• . ACIFIC. October 3, 20,12, Mr. Douglas Roonq 100 Civic "Plaza Dublin, CA.945fi8' Re Fro"test.Of Agbayani Omstruetio ;"Tne Project. Dublin'CIV$61 Center, Modification Project No. 12.42 ;Dear Mr. Rooney, Cal Pacific Construction, Inc protests any :award :of the contract to A bayaiu Construction, Inc. ("ABF) for the reasons discussed herein. As set forth Below, any emitract awarded to ABI would he contrary to Callf€ -mia,law - Because oflife and safely issues, fire piotection work must be performed by i "contractor with a CJ 6: license only. Section 7057(c) ,of'the Business: & Professions" Code states that "no genexal "buikd g contractor :shall contract for any project that includes the "C46" Fiore Protection classification as provided for in Section 7026.1;2" ... unless the genezal buildnig contractor. lolls .die appraprial :license .classification; or subcontracts. with the, appropriately licensed contractor." i Because ABI sloes not have a C4.6 license and has not listed a subcontractor a i cens€,, ARI's. bid is nonresponsive. ABI is also not a responsible bidder as it lacks the qualrfica. . s.- required to perform the project; wider California law, "it: is a misdemeanor for any person to submit a bid to a public agency without havinga license ihercfor" Bus & Prof. Code 7028. f 5.. " ,.fire protection contractor lays out, fabricates and "instaiis; all types of fue protection systems; including all the equipment associated with these systems," exeludiig electrical, alarm syst "ezns:" 8 cal—code of Regulations § 832.16. IOWA UA PACIFIC itONSTRUCT'l INC. ON Y.Tf Ir a.v()�u'. sr�'• �lr Tt4� The California Business & Professions Code requires tkiat the City. rej.ect ABT's bid because ABI lacks the propper license 'to perform the-work, Section 7029.1 , of the Business &. Professions Cade provides that "a bid submitted to a public agency by a contractor W' ho is not licensed m accordance with this chapter shall be considered nonresponsive and shall be :rejected bythe publie:.agency." As the statute uses the word "shall ", rejection of. the ABI is. mandatary, and them is no. discretion to waive the iftoars ies in. ABI's bid.. (Judith P v. Sup..erior Court` (2002):106 Cal. App: 4th 535, An Ulegal Award To A Bidder Other Than CECI Cadres Consequences The City may only award a contract to the lowest responsible bidder that submits a responsive bid. A, contract, awarded -to a bidder other, than CPCI would be illegal and void. (Valley Crest .Landscape, Inc. v. Danis (1996) 41 CaLApp,4t' 1432; Monterey Ath .Mechanical v. Sacramento Regional" County, Sanitation t?istrict (1995) 44 'Cal.App.+ i391) ) .. . C`nnelusion CPCI respectfully tequesis that its:protest be sustained and the project be awarded to it, as the coo Otor'subsmittffi g the lowest responsive bid. We would appreciate your advising us of any meetings or hearizags that me be held to-discuss-this protest. or award of the project so We may attend., so that.CPCI can be;.given the opportunity to. present evidence° and arguaaer as the law requires, City of Tnglwood =BA County City Center v Superior Court (I 972') Md434 861;86'i:) Please fool ftee`to contact me if you have any questions oT would like to discuss tWg matter further.. We took forward to eceivingthe city's determination of the protest. ^� AGBAYAN • "SBA Administrators Award for Excellence 2003" CC „ "NCSDC MBE Firm of the Year 2000” �rrr' • "National Small Business Firm of the Year 1999" "Region #9 Business Firm of the Year 1999" � � "SBA District Office Minority Firm of the Year 1999" CA LIC. #650472 October 5, 2012 City Of Dublin City Hall 100 Civic Plaza Dublin, California 94568 Subiect: Dublin Civic Center Modification Project — Protest by Cal Pacific. Dear Sir / Main, I am responding in regards to the Fire Sprinkler sub - contractor not being listed on bid form 9001360 -1. Agbayani Construction Corporation has estimated the cost of moving the 3 sprinkler heads in the Conference Room to be less than �/z % of the total scope of work, or less than $1369.00. Sincerely, I Q. '► Vincent D Agbayani President Agbayani Construction Corporation 88 DIXON COURT • DALY CITY, CA 94014 -2225• WEBSITE: www.agbayani.com • TEL:(650) 994 -9386 • FAX:(415) 665 -9470 RESOLUTION NO. XX - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** AWARDING CONTRACT NO. 12 -12 CIVIC CENTER MODIFICATIONS TO AGBAYANI CORPORATION WHEREAS, the Fiscal Year 2011 -2012 Capital Improvement Program Budget includes the Civic Center Modifications Project (CIP # 930006); and WHEREAS, the City of Dublin did, on October 2, 2012, publicly open, examine and declare all sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 12 -12, which Plans and Specifications 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 City Engineer, who has reviewed the bids to determine the lowest bid which was responsive to the requirements of the bid documents; and WHEREAS, the apparent lowest bid for the Project was the bid of Agbayani Corporation, in the amount of two hundred seventy -two thousand eight hundred and ninety -eight dollars ($272,898); and WHEREAS, Agbayani Corporation is able to perform said project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin, does hereby award Contract No. 12 -12 to the lowest responsible bidder therefor, to wit, Agbayani Corporation, at a bid of $272,898 the particulars of which bid are on file in the office of the City Engineer. BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to approve change orders up to a cumulative total of 20% of the bid amount without additional City Council approval as long as no individual change order exceeds $25,000. PASSED, APPROVED AND ADOPTED this 16th day of October, 2012, by the following vote- AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 1