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CC 2014-09-09_08.b. Reject Bids for Corp Yard pRRO INCORPORATED 9Z ° gym MEMORANDUM JULY 10. 1811 cq'IFOR \ TO: CITY COUNCIL FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTORg� BY: MIKE LINN, CAPITAL PROJECTS ENGINEER SUBJECT: CONSIDERATION TO REJECT ALL BIDS FOR THE CORPORATION YARD ADMINISTRATION BUILDING AND EXISTING FACILITY RENOVATION PROJECT, PW 2013-12 DATE: SEPTEMBER 9, 2014 RECOMMENDATION: It is recommended the City Council: 1. Reject all bids received for the subject project; 2. Direct staff to rebid the project at a future date after performing value engineering and modifications to the project specifications. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The 2014/2015 Capital Improvement Program Budget includes $525,000 for the subject project. The architect's estimate for the Base Bid of the project is $410,000. BACKGROUND: On October 8, 2013, the Council approved conceptual design plans for the renovation of the Corporate Yard and authorized staff to distribute requests for proposals for architectural and engineering design services. On January 14, 2014, Council approved a design contract with Harris Architecture & Design. On April 15, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 13-004 for the Corporation Yard project. The project scope of work involves the construction of a new single story 2,000 square foot administration building consisting of framed construction with prefinished metal panel exterior finish, standing seam metal roof, and associated finishes and utility connections to provide a fully functioning building. The bid documents defined the project components as follows: Base Bid — New Administration Building Work involves the construction of a separate administration building. Item 8.b. - Page 1 CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO REJECT ALL BIDS FOR THE CORPORATION YARD ADMINISTRATION BUILDING AND EXISTING FACILITY RENOVATION PROJECT, PW 2013-12 SEPTEMBER 9, 2014 PAGE 2 Additive Alternate A — Interior Remodel in Existing Building Involves the remodeling of interior partition walls, plumbing, electrical and finishes creating separate men's and women's dressing rooms and a revised entry. Additive Alternate B — Construct Lead Worker's Office in Existing Building Involves the conversion of the existing Sewer Parts Shop into office space. ANALYSIS OF ISSUES: On August 18, 2014, nine bids were opened for the subject project. The project specifications stipulated that contract award would be based solely on the Base Bid. Quincon, Inc., with a listed Base Bid of $412,701, was deemed to be the apparent low bidder pending review of the bid documentation by Engineering staff. Within two days, Engineering received two letters of bid protest from Effect Contractors (see Attachment No. 2) and the Carroll Building Company (see Attachment No. 3). Carmel & Naccasha, legal consultant to the City, reviewed the protest letters with respect to the bids received. Although some of the concerns can be waived as minor irregularities by the City at their discretion, the City Attorney's office noted that the majority of the bids did not meet the requirements of the Subcontractor Listing Law. Section 2-3.2 of the City's base specification document, the Greenbook Specifications (2012 Edition), states the following: 2-3.2 Self Performance The contractor shall perform, with its own organization, Contract work amounting to at least 50% of the Contractor Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contractor Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or in the Special Provisions. Of the nine bids received, only one contractor, Newton Construction, met the 50% requirement. The apparent low bidder, Quincon, Co., failed to list the percentages. All bids exceeded the Architect's Estimate of $410,000. Thus, eight of the nine bids are deemed non-responsive. The Greenbook is a widely used document throughout California for public works engineering projects. Municipalities in San Luis Obispo and Santa Barbara County either reference the Greenbook Specifications or the Caltrans Specifications as their base document. In comparison, the Caltrans Specifications requirement for the percentage of work that a contractor must perform with their own forces is 35%. Upon interviewing the contractors, staff discovered that building contractors were unfamiliar with the Greenbook Specifications as it is not normally referenced in commercial building construction. Hence, the contractors were apparently unaware of the 50% Item 8.b. - Page 2 CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO REJECT ALL BIDS FOR THE CORPORATION YARD ADMINISTRATION BUILDING AND EXISTING FACILITY RENOVATION PROJECT, PW 2013-12 SEPTEMBER 9, 2014 PAGE 3 - requirement as it is not explicitly stated in the project specifications, only referenced in the base document (Greenbook Specifications). All the contractors believed that the 50% requirement, although valid for public works projects, exceeds the industry standard for building projects. Based on the City Attorney's office findings, staff recommends that Council reject all bids received and direct staff to rebid the project at a future date. Staff proposes performing the following actions to facilitate rebidding of the project: • Research the percentage requirement for building construction with surrounding agencies to determine a reasonable percentage for work performed by the general contractor's forces. Staff will include the percentage (if revised) directly in the project specifications. • Work with the project architect to perform value engineering to attempt to fit within the available budget as follows: review the project's base bid scope of work to determine if it can be scaled back or modified, potentially substitute lower cost components and determine whether the Public Works Department can perform more of the work with their own forces. • Review the budget to determine if additional available funding can be identified. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Reject all bids received and direct staff to rebid the project at a future date following value engineering and modification of the project specifications; or 2. Provide direction to staff. ADVANTAGES: Reevaluating the project scope of work and specifications may yield more competitive pricing and eliminate confusion with the Subcontractor Listing requirements. DISADVANTAGES: Readvertising the project will push construction into the winter months. ENVIRONMENTAL REVIEW: The project is categorically exempt from CEQA pursuant to Section 15301(d),15303 (c). PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted at City Hall on Thursday, September 4, 2014. The agenda and staff report was posted on the City's website on Friday, September 5, 2014. Item 8.b. - Page 3 CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO REJECT ALL BIDS FOR THE CORPORATION YARD ADMINISTRATION BUILDING AND EXISTING FACILITY RENOVATION PROJECT, PW 2013-12 SEPTEMBER 9, 2014 PAGE 4 Attachments: 1. Bid Tabulations 2. Effect Contractors 8/19/14 Bid Protest Letter to City 3. Carroll Building Co. 8/21/14 Bid Protest Letter to City Item 8.b. - Page 4 ATTACHMENT 1 CITY OF CITY OF ARROYO GRANDE BID OPENING LOG SHEET NK CALIFORNIA DEADLINE: TUESDAY, AUGUST 18, 2014 -2:00 PM PROJECT NAME: CORPORATION YARD ADMINISTRATIVE BUILDING AND EXISTING FACILITY RENOVATION PROJECT PROJECT NO. PW 2093-92 ARCHITECT'S ESTIMATE: $490,000.00 SUBMITTED BY: *BASE ALT A ALT B ALT C GLR Construction $450,845.50 $37,373.40 $10,100.55 $10,287.30 Santa Maria, CA Newton Construction $529,000.00 $16,500.00 $19,000 00 $10,000.00 San Luis Obispo, CA Pueblo Construction, Inc. $525,438.00 $16,677.00 $17,904.00 $10,494.00 Santa Barbara, CA Effect Contractors $454,800.00 $19,700.00 $20,100.00 $12,000.00 Nipomo, CA Kinyon Construction, Inc. $612,457.00 $19,742.00 $8,648.00 $9,802.00 Santa Maria, CA Quincon, Inc. $412,701.00 $29,186.00 $57,424.00 $9,605.00 Grover Beach, CA Vernon Edwards $499,374.00 $21,808.00 $21,110.00 $16,728.00 Santa Maria, CA PBC (Pickard & Butters) $450,806.00 $19,621.00 $14,581.00 $13,549.00 Atascadero, CA Carroll Building Co. $435,500.00 $27,200.00 $21,000.00' $16,000.00 San Luis Obispo, CA *The lowest bid shall be the lowest bid amount on the base contract. p�R�YO eq Kitty'Nortoobeputy City Clerk ,O� '9yO rn c: Director of Community Development V �11LY 10.�� Director of Public Works Assistant City Engineer City Manager CALIF Item 8.b. - Page 5 Attachment No. 2 EFFECT CONTRACTORS 116 West Chestnut St.,Vipomo,CA 93444 805 878 2231 ph 805 929 1193 fax License 835977 August 19,2014 City of Arroyo Grande Attn Mike Linn 300 East Branch Arroyo Grande, CA 93420 Dear Mike: Please consider this letter as formal notification of a protest by Effect Contractors,regarding the project"Corporation Yard Administration Building and Existing Facility Renovation, Project No. PW 2013-12". We request that all of the bids received by the City of Arroyo Grande for the project noted above be rejected as non-responsive due to the City's failure to declare project funding prior to opening of bids as required by the Bid Proposal, Item 7,page Bid-3. Sincerely: tGreeis Owner "Working effectively to`Hake your plans a reality" Item 8.b. - Page 6 Attachment No. 3 (DARROLL BUILDING CO, CARROLL DEVELOPMENT,INC. L�N,755672 2653 Victoria Avenue San Luis Obispo,CA 93401 Tel:(605)543-2427 Fax-(805)543-2498 August 21,2014 City of Arroyo Grande 300 E Branch St Arroyo Grande, CA Project: #PW 2013-12 Corporation Yard Administration Building&Existing Facility Renovation Gentleman. We have just received a copy of the bid documents from the apparent low bidder just before noon today. We had requested the documents shortly after the bid opening via email and phone. Thank you for your cooperation in providing the paperwork. Our review of Quincon's documents indicates some significant omissions. 1. The Bid Schedule indicates that a numerical price and a written price are to be included. This is further substantiated in the specifications under bid requirements. The paragraph )3 Bid Forms states that"all bids must give the prices proposed, both in writing and figures." (copy attached for your reference) It is clear that Quincon did not include the bid numbers in written form as required by the specifications. 2. On page 7 of the bid forms,the first 2 lines are requesting years in the contracting business and years of experience in projects of this nature. This information is also omitted. 3. On the List of Subcontractors the information concerning the percentage of each listed subcontractors of the whole price is also omitted. It is our opinion that the omitting the bid amounts in written form is the biggest issue. This is required so that they can be compared to assure correct pricing. In most cases the written price takes precedent over the numerical price. By omitting the written price there can be no comparison. Other referclaces In item 4 Reiection of Bids the paragraph states"Bids may be rejected if they are incomplete bids." This is clearly an incomplete bid. Item 6 Award of Contract states--The award of the contract, if awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed." This bid does not comply with all the requirements prescribed. Because of these issues Quincon's bid is incomplete and non-responsive. Thank you Bruce Houseman Estimator/Project Manager Item 8.b. - Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.b. - Page 8