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12. Sports Court/Tennis Lighting UpgradeCUPERTINO Summary PUBLIC WORKS DEPARTMENT AGENDA ITEM ~ °~ AGENDA DATE January 20. 2009 SITBJECT AND ISSUE Award of a contract for the Sports Court/Te~mis Lighting Upgrade Project at the Sports Center to Cupertino Electric in the amount of $254,000.00 for the Tennis Court Lighting Upgrade Base Bid and authorize a construction contnsgency in the amount of $ 35,000 and approve the installation of a safety cover over the swimming pool. Merge Account 420-9236 -Tennis Court Li'.ghting into Account 420-9231 -Sports Court and Pool Demo for a total budget for the combined project of $750,000. BACKGROUND On October 7, 2008, the Council received a :report on bids received on September 25, 2008 for the Sports Court/Tennis Court Lighting Upgrade Project. The engineer's estimate and low bid from the October 7, 2008 report aze as follows: Bidder Base Bid Robert A. Bothman,Inc $ 736,472.00 Engineer's Estimate $ 536,500.00 Because the low bid exceeded the budget by more than $230,000 the Council rejected all bids for the Sports Court/Tennis Court Lighting Upgrade Project and directed staff to re-bid the project with the Tennis Court Lighting Upgrade as the base bid and with the Sports Court and Restrooms as Add Atternate No_ 1. After careful evaluation of the bids and the unit prices within the bid documents, staff and the design engineers revised the enginee='s estimate to more accurately reflect the market and bidding climate as well as the possible effect of splitting the project into a base bid of lesser cost and an add alternate of greater cost. T1ie revised estimate for the re-bid of the project is shown in the table of the report of bids received. Note that the estimate from October 7 shown above does not include the original alternate for additional lighting and electrical work_ However, that work was included in the base bid of the current project scope. 12-1 The order of the bids $om highest to lowest is determined by the base bid only, not by the combination of the base bid and add alternate No. 1. In addition, the apparent low bidders at the time the bids were opened on December 4, 2008, Rodan Builders, Inc, and ICC General Contractors Inc. were disqualified because they did not meet the experience requirements as specified in the bid documents. Report of Bids Received On December 4, 2008 the City received a total of six (6) bids for this project as follows: Bidder Base Bid Add Alternate Total General Lighting Service, Inc. $314,161.00 $465,024.00 $779,185.00 R 8c H Industries Best Electric $302,000.00 $460;720.93 $762,720.93 Vellutini Corp.Royal Electric $294,999.00 $296,666.00 $591,665.00 Engineer's Estimate $275,000.00 $490,000.00 $765,000.00 Cupertino Electric $254,000.00 $479,800.00 $733,800.00 Disqualified Bidders ICC General Contractors, Inc. $244,650.00 $425,000.00 $669,650.00 Rodan Builders, Inc_ $240,000.00 $375,000.00 $615,000.00 The new combined low bid received on 12/4/08 (base bid plus add alternate) of $733,800.00, in comparison to the original tow base bid without the additional lighting component received on September 25, 2008, in the amount of $ 736,472.00 is now Lower by $ 2,672.00. As noted above, the contract award is to be based on the base bid only_ Council may, at its discretion, choose to include the low bidder's add alternate bid, but that cost may not be used to determine the low bidder_ Council should also know that the two low bidders, as shown on the chart and noted above, Rodan Builders, Inc. and ICC General Contractors, Inc. did not meet the City's business experience requirement, clearly stated in the bid documents, and were formally disqualified by letter on December 5, 2008 and December 22, 2008 respectively. Following a careful evaluation of the next lowest bidder's documents, Cupertino Electric was found to be Responsive, Responsible and Qualified, in accordance with the criteria of the Public Contract Code. 2 12-2 The Project Budget as contained in the adopted FY 2008-2009 Capital Improvement Program is the following: 420-9236 -Tennis Court Lighting $250,000 420-9231 -Snorts Court and Pool Demo 500,000 Total Combined Project $750,000 The total current costs estimated for the project assuming award of the contract including Add Alternate No. 1 to Cupertino Electric are as follows: Engineering Services $145,000 Construction -Base bid 254,000 Construction -Add Alternate No.l 479,800 Construction Contingency (15%Z_ 100.000 Total Combined Project PROJECT IMPLEMENTATION OPTIONS $978,800 Option 1: Award Contract to Cupertino Electric for Base Bid Only Engineering Services $145,000 Base Bid: Tennis Court Lighting 254,000 Construction Contingency (15%) 35,000 Pool Safetv Cover 30.000 Project Total $464,000 Selection of this Alternative will require spending up to an additional $30,000 for a pool cover as a safety measure if the pool is not demolished_ This option will result in a project cost reduction of approximately $286,000, however, the pool demolition and sports court portion of the project will not be constructed. Option 2: Award Contract to Cupertino Electric for Base Bid and Add Alternate No. I Engineering Services $145,000 Base Bid: Tennis Court Lighting 254,000 Add Alternate No. 1: Sport Court/Re:;trooms 479,800 Construction Contingency (15%) 100.000 Project Total $978,800 To proceed with the project under this scenario would require the appropriation of an additional $ 228,800 to fully fund the proje~~t costs. (The additional funds required from the October 7, 2008 proposal for this same option was $230,500.) 3 ~2-3 Option 3: Award Base Bid -Rebid Alternate 1 without Restrooms The major cost increase in the bids is the inclusion of two restrooms at the sports court, which represents an estimated cost of approximately $200,000. T`he retrooms are not required by code but were included in the project as a convenience. While perhaps less convenient, there aze ample restroom facilities in the adjacent Sports Center building. A revised estimate for this option based on costs from the current bid and an escalation factor to account for the rebid as a separate project is as follows: Engineering Services $155,000 Tennis Court Lighting (Low Bid) 254,000 Sport Court/Pool Demo/ without Restrooms 310,000 Construction Contingency f15%) 100.000 Project Total $ 819,000 Under this alternative, staff would propose to iemove the retrooms from the scope of the project and re-bid it daring February and March 2009. This alternative represents an estimate that exceeds the budget by $69,000_ However, the number of bidders and the narrow range of bids appear to strongly indicate a high level of interest in these two projects. Local contractors, no doubt, are already feeling some of the effects of the economic downturn. Under those C1rC~~mctaneeS, it is possible that this scope change (i.e., no bathrooms) may result in a bid that could be closer to the current budget so no increase in the budget is recommended at this time. However, that remains an unknown since this scope has never been bid as a separate package_ It should be noted that this is the same as Alternative 3 proposed and recommended by staff on October 7, 2008 except that it now includes the tennis court lighting upgrade. This is incorporated into the recommendation at this time as requested by the tennis community which the Council declazed to be the higher priority in directing staff to make it the base bid component of the current bid documents. The following Table is a comparison of the cost implications of each alternative: Option 1 Optioa 2 Option 3 Low Bid Award Base Award Base Base Only 8s Alt. 1 Re-bid Alt. 1 Base Only &c Alt. I no bathrooms Engr. Svcs $ 145,000 $ 145,000 $ 155,000 Tennis Lighting 254,000 254,000 Tennis w/Court/Pool 733,800 Court/Pool w/o BR 310,000 Pool Cover 30,000 Contingency 35,000 100,000 100,000 Total $ 464,000 $ 978,800 $ 819,000 Budeet $ 750.000 $ 750.000 $ 750.000 Net (Short) $ 286,000 ($228,800) ($ 69,000) 12-4 CONCLUSION When all the above options are considered wi#h their respective pros and cons, stall' believes that the most prudent course of action would be to pursue the project under Option 1, i.e., award of the base bid project, Tennis Court bighting to Cupertino Electric, install a cover over the pool as noted above and defer action on the Sports Court and Pool Demolition portion of the project. However, there remains one final option ths~t, given the fiscal crisis that the State is facing, Council may wish to put this decision off entirely until we see what the State will do to our budget and our financial future becomes clearer. In that case, staff would suggest that the Council reject all bids and defer any further activity on any component of this project. The cost implications of this option are as follow::. Engineering Services (previously expended) $ 90,000 Close out costs (Estimated) 20,000 Pool Cover 30.000 Project Total $ 140,000 Budget $ 750,000 Net $ 610,000 FISCAL I1~~ACT In order to continue the projects as combined, a budget action is necessary to combine both budget accounts (420-9236 -Tennis Court Lighting and 420-9231 -Sports Court and Pool Demo) into one line item in one account. However, if the Council elects to reject all bids and defer any fiirther activity on the project, this budget action would not be necessary. STAFF IZI;COMMENDATION Award of a contract for the Sports Court/Tennis Lighting Upgrade Project at the Sports Center to Cupertino Electric in the amount of $254,000.00 for the Tennis Court Lighting Upgrade Base Bid and authorize a construction contingency in the amount of $ 35,000 and defer action on the Pool Demolition and Sports Court portion of the project and approve the installation of a safety cover over the swimming pool. iz-s Merge Account 420-9236 -Tennis Court Lighting into Account 420-9231 -Sports Court and Pool Demo for a total budget for the combined project of $750,000. Submitted by_ Ralph A. Qualls, Jr. Director, Public Works Approved for submission: ~~ David W. Knapp City Manager .~~~"~/ Mark finder Director, Parks and Recreation ~2-s