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Home My WebLink About4.5 Public Safety Complex Demoor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL February 19, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -35 Public Safety Complex Demolition Project, Contract No. 13 -02 Award of Bid Prepared by Herma Lichtenstein, Parks and Facilities Development Manager EXECUTIVE SUMMARY: Staff is seeking City Council authorization to award the Public Safety Complex Demolition Project, Contract #13 -02. The demolition project is the first phase of the improvements in the Public Safety Complex Capital Improvement Project for the development of a Joint Use Public Safety Complex with Alameda County Fire Administration at 6363 Clark Avenue. FINANCIAL IMPACT: The 2012 -2017 Capital Improvement Program (CIP), includes the Public Safety Complex (Project number 930016) which has a total appropriation of $2,758,420, available in Fiscal Year 2012 -2013. Out of the current available funding $500,000 is allocated for interior demolition of the building. Sufficient funding is available to award the bid. Engineer's Estimate $500,000 Recommended Low Bid $336,868 10% Contingency $33,687 Total Construction cost $370,555 RECOMMENDATION: Staff recommends that the City Council adopt Resolution awarding the Public Safety Complex Demolition Project, Contract #13 -02 to Central Valley Environmental Group, Inc. ( "CVE Group "). � r Submitted By l Reviewed By Parks and Community Ser ices Director Economic Development Director/ Public Information Officer Page 1 of 3 ITEM NO. 4.5 DESCRIPTION: On July 17, 2012 the City Council approved the design for the Public Safety Complex at 6363 Clark Avenue. The proposed improvements include demolition of all existing interior improvements and selected site work; installation of temporary maintenance facilities for the City of Dublin while the Maintenance Yard Facility is under construction; building upgrades to satisfy new code requirements; and, construction of 14,000 square feet of tenant improvements for office space for Alameda County Fire Administrative Services. As noted, the demolition is the first phase of the work for the overall project. On February 1, 2013 the City received seven bids for the demolition contract as follows: CVE Group $336,868 NCM Demolition & Remediation $420,700 Asbestos Management Group $435,000 Evans Brother, Inc. $615,800 CF Contracting $627,000 PALS/WCM $678,555 PARC Services $697,600 Staff and the City Attorney reviewed the low bid from CVE Group $336,868 and found CVE Group to be the lowest responsible and responsive bidder. Attachment 1 is a Resolution awarding the bid to CVE Group. The City received a bid protest letter from NCM Demolition & Remediation relating to the apparent low bid submitted by CVE Group (Attachment 2). The protest is based on the following two claims- 1 ) The protest letter notes that "CVE Contracting group, [sic] Inc. submitted an incomplete proposal document within form 001300 -2 where the day and month was [sic] not filled in. Therefore, the form was not complete." 2) The protest letter states that "Section 001460 -7 item number 4 under project experience does not comply with city experience [sic]. Referencing all items must be completed." With respect to the first objection, it is true that Central Valley Environmental (CVE Group) omitted the date and month the proposal was signed. However, all other information on this page was completed, and the lack of a date or month did not result in favoritism, affect the amount of the bid, influence potential bidders to refrain from bidding, affect the City's ability to make bid comparisons, or enable CVE Group to withdraw its bid. Given this, the issue raised in the first objection is a waiveable, immaterial defect and does not render the CVE Group bid non- responsive. With respect to the second objection, the meaning of the letter is somewhat unclear. The referenced item is one of the last six public works projects on which CVE Group participated. The lines in that entry for the "location" and "owner" of the project were not completed. However, CVE Group provided sufficient information on this entry to permit the City to identify the project and to take steps to verify the reference. In other words, the blank "location" and "owner" fields did not result in favoritism, affect the amount of the bid, influence potential bidders to refrain from bidding, affect the City's ability to make bid comparisons, or enable CVE Group to Page 2 of 3 withdraw its bid. Given this, the issue raised is a waiveable, immaterial defect, and does not render the CVE Group bid non - responsive. NOTICING REQUIREMENTS /PUBLIC OUTREACH: Advertisement of project was listed as a public notice in the Tri- Valley Times; in addition plans and specifications were submitted to plan rooms throughout the Bay Area. ATTACHMENTS: 1. Resolution awarding bid 2. Bid Protest Letter received from NCM Demolition and Remediation, LP Page 3 of 3 RESOLUTION NO. XX - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** AWARDING CONTRACT NO. 13 -02 PUBLIC SAFETY COMPLEX DEMOLITION PROJECT TO CENTRAL VALLEY ENVIRONMENTAL CONTRACTING GROUP, INC. WHEREAS, the Fiscal Year 2011 -2012 Capital Improvement Program Budget includes the Public Safety Complex Project (CIP # 930016); and WHEREAS, the City of Dublin did, on February 2, 2013, publicly open, examine and declare all sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 13 -02, 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 Central Valley Environmental Contracting Group, Inc. (CVE Group), in the amount of three hundred thirty six thousand eight hundred and sixty eight ($336,868); and WHEREAS, CVE Group is able to perform said project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin, does hereby award Contract No. 13 -02 to the lowest responsible bidder therefor, to wit, CVE Group, at a bid of $336,868 the particulars of which bid are on file in the office of the City Engineer. PASSED, APPROVED AND ADOPTED this 19th day of February, 2013, by the following vote- AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 1 Demolition and Remediation, LP 02.16.18 Transmitted via Email: hermal ,dublin,camy Herma Lichenstein Public Works Department City of Dublin 100 Civic Plaza Dublin, CA 94568 Phone: 925 - 833 -6630 Fax: 925.833 -6628 6644 Sierra Lane Dublin, CA 94568 -2793 T 925.347.1500 / 804.888.9501 F 925.307.1510 www.ncmg roup,com CA Lic. 0914688 / NV. Liic. #0073456 Project: City of Dublin / Alameda County joint use public safety complex demolition project no. 13 -02. Regarding: Bid Protest Dear Herma Lichenstein, In accordance with Public Contract Code, at section 12125 - 12130, Public Contract Code Bid Protest, NCM Demolition & Remediation, LP is protesting the following project indicated within or identified as City of Dublin / Alameda County joint use public safety complex demolition project no. 13-0 2 on the following facts or statements. Pertaining to items on document 001300, proposal form, CVE Contracting group, Inc. submitted an incomplete proposal document within form 001300 -2 where the day and month was not filled in. Therefore, the force was not complete. Under public bidding all line items must be completed. Section 001460 -7 item number 4 under project experience does not comply with city experience, Referencing all items must be completed. If you have any further questions, please do not hesitate to contact me. Sincerely, Mike Joseph U NCM Demolition & Remediation 6644 Sierra Lane, Dublin CA 94568 Phone: 925- 307 -1500